{"id":"qld:sl-2006-0200","name":"Electricity Regulation 2006","slug":"electricity-regulation-2006","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"200 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175857,"registerId":"qld-qld:sl-2006-0200-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application of ch 2","content":"### sec.8 Application of ch 2\n\nThis chapter does not apply to—\nan electric line or works within the limits of a mine; or\npetroleum plant.\nIn this section—\nmine means—\na coal mine within the meaning of the Coal Mining Safety and Health Act 1999 ; or\na mine within the meaning of the Mining and Quarrying Safety and Health Act 1999.\npetroleum plant means private plant or an electrical installation, subject to inspection under the Petroleum and Gas (Production and Safety) Act 2004 .\nprivate plant means generating plant not used by an electricity entity or special approval holder in accordance with an authority or special approval.\n(sec.8-ssec.1) This chapter does not apply to— an electric line or works within the limits of a mine; or petroleum plant.\n(sec.8-ssec.2) In this section— mine means— a coal mine within the meaning of the Coal Mining Safety and Health Act 1999 ; or a mine within the meaning of the Mining and Quarrying Safety and Health Act 1999. petroleum plant means private plant or an electrical installation, subject to inspection under the Petroleum and Gas (Production and Safety) Act 2004 . private plant means generating plant not used by an electricity entity or special approval holder in accordance with an authority or special approval.\n- (a) an electric line or works within the limits of a mine; or\n- (b) petroleum plant.\n- (a) a coal mine within the meaning of the Coal Mining Safety and Health Act 1999 ; or\n- (b) a mine within the meaning of the Mining and Quarrying Safety and Health Act 1999.","sortOrder":1},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Design, building and maintenance of electric lines and works","content":"# Design, building and maintenance of electric lines and works","sortOrder":2},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Compliance with part","content":"## Compliance with part","sortOrder":3},{"sectionNumber":"sec.9","sectionType":"section","heading":"Compliance with this part","content":"### sec.9 Compliance with this part\n\nA person who designs, builds, maintains or operates an electric line or works must ensure the provisions of this part relevant to the line or works are complied with.\nMaximum penalty—20 penalty units.","sortOrder":4},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Earthing, frequency and voltage","content":"## Earthing, frequency and voltage","sortOrder":5},{"sectionNumber":"sec.10","sectionType":"section","heading":"Systems of earthing","content":"### sec.10 Systems of earthing\n\nThe system of earthing used by an electricity entity for low voltage supply to customers must be the multiple earthed neutral system, or, if that system is not effective, another suitable system that complies with the wiring rules.","sortOrder":6},{"sectionNumber":"sec.11","sectionType":"section","heading":"Supply at low voltage","content":"### sec.11 Supply at low voltage\n\nElectricity for general supply must be alternating current having a nominal frequency of 50Hz.\nThe standard voltage for the supply, before 27 October 2018, of electricity at low voltage from a 3-phase system is—\nbetween a phase conductor and a neutral conductor—\nthe nominal voltage stated for the system in AS 60038; or\n240V; and\nbetween 2 phase conductors—\nthe nominal voltage stated for the system in AS 60038; or\n415V.\nThe standard voltage for the supply, before 27 October 2018, of electricity at low voltage from a single phase system is—\nbetween a phase conductor and a neutral conductor—\nthe nominal voltage stated for the system in AS 60038; or\n240V; and\nbetween the phase conductors—\nthe nominal voltage stated for the system in AS 60038; or\n480V.\nThe standard voltage for the supply, on or after 27 October 2018, of electricity at low voltage from a 3-phase system or a single phase system is the nominal voltage stated for the system in AS 60038.\ns 11 amd 2017 SL No. 223 s 3\n(sec.11-ssec.1) Electricity for general supply must be alternating current having a nominal frequency of 50Hz.\n(sec.11-ssec.2) The standard voltage for the supply, before 27 October 2018, of electricity at low voltage from a 3-phase system is— between a phase conductor and a neutral conductor— the nominal voltage stated for the system in AS 60038; or 240V; and between 2 phase conductors— the nominal voltage stated for the system in AS 60038; or 415V.\n(sec.11-ssec.3) The standard voltage for the supply, before 27 October 2018, of electricity at low voltage from a single phase system is— between a phase conductor and a neutral conductor— the nominal voltage stated for the system in AS 60038; or 240V; and between the phase conductors— the nominal voltage stated for the system in AS 60038; or 480V.\n(sec.11-ssec.4) The standard voltage for the supply, on or after 27 October 2018, of electricity at low voltage from a 3-phase system or a single phase system is the nominal voltage stated for the system in AS 60038.\n- (a) between a phase conductor and a neutral conductor— (i) the nominal voltage stated for the system in AS 60038; or (ii) 240V; and\n- (i) the nominal voltage stated for the system in AS 60038; or\n- (ii) 240V; and\n- (b) between 2 phase conductors— (i) the nominal voltage stated for the system in AS 60038; or (ii) 415V.\n- (i) the nominal voltage stated for the system in AS 60038; or\n- (ii) 415V.\n- (i) the nominal voltage stated for the system in AS 60038; or\n- (ii) 240V; and\n- (i) the nominal voltage stated for the system in AS 60038; or\n- (ii) 415V.\n- (a) between a phase conductor and a neutral conductor— (i) the nominal voltage stated for the system in AS 60038; or (ii) 240V; and\n- (i) the nominal voltage stated for the system in AS 60038; or\n- (ii) 240V; and\n- (b) between the phase conductors— (i) the nominal voltage stated for the system in AS 60038; or (ii) 480V.\n- (i) the nominal voltage stated for the system in AS 60038; or\n- (ii) 480V.\n- (i) the nominal voltage stated for the system in AS 60038; or\n- (ii) 240V; and\n- (i) the nominal voltage stated for the system in AS 60038; or\n- (ii) 480V.","sortOrder":7},{"sectionNumber":"sec.12","sectionType":"section","heading":"Supply at high voltage","content":"### sec.12 Supply at high voltage\n\nIf an electricity entity agrees with a customer to supply electricity to the customer at high voltage, the agreed voltage is the standard voltage for the supply.","sortOrder":8},{"sectionNumber":"sec.13","sectionType":"section","heading":"Changes of voltage at customer’s consumers terminals","content":"### sec.13 Changes of voltage at customer’s consumers terminals\n\nSupply of electricity by an electricity entity to a customer must be maintained at the standard voltage for the supply mentioned in section 11 or 12 .\nFor the supply of electricity at low voltage before 27 October 2018, the supply is taken to be maintained at the standard voltage for the supply if the voltage at a customer’s consumers terminals—\nfor the standard voltage mentioned in section 11 (2) (a) (i) or (b)(i) or (3) (a) (i) or (b) (i) —does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038; or\nfor the standard voltage mentioned in section 11 (2) (a) (ii) or (b)(ii) or (3) (a) (ii) or (b)(ii)—is no more than 6% more or less than the standard voltage.\nFor the supply of electricity at low voltage on or after 27 October 2018, the supply is taken to be maintained at the standard voltage for the supply if the voltage at a customer’s consumers terminals—\nfor supply before 1 July 2020—does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038; or\notherwise—\nis within the minimum preferred steady state median voltage and the maximum preferred steady state median voltage stated in AS 61000; or\nif the voltage can not be maintained under subparagraph (i) —does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038.\nThe supply of electricity at high voltage is taken to be maintained at the standard voltage for the supply if the voltage at a customer’s consumers terminals is—\nfor the supply of electricity at a voltage of 22,000V or less—no more than 5% more or less than the standard voltage; or\nfor the supply of electricity at a voltage more than 22,000V—within the margin agreed between the electricity entity and the customer.\nFor measuring the voltage at a customer’s consumers terminals for subsection (2) , (3) or (4) , the methodology for the measurement of steady state voltage stated in AS 61000 must be used.\nIn this section—\nAS 61000 means AS 61000.3.100 (Limits—Steady state voltage limits in public electricity systems) as in force from time to time.\ns 13 amd 2017 SL No. 223 s 4\n(sec.13-ssec.1) Supply of electricity by an electricity entity to a customer must be maintained at the standard voltage for the supply mentioned in section 11 or 12 .\n(sec.13-ssec.2) For the supply of electricity at low voltage before 27 October 2018, the supply is taken to be maintained at the standard voltage for the supply if the voltage at a customer’s consumers terminals— for the standard voltage mentioned in section 11 (2) (a) (i) or (b)(i) or (3) (a) (i) or (b) (i) —does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038; or for the standard voltage mentioned in section 11 (2) (a) (ii) or (b)(ii) or (3) (a) (ii) or (b)(ii)—is no more than 6% more or less than the standard voltage.\n(sec.13-ssec.3) For the supply of electricity at low voltage on or after 27 October 2018, the supply is taken to be maintained at the standard voltage for the supply if the voltage at a customer’s consumers terminals— for supply before 1 July 2020—does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038; or otherwise— is within the minimum preferred steady state median voltage and the maximum preferred steady state median voltage stated in AS 61000; or if the voltage can not be maintained under subparagraph (i) —does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038.\n(sec.13-ssec.4) The supply of electricity at high voltage is taken to be maintained at the standard voltage for the supply if the voltage at a customer’s consumers terminals is— for the supply of electricity at a voltage of 22,000V or less—no more than 5% more or less than the standard voltage; or for the supply of electricity at a voltage more than 22,000V—within the margin agreed between the electricity entity and the customer.\n(sec.13-ssec.5) For measuring the voltage at a customer’s consumers terminals for subsection (2) , (3) or (4) , the methodology for the measurement of steady state voltage stated in AS 61000 must be used.\n(sec.13-ssec.6) In this section— AS 61000 means AS 61000.3.100 (Limits—Steady state voltage limits in public electricity systems) as in force from time to time.\n- (a) for the standard voltage mentioned in section 11 (2) (a) (i) or (b)(i) or (3) (a) (i) or (b) (i) —does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038; or\n- (b) for the standard voltage mentioned in section 11 (2) (a) (ii) or (b)(ii) or (3) (a) (ii) or (b)(ii)—is no more than 6% more or less than the standard voltage.\n- (a) for supply before 1 July 2020—does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038; or\n- (b) otherwise— (i) is within the minimum preferred steady state median voltage and the maximum preferred steady state median voltage stated in AS 61000; or (ii) if the voltage can not be maintained under subparagraph (i) —does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038.\n- (i) is within the minimum preferred steady state median voltage and the maximum preferred steady state median voltage stated in AS 61000; or\n- (ii) if the voltage can not be maintained under subparagraph (i) —does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038.\n- (i) is within the minimum preferred steady state median voltage and the maximum preferred steady state median voltage stated in AS 61000; or\n- (ii) if the voltage can not be maintained under subparagraph (i) —does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038.\n- (a) for the supply of electricity at a voltage of 22,000V or less—no more than 5% more or less than the standard voltage; or\n- (b) for the supply of electricity at a voltage more than 22,000V—within the margin agreed between the electricity entity and the customer.","sortOrder":9},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Service lines","content":"## Service lines","sortOrder":10},{"sectionNumber":"sec.14","sectionType":"section","heading":"Service lines on customer’s premises—electricity entity’s obligations","content":"### sec.14 Service lines on customer’s premises—electricity entity’s obligations\n\nAn electricity entity must, in accordance with recognised practice in the electricity industry—\ndecide the route, termination point, number of phases, lengths, type and size of its service lines; and\nprovide and install or arrange for the provision and installation of its service lines.\nThe electricity entity must—\nif requested by a customer to connect a service line that is a standard control service—meet the cost of providing and installing the service line to the customer’s premises; or\nif requested by a customer to provide and install or arrange for the provision and installation of a service line that is not a standard control service—provide and install or arrange for the provision and installation of the service line to the customer’s premises at the customer’s expense.\nHowever, the maximum length of a service line required to be provided and installed within a customer’s premises by an electricity entity at the electricity entity’s cost is—\n20m for an overhead service line; or\n7m for an underground service line.\nAlso, subsections (1) (b) , (2) (a) and (3) apply only to the provision and installation of 1 initial service line that is a standard control service at particular premises, whether before or after the commencement of this section.\nSubsection (1) (b) does not apply if a customer requires an additional service line, or the upgrading of the existing service line, at the customer’s premises to operate 3-phase air-conditioning equipment.\nFor subsections (1) and (3) , a service line must be measured from the customer’s property alignment or, if the line does not cross the property alignment, the point of origin of the service line.\ns 14 amd 2011 SL No. 255 s 3\n(sec.14-ssec.1) An electricity entity must, in accordance with recognised practice in the electricity industry— decide the route, termination point, number of phases, lengths, type and size of its service lines; and provide and install or arrange for the provision and installation of its service lines.\n(sec.14-ssec.2) The electricity entity must— if requested by a customer to connect a service line that is a standard control service—meet the cost of providing and installing the service line to the customer’s premises; or if requested by a customer to provide and install or arrange for the provision and installation of a service line that is not a standard control service—provide and install or arrange for the provision and installation of the service line to the customer’s premises at the customer’s expense.\n(sec.14-ssec.3) However, the maximum length of a service line required to be provided and installed within a customer’s premises by an electricity entity at the electricity entity’s cost is— 20m for an overhead service line; or 7m for an underground service line.\n(sec.14-ssec.4) Also, subsections (1) (b) , (2) (a) and (3) apply only to the provision and installation of 1 initial service line that is a standard control service at particular premises, whether before or after the commencement of this section. Subsection (1) (b) does not apply if a customer requires an additional service line, or the upgrading of the existing service line, at the customer’s premises to operate 3-phase air-conditioning equipment.\n(sec.14-ssec.5) For subsections (1) and (3) , a service line must be measured from the customer’s property alignment or, if the line does not cross the property alignment, the point of origin of the service line.\n- (a) decide the route, termination point, number of phases, lengths, type and size of its service lines; and\n- (b) provide and install or arrange for the provision and installation of its service lines.\n- (a) if requested by a customer to connect a service line that is a standard control service—meet the cost of providing and installing the service line to the customer’s premises; or\n- (b) if requested by a customer to provide and install or arrange for the provision and installation of a service line that is not a standard control service—provide and install or arrange for the provision and installation of the service line to the customer’s premises at the customer’s expense.\n- (a) 20m for an overhead service line; or\n- (b) 7m for an underground service line.","sortOrder":11},{"sectionNumber":"sec.15","sectionType":"section","heading":"Service lines on customer’s premises—customer’s obligations","content":"### sec.15 Service lines on customer’s premises—customer’s obligations\n\nA customer must provide and maintain, free of cost to an electricity entity, the facilities the entity reasonably decides are necessary to attach an overhead service line to the customer’s premises or for the entrance, support, protection and termination of an underground service line.\na service riser bracket\ntimber backing for the electricity entity’s ‘J’ hook\nThe customer must provide access for the entity to install, test, maintain or take away its service line without hindrance or obstruction.\nThe customer must pay the reasonable cost of a service line provided, unless—\nthe service line is a standard control service; and\nthe line is an initial service line to the customer’s premises.\ns 15 amd 2011 SL No. 255 s 4\n(sec.15-ssec.1) A customer must provide and maintain, free of cost to an electricity entity, the facilities the entity reasonably decides are necessary to attach an overhead service line to the customer’s premises or for the entrance, support, protection and termination of an underground service line. a service riser bracket timber backing for the electricity entity’s ‘J’ hook\n(sec.15-ssec.2) The customer must provide access for the entity to install, test, maintain or take away its service line without hindrance or obstruction.\n(sec.15-ssec.3) The customer must pay the reasonable cost of a service line provided, unless— the service line is a standard control service; and the line is an initial service line to the customer’s premises.\n- • a service riser bracket\n- • timber backing for the electricity entity’s ‘J’ hook\n- (a) the service line is a standard control service; and\n- (b) the line is an initial service line to the customer’s premises.","sortOrder":12},{"sectionNumber":"ch.2-pt.2-div.4","sectionType":"division","heading":"Maintenance of works","content":"## Maintenance of works","sortOrder":13},{"sectionNumber":"sec.16","sectionType":"section","heading":"Maintenance of works","content":"### sec.16 Maintenance of works\n\nAn electricity entity must, in accordance with recognised practice in the electricity industry, periodically inspect and maintain its works to ensure the works remain in good working order and condition.","sortOrder":14},{"sectionNumber":"sec.17","sectionType":"section","heading":"Clearing, lopping and pruning of trees on non-freehold land","content":"### sec.17 Clearing, lopping and pruning of trees on non-freehold land\n\nAn electricity entity may clear, lop or prune trees growing on non-freehold land if—\nit is necessary to do so to build, maintain or operate an electric line or works on the land; and\nthe entity holds the benefit of an easement, licence or other agreement in relation to the line or works.\nSubsection (1) applies—\nwhether or not the easement, licence or agreement authorises the clearing, lopping or pruning; and\nsubject to—\nthe conditions of the easement, licence or agreement; and\nsection 18 .\nTo the extent a local planning instrument or a local law is inconsistent with subsection (1) , the local planning instrument or local law is of no effect.\nIn this section—\nlocal planning instrument means a local planning instrument under the Planning Act 2016 .\ntrees see the Forestry Act 1959.\ns 17 amd 2009 SL No. 280 s 66 ; 2017 SL No. 103 s 39\n(sec.17-ssec.1) An electricity entity may clear, lop or prune trees growing on non-freehold land if— it is necessary to do so to build, maintain or operate an electric line or works on the land; and the entity holds the benefit of an easement, licence or other agreement in relation to the line or works.\n(sec.17-ssec.2) Subsection (1) applies— whether or not the easement, licence or agreement authorises the clearing, lopping or pruning; and subject to— the conditions of the easement, licence or agreement; and section 18 .\n(sec.17-ssec.3) To the extent a local planning instrument or a local law is inconsistent with subsection (1) , the local planning instrument or local law is of no effect.\n(sec.17-ssec.4) In this section— local planning instrument means a local planning instrument under the Planning Act 2016 . trees see the Forestry Act 1959.\n- (a) it is necessary to do so to build, maintain or operate an electric line or works on the land; and\n- (b) the entity holds the benefit of an easement, licence or other agreement in relation to the line or works.\n- (a) whether or not the easement, licence or agreement authorises the clearing, lopping or pruning; and\n- (b) subject to— (i) the conditions of the easement, licence or agreement; and (ii) section 18 .\n- (i) the conditions of the easement, licence or agreement; and\n- (ii) section 18 .\n- (i) the conditions of the easement, licence or agreement; and\n- (ii) section 18 .","sortOrder":15},{"sectionNumber":"ch.2-pt.2-div.5","sectionType":"division","heading":"Works on publicly controlled places","content":"## Works on publicly controlled places","sortOrder":16},{"sectionNumber":"sec.18","sectionType":"section","heading":"Notice to be given to public entity","content":"### sec.18 Notice to be given to public entity\n\nThis section applies if an electricity entity intends to take action mentioned in subsection (2) in a publicly controlled place unless—\nthe action is an action authorised under sections 140 to 141 of the Act ; and\nthe entity complies with the section in relation to the entry to the place and the taking of the action.\nThe action is—\nopening or breaking up the soil or pavement of the place; or\nclearing, lopping or pruning a tree or other vegetation growing in or over the place, other than for routine maintenance; or\nopening or breaking up a sewer, drain or tunnel in or under the place; or\ntemporarily stopping or diverting traffic on or from the place; or\nbuilding a drain, excavation, subway or tunnel in or under the place.\nThe electricity entity must give at least 14 days written or oral notice of its intention to the public entity that has control of the publicly controlled place unless the notice is given in accordance with another period of notice agreed between the entities.\nHowever, subsection (5) applies if, in the electricity entity’s opinion, there is an emergency in which—\nthere is an actual or a potential danger to persons or property; or\nthe supply of electricity to a customer has been interrupted.\nIf this subsection applies, the electricity entity may act under section 101 of the Act to remedy a defect, eliminate an actual or potential danger or restore the supply of electricity to a customer, without first giving the notice under subsection (3) .\nIf the electricity entity acts under subsection (5) , it must give the notice mentioned in subsection (3) as soon as practicable.\ns 18 amd 2009 SL No. 172 s 4\n(sec.18-ssec.1) This section applies if an electricity entity intends to take action mentioned in subsection (2) in a publicly controlled place unless— the action is an action authorised under sections 140 to 141 of the Act ; and the entity complies with the section in relation to the entry to the place and the taking of the action.\n(sec.18-ssec.2) The action is— opening or breaking up the soil or pavement of the place; or clearing, lopping or pruning a tree or other vegetation growing in or over the place, other than for routine maintenance; or opening or breaking up a sewer, drain or tunnel in or under the place; or temporarily stopping or diverting traffic on or from the place; or building a drain, excavation, subway or tunnel in or under the place.\n(sec.18-ssec.3) The electricity entity must give at least 14 days written or oral notice of its intention to the public entity that has control of the publicly controlled place unless the notice is given in accordance with another period of notice agreed between the entities.\n(sec.18-ssec.4) However, subsection (5) applies if, in the electricity entity’s opinion, there is an emergency in which— there is an actual or a potential danger to persons or property; or the supply of electricity to a customer has been interrupted.\n(sec.18-ssec.5) If this subsection applies, the electricity entity may act under section 101 of the Act to remedy a defect, eliminate an actual or potential danger or restore the supply of electricity to a customer, without first giving the notice under subsection (3) .\n(sec.18-ssec.6) If the electricity entity acts under subsection (5) , it must give the notice mentioned in subsection (3) as soon as practicable.\n- (a) the action is an action authorised under sections 140 to 141 of the Act ; and\n- (b) the entity complies with the section in relation to the entry to the place and the taking of the action.\n- (a) opening or breaking up the soil or pavement of the place; or\n- (b) clearing, lopping or pruning a tree or other vegetation growing in or over the place, other than for routine maintenance; or\n- (c) opening or breaking up a sewer, drain or tunnel in or under the place; or\n- (d) temporarily stopping or diverting traffic on or from the place; or\n- (e) building a drain, excavation, subway or tunnel in or under the place.\n- (a) there is an actual or a potential danger to persons or property; or\n- (b) the supply of electricity to a customer has been interrupted.","sortOrder":17},{"sectionNumber":"sec.19","sectionType":"section","heading":"Electricity entity must comply with public entity’s requirements","content":"### sec.19 Electricity entity must comply with public entity’s requirements\n\nIf an electricity entity goes on a publicly controlled place to take action for which notice must be given under section 18 , the public entity that has control of the place may require the electricity entity to act on the days and at the times the public entity reasonably requires.\nThe electricity entity must comply with a reasonable requirement by the public entity under subsection (1) .\n(sec.19-ssec.1) If an electricity entity goes on a publicly controlled place to take action for which notice must be given under section 18 , the public entity that has control of the place may require the electricity entity to act on the days and at the times the public entity reasonably requires.\n(sec.19-ssec.2) The electricity entity must comply with a reasonable requirement by the public entity under subsection (1) .","sortOrder":18},{"sectionNumber":"sec.20","sectionType":"section","heading":"Guarding of work on publicly controlled place","content":"### sec.20 Guarding of work on publicly controlled place\n\nAn electricity entity that has opened or broken up a publicly controlled place must, at all times while the place is opened or broken up, ensure—\nit is barricaded and guarded; and\nsigns and lights sufficient for the warning and guidance of traffic, including pedestrians, are set up and maintained against or near the place where it is opened or broken up.\nIf required by the public entity, the electricity entity must also set up and maintain additional warning or protection devices to safeguard the public whether before or during the work.\n(sec.20-ssec.1) An electricity entity that has opened or broken up a publicly controlled place must, at all times while the place is opened or broken up, ensure— it is barricaded and guarded; and signs and lights sufficient for the warning and guidance of traffic, including pedestrians, are set up and maintained against or near the place where it is opened or broken up.\n(sec.20-ssec.2) If required by the public entity, the electricity entity must also set up and maintain additional warning or protection devices to safeguard the public whether before or during the work.\n- (a) it is barricaded and guarded; and\n- (b) signs and lights sufficient for the warning and guidance of traffic, including pedestrians, are set up and maintained against or near the place where it is opened or broken up.","sortOrder":19},{"sectionNumber":"sec.21","sectionType":"section","heading":"Restoration of publicly controlled place","content":"### sec.21 Restoration of publicly controlled place\n\nAn electricity entity that has opened or broken up a publicly controlled place must—\nwith all convenient speed, finish the work; and\non finishing the work, take away from the place all plant, materials and equipment not built into the work; and\nrestore, as far as practicable, the place where the work was carried out and leave it tidy.\nThe way action under subsection (1) is to be carried out by or for the electricity entity is as agreed between the electricity entity and the public entity controlling the place and in accordance with reasonable conditions and requirements stated by the public entity.\n(sec.21-ssec.1) An electricity entity that has opened or broken up a publicly controlled place must— with all convenient speed, finish the work; and on finishing the work, take away from the place all plant, materials and equipment not built into the work; and restore, as far as practicable, the place where the work was carried out and leave it tidy.\n(sec.21-ssec.2) The way action under subsection (1) is to be carried out by or for the electricity entity is as agreed between the electricity entity and the public entity controlling the place and in accordance with reasonable conditions and requirements stated by the public entity.\n- (a) with all convenient speed, finish the work; and\n- (b) on finishing the work, take away from the place all plant, materials and equipment not built into the work; and\n- (c) restore, as far as practicable, the place where the work was carried out and leave it tidy.","sortOrder":20},{"sectionNumber":"sec.22","sectionType":"section","heading":"Electricity entity to keep publicly controlled place in good repair after work","content":"### sec.22 Electricity entity to keep publicly controlled place in good repair after work\n\nAn electricity entity must keep a publicly controlled place that has been opened or broken up and restored by it in good repair—\nfor 3 months after restoring the place; and\nif the ground subsides and continues to subside—for up to a further 9 months.\nThe way maintenance work is to be carried out by or for the electricity entity is as agreed between the electricity entity and the public entity that controls the place.\n(sec.22-ssec.1) An electricity entity must keep a publicly controlled place that has been opened or broken up and restored by it in good repair— for 3 months after restoring the place; and if the ground subsides and continues to subside—for up to a further 9 months.\n(sec.22-ssec.2) The way maintenance work is to be carried out by or for the electricity entity is as agreed between the electricity entity and the public entity that controls the place.\n- (a) for 3 months after restoring the place; and\n- (b) if the ground subsides and continues to subside—for up to a further 9 months.","sortOrder":21},{"sectionNumber":"sec.23","sectionType":"section","heading":"Warning signs on roads","content":"### sec.23 Warning signs on roads\n\nIf an electricity entity or its contractor is building or maintaining an electric line or other works on a road, signs and lights set up and maintained by the entity and its contractor to safeguard the public must be the appropriate official traffic signs under the Transport Operations (Road Use Management) Act 1995 .","sortOrder":22},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Customers’ electrical installations","content":"# Customers’ electrical installations","sortOrder":23},{"sectionNumber":"sec.24","sectionType":"section","heading":"Installation and operation of electric line beyond person’s property","content":"### sec.24 Installation and operation of electric line beyond person’s property\n\nA person may install and operate, on a place beyond the person’s property (including on a publicly controlled place), a low voltage electric line forming part of the person’s electrical installation if—\nthe person has consulted with all entities who may have an interest in the proposed location of the electric line; and\nthe entities have stated in writing that they have no objection to the installation or operation of the electric line; and\nthe installation and operation of the electric line is not likely to cause a fire or a person to suffer an electric shock.\nThe entities to be consulted include—\nthe relevant supplier; and\nfor a publicly controlled place—the local government or other entity with responsibility for the place; and\nfor a place other than a publicly controlled place—the owner and each lessee or occupier of the place.\nThe electric line must be installed in accordance with—\nthe wiring rules; and\nany requirement or condition imposed by an entity consulted.\nIf an electric line forming part of a person’s electrical installation is installed on a place contrary to this section, the regulator may direct the person to take away the electric line, at the person’s expense.\nThe regulator must give the person a QCAT information notice about the decision to give the direction.\nIf the person does not comply with the direction, the regulator may take away the electric line and recover the cost of the removal from the person as a debt payable to the State.\nA person who complies with subsections (1) to (3) about an electric line does not need an authority or special approval under the Act to install or operate the line.\ns 24 amd 2009 Act No. 24 s 450\n(sec.24-ssec.1) A person may install and operate, on a place beyond the person’s property (including on a publicly controlled place), a low voltage electric line forming part of the person’s electrical installation if— the person has consulted with all entities who may have an interest in the proposed location of the electric line; and the entities have stated in writing that they have no objection to the installation or operation of the electric line; and the installation and operation of the electric line is not likely to cause a fire or a person to suffer an electric shock.\n(sec.24-ssec.2) The entities to be consulted include— the relevant supplier; and for a publicly controlled place—the local government or other entity with responsibility for the place; and for a place other than a publicly controlled place—the owner and each lessee or occupier of the place.\n(sec.24-ssec.3) The electric line must be installed in accordance with— the wiring rules; and any requirement or condition imposed by an entity consulted.\n(sec.24-ssec.4) If an electric line forming part of a person’s electrical installation is installed on a place contrary to this section, the regulator may direct the person to take away the electric line, at the person’s expense.\n(sec.24-ssec.5) The regulator must give the person a QCAT information notice about the decision to give the direction.\n(sec.24-ssec.6) If the person does not comply with the direction, the regulator may take away the electric line and recover the cost of the removal from the person as a debt payable to the State.\n(sec.24-ssec.7) A person who complies with subsections (1) to (3) about an electric line does not need an authority or special approval under the Act to install or operate the line.\n- (a) the person has consulted with all entities who may have an interest in the proposed location of the electric line; and\n- (b) the entities have stated in writing that they have no objection to the installation or operation of the electric line; and\n- (c) the installation and operation of the electric line is not likely to cause a fire or a person to suffer an electric shock.\n- (a) the relevant supplier; and\n- (b) for a publicly controlled place—the local government or other entity with responsibility for the place; and\n- (c) for a place other than a publicly controlled place—the owner and each lessee or occupier of the place.\n- (a) the wiring rules; and\n- (b) any requirement or condition imposed by an entity consulted.","sortOrder":24},{"sectionNumber":"sec.25","sectionType":"section","heading":"Power factor","content":"### sec.25 Power factor\n\nA customer must comply with any requirement of its supplier made of the customer under section 36 about the power factor of an electrical installation.\nSee section 37 for what action the distribution entity may take if the customer does not comply with the requirement.","sortOrder":25},{"sectionNumber":"sec.26","sectionType":"section","heading":"Prevention of interference by motor installations and associated starting devices","content":"### sec.26 Prevention of interference by motor installations and associated starting devices\n\nA person may connect a motor installation or associated starting device only if it is designed and operated to comply with any requirements of the regulator to prevent interference with supply of electricity to other customers.\nSee sections 36 and 37 for what action a distribution entity may take if the distribution entity considers the installation or device interferes, or is likely to interfere, with the supply of electricity to other customers.","sortOrder":26},{"sectionNumber":"sec.27","sectionType":"section","heading":"Interference with supply of electricity","content":"### sec.27 Interference with supply of electricity\n\nA customer must not use electricity or an electrical article so the supply of electricity to other customers of the supplier who supplies the electricity is unreasonably interfered with.\nSee sections 36 and 37 for what action a distribution entity may take if the distribution entity considers the installation or device interferes, or is likely to interfere, with the supply of electricity to other customers.","sortOrder":27},{"sectionNumber":"sec.28","sectionType":"section","heading":"Customer’s generating plant for interconnection to supply network","content":"### sec.28 Customer’s generating plant for interconnection to supply network\n\nA customer must not install generating plant for interconnection with a supplier’s supply network without the supplier’s agreement.\nMaximum penalty—20 penalty units.\nThe agreement must include the conditions for securing safe and stable parallel operation of the supply network and the generating plant.\n(sec.28-ssec.1) A customer must not install generating plant for interconnection with a supplier’s supply network without the supplier’s agreement. Maximum penalty—20 penalty units.\n(sec.28-ssec.2) The agreement must include the conditions for securing safe and stable parallel operation of the supply network and the generating plant.","sortOrder":28},{"sectionNumber":"sec.29","sectionType":"section","heading":"Requirement for circuit-breaker","content":"### sec.29 Requirement for circuit-breaker\n\nIf required by the relevant supplier, a customer must ensure the customer’s electrical installation has a circuit-breaker as a main switch or a circuit-breaker instead of a fuse as part of the installation.\nMaximum penalty—20 penalty units.\nHowever, the customer may choose whether to have a circuit-breaker as a main switch or a circuit-breaker instead of a fuse if the relevant supplier does not state which is required.\n(sec.29-ssec.1) If required by the relevant supplier, a customer must ensure the customer’s electrical installation has a circuit-breaker as a main switch or a circuit-breaker instead of a fuse as part of the installation. Maximum penalty—20 penalty units.\n(sec.29-ssec.2) However, the customer may choose whether to have a circuit-breaker as a main switch or a circuit-breaker instead of a fuse if the relevant supplier does not state which is required.","sortOrder":29},{"sectionNumber":"sec.30","sectionType":"section","heading":"Coordination of customer’s protection devices with electricity entity’s protection system","content":"### sec.30 Coordination of customer’s protection devices with electricity entity’s protection system\n\nAn electricity entity may cause the characteristics of a customer’s protection device to be changed and tested to maintain discrimination between the customer’s protection equipment and the electricity entity’s protection system.\nThe electricity entity may seal the adjusted protection equipment.\nA person must not unlawfully break or otherwise interfere with the seal.\nMaximum penalty for subsection (3) —20 penalty units.\n(sec.30-ssec.1) An electricity entity may cause the characteristics of a customer’s protection device to be changed and tested to maintain discrimination between the customer’s protection equipment and the electricity entity’s protection system.\n(sec.30-ssec.2) The electricity entity may seal the adjusted protection equipment.\n(sec.30-ssec.3) A person must not unlawfully break or otherwise interfere with the seal. Maximum penalty for subsection (3) —20 penalty units.","sortOrder":30},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Qualifying customers’ small photovoltaic generators","content":"# Qualifying customers’ small photovoltaic generators","sortOrder":31},{"sectionNumber":"sec.30AA","sectionType":"section","heading":"Prescribed credit amount for credit for electricity produced by small photovoltaic generators","content":"### sec.30AA Prescribed credit amount for credit for electricity produced by small photovoltaic generators\n\nFor section 44A (1) (b) of the Act , the prescribed credit amount for a qualifying customer for a premises who, before 10 July 2012, lodged with a distribution entity a completed application to connect 1 qualifying generator at the premises to its supply network is $0.44 for each kilowatt hour.\nA qualifying customer mentioned in subsection (1) is a category 1 qualifying customer.\ns 30AA ins 2012 SL No. 99 s 3\namd 2012 SL No. 211 s 4\nsub 2014 SL No. 94 s 4\namd 2014 SL No. 338 s 8\n(sec.30AA-ssec.1) For section 44A (1) (b) of the Act , the prescribed credit amount for a qualifying customer for a premises who, before 10 July 2012, lodged with a distribution entity a completed application to connect 1 qualifying generator at the premises to its supply network is $0.44 for each kilowatt hour.\n(sec.30AA-ssec.2) A qualifying customer mentioned in subsection (1) is a category 1 qualifying customer.","sortOrder":32},{"sectionNumber":"sec.30AB","sectionType":"section","heading":"When a qualifying customer stops being entitled to be credited with prescribed credit amount for a category 1 qualifying customer","content":"### sec.30AB When a qualifying customer stops being entitled to be credited with prescribed credit amount for a category 1 qualifying customer\n\nA qualifying customer stops being entitled to be credited with the prescribed credit amount under section 44A (1) (b) of the Act for a category 1 qualifying customer in relation to a qualifying generator that is connected to a distribution entity’s supply network if the name on the electricity account for the premises is changed to another person.\nThe premises are sold or rented out.\nSubsection (1) does not apply if the qualifying customer’s spouse was a category 1 qualifying customer for the premises immediately before the qualifying customer became a qualifying customer for the premises.\nA qualifying customer also stops being entitled to be credited with the prescribed credit amount under section 44A (1) (b) of the Act for a category 1 qualifying customer if—\nno qualifying generator has been connected at the qualifying customer’s premises to a distribution entity’s supply network by the end of 30 June 2013; or\nno qualifying generator is ready to be connected at the qualifying customer’s premises to a distribution entity’s supply network by the end of 30 June 2013.\ns 30AB ins 2012 SL No. 211 s 5\namd 2014 SL No. 94 s 5 ; 2014 SL No. 338 s 9\n(sec.30AB-ssec.1) A qualifying customer stops being entitled to be credited with the prescribed credit amount under section 44A (1) (b) of the Act for a category 1 qualifying customer in relation to a qualifying generator that is connected to a distribution entity’s supply network if the name on the electricity account for the premises is changed to another person. The premises are sold or rented out.\n(sec.30AB-ssec.2) Subsection (1) does not apply if the qualifying customer’s spouse was a category 1 qualifying customer for the premises immediately before the qualifying customer became a qualifying customer for the premises.\n(sec.30AB-ssec.3) A qualifying customer also stops being entitled to be credited with the prescribed credit amount under section 44A (1) (b) of the Act for a category 1 qualifying customer if— no qualifying generator has been connected at the qualifying customer’s premises to a distribution entity’s supply network by the end of 30 June 2013; or no qualifying generator is ready to be connected at the qualifying customer’s premises to a distribution entity’s supply network by the end of 30 June 2013.\n- (a) no qualifying generator has been connected at the qualifying customer’s premises to a distribution entity’s supply network by the end of 30 June 2013; or\n- (b) no qualifying generator is ready to be connected at the qualifying customer’s premises to a distribution entity’s supply network by the end of 30 June 2013.","sortOrder":33},{"sectionNumber":"sec.30AC","sectionType":"section","heading":null,"content":"### Section sec.30AC\n\ns 30AC ins 2014 SL No. 94 s 6\nom 2014 SL No. 338 s 10","sortOrder":34},{"sectionNumber":"ch.3-pt.1A","sectionType":"part","heading":null,"content":"","sortOrder":35},{"sectionNumber":"ch.3-pt.1A-div.1","sectionType":"division","heading":null,"content":"","sortOrder":36},{"sectionNumber":"sec.30A","sectionType":"section","heading":null,"content":"### Section sec.30A\n\ns 30A ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":37},{"sectionNumber":"sec.30B","sectionType":"section","heading":null,"content":"### Section sec.30B\n\ns 30B ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":38},{"sectionNumber":"sec.30C","sectionType":"section","heading":null,"content":"### Section sec.30C\n\ns 30C ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":39},{"sectionNumber":"sec.30D","sectionType":"section","heading":null,"content":"### Section sec.30D\n\ns 30D ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":40},{"sectionNumber":"sec.30E","sectionType":"section","heading":null,"content":"### Section sec.30E\n\ns 30E ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":41},{"sectionNumber":"sec.30F","sectionType":"section","heading":null,"content":"### Section sec.30F\n\ns 30F ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":42},{"sectionNumber":"sec.30G","sectionType":"section","heading":null,"content":"### Section sec.30G\n\ns 30G ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":43},{"sectionNumber":"sec.30H","sectionType":"section","heading":null,"content":"### Section sec.30H\n\ns 30H ins 2007 SL No. 122 s 4\namd 2009 Act No. 24 s 451\nom 2014 SL No. 338 s 11","sortOrder":44},{"sectionNumber":"sec.30I","sectionType":"section","heading":null,"content":"### Section sec.30I\n\ns 30I ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":45},{"sectionNumber":"sec.30J","sectionType":"section","heading":null,"content":"### Section sec.30J\n\ns 30J ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":46},{"sectionNumber":"sec.30K","sectionType":"section","heading":null,"content":"### Section sec.30K\n\ns 30K ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":47},{"sectionNumber":"sec.30L","sectionType":"section","heading":null,"content":"### Section sec.30L\n\ns 30L ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":48},{"sectionNumber":"sec.30M","sectionType":"section","heading":null,"content":"### Section sec.30M\n\ns 30M ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":49},{"sectionNumber":"sec.30N","sectionType":"section","heading":null,"content":"### Section sec.30N\n\ns 30N ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":50},{"sectionNumber":"sec.30O","sectionType":"section","heading":null,"content":"### Section sec.30O\n\ns 30O ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":51},{"sectionNumber":"sec.30P","sectionType":"section","heading":null,"content":"### Section sec.30P\n\ns 30P ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":52},{"sectionNumber":"sec.30Q","sectionType":"section","heading":null,"content":"### Section sec.30Q\n\ns 30Q ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":53},{"sectionNumber":"sec.30R","sectionType":"section","heading":null,"content":"### Section sec.30R\n\ns 30R ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":54},{"sectionNumber":"sec.30S","sectionType":"section","heading":null,"content":"### Section sec.30S\n\ns 30S ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":55},{"sectionNumber":"sec.30T","sectionType":"section","heading":null,"content":"### Section sec.30T\n\ns 30T ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":56},{"sectionNumber":"ch.3-pt.1A-div.2","sectionType":"division","heading":null,"content":"","sortOrder":57},{"sectionNumber":"sec.30U","sectionType":"section","heading":null,"content":"### Section sec.30U\n\ns 30U ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":58},{"sectionNumber":"sec.30V","sectionType":"section","heading":null,"content":"### Section sec.30V\n\ns 30V ins 2007 SL No. 122 s 4\namd 2008 SL No. 193 s 4 ; 2009 SL No. 255 s 3 ; 2012 SL No. 93 s 4\nom 2014 SL No. 338 s 11","sortOrder":59},{"sectionNumber":"sec.30W","sectionType":"section","heading":null,"content":"### Section sec.30W\n\ns 30W ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":60},{"sectionNumber":"sec.30X","sectionType":"section","heading":null,"content":"### Section sec.30X\n\ns 30X ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":61},{"sectionNumber":"sec.30Y","sectionType":"section","heading":null,"content":"### Section sec.30Y\n\ns 30Y ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":62},{"sectionNumber":"sec.30Z","sectionType":"section","heading":null,"content":"### Section sec.30Z\n\ns 30Z ins 2007 SL No. 122 s 4\nom 2014 SL No. 338 s 11","sortOrder":63},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 om 2007 SL No. 122 s 5","sortOrder":64},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns 32 om 2007 SL No. 122 s 5","sortOrder":65},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 om 2007 SL No. 122 s 5","sortOrder":66},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 amd 2007 SL No. 122 s 6\nom 2014 SL No. 338 s 12","sortOrder":67},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 om 2007 SL No. 122 s 7","sortOrder":68},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Distribution entities and metering coordinators","content":"# Distribution entities and metering coordinators","sortOrder":69},{"sectionNumber":"ch.3-pt.1-div.1","sectionType":"division","heading":"Obligations of distribution entities and customers","content":"## Obligations of distribution entities and customers","sortOrder":70},{"sectionNumber":"sec.36","sectionType":"section","heading":"Regulating customer’s use etc. of electricity","content":"### sec.36 Regulating customer’s use etc. of electricity\n\nThis section applies if, in the distribution entity’s opinion—\nthe use or intended use of an electrical article by a customer unreasonably interferes, or is likely to unreasonably interfere, with the entity’s supply of electricity to other customers; or\na customer uses or deals with electricity so the supply of electricity to other customers is, or is likely to be, unreasonably interfered with; or\na customer’s motor installation or associated starting device interferes, or is likely to interfere, with supply of electricity to other customers; or\nit is necessary to regulate the power factor of a customer’s electrical installation.\nThe entity may, by written notice to the customer, require the customer to—\nregulate the use of the electrical article; or\nuse or deal with electricity supplied in a stated way; or\nensure a motor installation or starting device connected to a source of electricity supply complies with the requirements of the regulator under section 26 ; or\nensure the power factor of an electrical installation measured over any 30 minutes at the customer’s consumers terminals—\nfor low voltage supply to the customer—\nis at least 0.8 lagging; and\nis not a leading power factor unless the entity agrees; or\nfor high voltage supply to the customer—is within the range stated in the National Electricity Rules , schedule 5.3.5 .\nNational Electricity Rules , schedule 5.3.5 (Power factor requirements)\nThe notice must state when it must be complied with.\nThe notice must be accompanied by or include an information notice about the decision.\n(sec.36-ssec.1) This section applies if, in the distribution entity’s opinion— the use or intended use of an electrical article by a customer unreasonably interferes, or is likely to unreasonably interfere, with the entity’s supply of electricity to other customers; or a customer uses or deals with electricity so the supply of electricity to other customers is, or is likely to be, unreasonably interfered with; or a customer’s motor installation or associated starting device interferes, or is likely to interfere, with supply of electricity to other customers; or it is necessary to regulate the power factor of a customer’s electrical installation.\n(sec.36-ssec.2) The entity may, by written notice to the customer, require the customer to— regulate the use of the electrical article; or use or deal with electricity supplied in a stated way; or ensure a motor installation or starting device connected to a source of electricity supply complies with the requirements of the regulator under section 26 ; or ensure the power factor of an electrical installation measured over any 30 minutes at the customer’s consumers terminals— for low voltage supply to the customer— is at least 0.8 lagging; and is not a leading power factor unless the entity agrees; or for high voltage supply to the customer—is within the range stated in the National Electricity Rules , schedule 5.3.5 . National Electricity Rules , schedule 5.3.5 (Power factor requirements)\n(sec.36-ssec.3) The notice must state when it must be complied with.\n(sec.36-ssec.4) The notice must be accompanied by or include an information notice about the decision.\n- (a) the use or intended use of an electrical article by a customer unreasonably interferes, or is likely to unreasonably interfere, with the entity’s supply of electricity to other customers; or\n- (b) a customer uses or deals with electricity so the supply of electricity to other customers is, or is likely to be, unreasonably interfered with; or\n- (c) a customer’s motor installation or associated starting device interferes, or is likely to interfere, with supply of electricity to other customers; or\n- (d) it is necessary to regulate the power factor of a customer’s electrical installation.\n- (a) regulate the use of the electrical article; or\n- (b) use or deal with electricity supplied in a stated way; or\n- (c) ensure a motor installation or starting device connected to a source of electricity supply complies with the requirements of the regulator under section 26 ; or\n- (d) ensure the power factor of an electrical installation measured over any 30 minutes at the customer’s consumers terminals— (i) for low voltage supply to the customer— (A) is at least 0.8 lagging; and (B) is not a leading power factor unless the entity agrees; or (ii) for high voltage supply to the customer—is within the range stated in the National Electricity Rules , schedule 5.3.5 . Editor’s note— National Electricity Rules , schedule 5.3.5 (Power factor requirements)\n- (i) for low voltage supply to the customer— (A) is at least 0.8 lagging; and (B) is not a leading power factor unless the entity agrees; or\n- (A) is at least 0.8 lagging; and\n- (B) is not a leading power factor unless the entity agrees; or\n- (ii) for high voltage supply to the customer—is within the range stated in the National Electricity Rules , schedule 5.3.5 . Editor’s note— National Electricity Rules , schedule 5.3.5 (Power factor requirements)\n- (i) for low voltage supply to the customer— (A) is at least 0.8 lagging; and (B) is not a leading power factor unless the entity agrees; or\n- (A) is at least 0.8 lagging; and\n- (B) is not a leading power factor unless the entity agrees; or\n- (ii) for high voltage supply to the customer—is within the range stated in the National Electricity Rules , schedule 5.3.5 . Editor’s note— National Electricity Rules , schedule 5.3.5 (Power factor requirements)\n- (A) is at least 0.8 lagging; and\n- (B) is not a leading power factor unless the entity agrees; or","sortOrder":71},{"sectionNumber":"sec.37","sectionType":"section","heading":"Action if notice not complied with","content":"### sec.37 Action if notice not complied with\n\nIf a customer does not comply with a notice under section 36 , the distribution entity may—\nrefuse to provide customer connection services to the customer’s electrical installation until the customer complies with the notice; or\nif the customer agrees to comply with the entity’s requirements—provide the service.\n- (a) refuse to provide customer connection services to the customer’s electrical installation until the customer complies with the notice; or\n- (b) if the customer agrees to comply with the entity’s requirements—provide the service.","sortOrder":72},{"sectionNumber":"ch.3-pt.1-div.2","sectionType":"division","heading":"Meter and control apparatus requirements for premises","content":"## Meter and control apparatus requirements for premises","sortOrder":73},{"sectionNumber":"sec.38","sectionType":"section","heading":"Application of div 2","content":"### sec.38 Application of div 2\n\nThis division applies to the supply of electricity to a particular customer’s premises.\ns 38 sub 2007 SL No. 122 s 8","sortOrder":74},{"sectionNumber":"sec.39","sectionType":"section","heading":"Who is the metering coordinator","content":"### sec.39 Who is the metering coordinator\n\nIn this division, the metering coordinator is the person who, under the National Electricity Rules or a distribution network code, is the party responsible for the metering installation for the premises.\ns 39 sub 2007 SL No. 122 s 8\namd 2014 SL No. 338 s 13 (1)\nsub 2018 SL No. 1 s 5","sortOrder":75},{"sectionNumber":"sec.40","sectionType":"section","heading":"Customer to change electrical installation for meter connection","content":"### sec.40 Customer to change electrical installation for meter connection\n\nThe metering coordinator may require the customer to make changes to the customer’s electrical installation at the premises that are necessary to allow connection of a meter at the premises.\nSubsection (1) does not apply if—\nthe meter is a replacement meter proposed to be installed as part of a new meter deployment by the metering coordinator and the customer has opted out of the new meter deployment under the National Energy Retail Rules , rule 59A ; or\nthe meter is part of a new or replacement type 4 metering installation proposed to be installed by the metering coordinator and the customer has communicated the customer’s refusal of the installation under the National Electricity Rules , rule 7 .8.4(e).\nIn this section—\nnew meter deployment has the meaning given by the National Energy Retail Rules.\ntype 4 metering installation has the meaning given by the National Electricity Rules.\ns 40 sub 2007 SL No. 122 s 8\namd 2014 SL No. 338 s 14 ; 2018 SL No. 1 s 6\n(sec.40-ssec.1) The metering coordinator may require the customer to make changes to the customer’s electrical installation at the premises that are necessary to allow connection of a meter at the premises.\n(sec.40-ssec.2) Subsection (1) does not apply if— the meter is a replacement meter proposed to be installed as part of a new meter deployment by the metering coordinator and the customer has opted out of the new meter deployment under the National Energy Retail Rules , rule 59A ; or the meter is part of a new or replacement type 4 metering installation proposed to be installed by the metering coordinator and the customer has communicated the customer’s refusal of the installation under the National Electricity Rules , rule 7 .8.4(e).\n(sec.40-ssec.3) In this section— new meter deployment has the meaning given by the National Energy Retail Rules. type 4 metering installation has the meaning given by the National Electricity Rules.\n- (a) the meter is a replacement meter proposed to be installed as part of a new meter deployment by the metering coordinator and the customer has opted out of the new meter deployment under the National Energy Retail Rules , rule 59A ; or\n- (b) the meter is part of a new or replacement type 4 metering installation proposed to be installed by the metering coordinator and the customer has communicated the customer’s refusal of the installation under the National Electricity Rules , rule 7 .8.4(e).","sortOrder":76},{"sectionNumber":"sec.41","sectionType":"section","heading":"Customer to provide links connecting meter to incoming supply","content":"### sec.41 Customer to provide links connecting meter to incoming supply\n\nIf the metering coordinator so requires, the customer must provide suitable links for connecting meters to an incoming electricity supply to the premises.\nHowever, the requirement may be made for a single meter only if—\nthe meter is being, or is proposed to be, installed; or\nthe customer is making, or is proposing to make, a substantial change to the meter or a substantial change to the premises that relates to the meter.\nrelocation of the meter\nreplacement of the mounting for the meter\nrewiring of the premises\nThe metering coordinator may seal the links.\ns 41 sub 2007 SL No. 122 s 8\namd 2014 SL No. 338 s 15 ; 2018 SL No. 1 s 7\n(sec.41-ssec.1) If the metering coordinator so requires, the customer must provide suitable links for connecting meters to an incoming electricity supply to the premises.\n(sec.41-ssec.2) However, the requirement may be made for a single meter only if— the meter is being, or is proposed to be, installed; or the customer is making, or is proposing to make, a substantial change to the meter or a substantial change to the premises that relates to the meter. relocation of the meter replacement of the mounting for the meter rewiring of the premises\n(sec.41-ssec.3) The metering coordinator may seal the links.\n- (a) the meter is being, or is proposed to be, installed; or\n- (b) the customer is making, or is proposing to make, a substantial change to the meter or a substantial change to the premises that relates to the meter. Examples— • relocation of the meter • replacement of the mounting for the meter • rewiring of the premises\n- • relocation of the meter\n- • replacement of the mounting for the meter\n- • rewiring of the premises\n- • relocation of the meter\n- • replacement of the mounting for the meter\n- • rewiring of the premises","sortOrder":77},{"sectionNumber":"sec.42","sectionType":"section","heading":"No breaking or interfering with meter seal","content":"### sec.42 No breaking or interfering with meter seal\n\nThis section applies if the metering coordinator has provided a meter or links for the premises and there is a seal on the meter or links.\nA person (the first person ) must not break or interfere with the seal unless the metering coordinator has permitted the first person to do so.\nMaximum penalty—20 penalty units.\ns 42 sub 2007 SL No. 122 s 8\namd 2018 SL No. 1 s 8\n(sec.42-ssec.1) This section applies if the metering coordinator has provided a meter or links for the premises and there is a seal on the meter or links.\n(sec.42-ssec.2) A person (the first person ) must not break or interfere with the seal unless the metering coordinator has permitted the first person to do so. Maximum penalty—20 penalty units.","sortOrder":78},{"sectionNumber":"sec.43","sectionType":"section","heading":"No breaking or interfering with network device seal","content":"### sec.43 No breaking or interfering with network device seal\n\nThis section applies if a distribution entity for the premises has provided a network device for the premises and there is a seal on the device.\nA person must not break or interfere with the seal unless the distribution entity has permitted the person to do so.\nMaximum penalty—20 penalty units.\ns 43 sub 2007 SL No. 122 s 8\namd 2018 SL No. 1 s 9\n(sec.43-ssec.1) This section applies if a distribution entity for the premises has provided a network device for the premises and there is a seal on the device.\n(sec.43-ssec.2) A person must not break or interfere with the seal unless the distribution entity has permitted the person to do so. Maximum penalty—20 penalty units.","sortOrder":79},{"sectionNumber":"sec.44","sectionType":"section","heading":"Placing meter or network device on customer’s premises","content":"### sec.44 Placing meter or network device on customer’s premises\n\nThe customer must, at the customer’s expense—\nprovide at the premises space, housing, mounting and connecting facilities for each meter and network device provided by the metering coordinator or distribution entity for the premises; and\nmaintain the facilities in a safe and sound condition.\nThe facilities must be in a position that meets the reasonable requirements of—\nfor a meter—the metering coordinator; or\nfor a network device—the distribution entity for the premises.\ns 44 sub 2007 SL No. 122 s 8\namd 2014 SL No. 338 s 16 ; 2018 SL No. 1 s 10\n(sec.44-ssec.1) The customer must, at the customer’s expense— provide at the premises space, housing, mounting and connecting facilities for each meter and network device provided by the metering coordinator or distribution entity for the premises; and maintain the facilities in a safe and sound condition.\n(sec.44-ssec.2) The facilities must be in a position that meets the reasonable requirements of— for a meter—the metering coordinator; or for a network device—the distribution entity for the premises.\n- (a) provide at the premises space, housing, mounting and connecting facilities for each meter and network device provided by the metering coordinator or distribution entity for the premises; and\n- (b) maintain the facilities in a safe and sound condition.\n- (a) for a meter—the metering coordinator; or\n- (b) for a network device—the distribution entity for the premises.","sortOrder":80},{"sectionNumber":"sec.45","sectionType":"section","heading":"Change of placement if building changes or works","content":"### sec.45 Change of placement if building changes or works\n\nThis section applies if, because of building changes or similar works, the position of a meter or a network device at the premises no longer meets requirements made under section 44 (2) .\nThe customer must, at the customer’s expense—\nprovide space, housing, mounting and connecting facilities in another position at the premises that meets the reasonable requirements of—\nfor the meter—the metering coordinator; or\nfor the network device—the distribution entity for the premises; and\narrange for relocation to the other position by—\nfor the meter—the metering coordinator; or\nfor the network device—the distribution entity.\ns 45 sub 2007 SL No. 122 s 8\namd 2014 SL No. 338 s 17 ; 2018 SL No. 1 s 11\n(sec.45-ssec.1) This section applies if, because of building changes or similar works, the position of a meter or a network device at the premises no longer meets requirements made under section 44 (2) .\n(sec.45-ssec.2) The customer must, at the customer’s expense— provide space, housing, mounting and connecting facilities in another position at the premises that meets the reasonable requirements of— for the meter—the metering coordinator; or for the network device—the distribution entity for the premises; and arrange for relocation to the other position by— for the meter—the metering coordinator; or for the network device—the distribution entity.\n- (a) provide space, housing, mounting and connecting facilities in another position at the premises that meets the reasonable requirements of— (i) for the meter—the metering coordinator; or (ii) for the network device—the distribution entity for the premises; and\n- (i) for the meter—the metering coordinator; or\n- (ii) for the network device—the distribution entity for the premises; and\n- (b) arrange for relocation to the other position by— (i) for the meter—the metering coordinator; or (ii) for the network device—the distribution entity.\n- (i) for the meter—the metering coordinator; or\n- (ii) for the network device—the distribution entity.\n- (i) for the meter—the metering coordinator; or\n- (ii) for the network device—the distribution entity for the premises; and\n- (i) for the meter—the metering coordinator; or\n- (ii) for the network device—the distribution entity.","sortOrder":81},{"sectionNumber":"sec.46","sectionType":"section","heading":"Customers to provide safe access","content":"### sec.46 Customers to provide safe access\n\nThis section applies if the customer does not provide safe access at any reasonable time to read a meter and install, test, maintain or take away the supplier’s works without hindrance or obstruction to—\nthe distribution entity for the premises, a special approval holder, the metering coordinator or the customer’s retailer (the relevant entity ); or\nan electricity officer of a relevant entity; or\na person authorised by a relevant entity.\nThe relevant entity may, by written notice to the customer, require the customer to provide the access within a stated period of at least 1 month.\nIf the customer does not comply with the notice, the relevant entity may install alternative metering or other equipment to enable consumption to be measured by remote or other suitable ways.\nSubsection (3) does not limit or otherwise affect another remedy the relevant entity has against the customer.\nThe relevant entity may recover from the customer as a debt its costs reasonably incurred in acting under subsection (3) .\ns 46 sub 2007 SL No. 122 s 8\namd 2018 SL No. 1 s 12\n(sec.46-ssec.1) This section applies if the customer does not provide safe access at any reasonable time to read a meter and install, test, maintain or take away the supplier’s works without hindrance or obstruction to— the distribution entity for the premises, a special approval holder, the metering coordinator or the customer’s retailer (the relevant entity ); or an electricity officer of a relevant entity; or a person authorised by a relevant entity.\n(sec.46-ssec.2) The relevant entity may, by written notice to the customer, require the customer to provide the access within a stated period of at least 1 month.\n(sec.46-ssec.3) If the customer does not comply with the notice, the relevant entity may install alternative metering or other equipment to enable consumption to be measured by remote or other suitable ways.\n(sec.46-ssec.4) Subsection (3) does not limit or otherwise affect another remedy the relevant entity has against the customer.\n(sec.46-ssec.5) The relevant entity may recover from the customer as a debt its costs reasonably incurred in acting under subsection (3) .\n- (a) the distribution entity for the premises, a special approval holder, the metering coordinator or the customer’s retailer (the relevant entity ); or\n- (b) an electricity officer of a relevant entity; or\n- (c) a person authorised by a relevant entity.","sortOrder":82},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 om 2007 SL No. 122 s 8","sortOrder":83},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 om 2007 SL No. 122 s 8","sortOrder":84},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 om 2007 SL No. 122 s 8","sortOrder":85},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 om 2007 SL No. 122 s 8","sortOrder":86},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 om 2007 SL No. 122 s 8","sortOrder":87},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 om 2007 SL No. 122 s 8","sortOrder":88},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 om 2007 SL No. 122 s 8","sortOrder":89},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 om 2007 SL No. 122 s 8","sortOrder":90},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 om 2007 SL No. 122 s 8","sortOrder":91},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 om 2007 SL No. 122 s 8","sortOrder":92},{"sectionNumber":"ch.3-pt.1-div.3","sectionType":"division","heading":"Substations on customers’ premises","content":"## Substations on customers’ premises","sortOrder":93},{"sectionNumber":"sec.57","sectionType":"section","heading":"Application of div 3","content":"### sec.57 Application of div 3\n\nThis division applies if the supply of electricity required by customers in premises is more than, or is reasonably estimated by the distribution entity to be more than, a total maximum demand of 100kV.A worked out under the wiring rules.\nThis division also applies to supply of electricity to customers in premises if the regulator, in special circumstances, approves its application.\n(sec.57-ssec.1) This division applies if the supply of electricity required by customers in premises is more than, or is reasonably estimated by the distribution entity to be more than, a total maximum demand of 100kV.A worked out under the wiring rules.\n(sec.57-ssec.2) This division also applies to supply of electricity to customers in premises if the regulator, in special circumstances, approves its application.","sortOrder":94},{"sectionNumber":"sec.58","sectionType":"section","heading":"Meaning of owner in div 3","content":"### sec.58 Meaning of owner in div 3\n\nIn this division—\nowner , of premises, includes a person who is the proprietor, lessee or occupier of the premises or part of the premises.","sortOrder":95},{"sectionNumber":"sec.59","sectionType":"section","heading":"Owner to provide space for substation","content":"### sec.59 Owner to provide space for substation\n\nThis section applies if, to meet an existing or likely demand for supply of electricity by customers who are, or in the future may be, in premises, the distribution entity reasonably considers it is necessary to install a substation on the premises.\nThe entity may require the owner of the premises to—\nprovide, free of cost to the entity, the space for a substation; and\ngive a right of way to the entity for its electric lines and cables to and from the substation; and\nprovide to the entity, or persons authorised by it, access to the entity’s equipment on the premises at all times to allow the entity to install, maintain or take away its equipment without hindrance or obstruction.\nThe owner must also provide permanent handling facilities, segregated access passageways or ventilating ducts if they are needed because of the location the owner proposes to provide for the substation.\nAn owner who provides space for a substation under this section must—\nmaintain the floor or foundation, walls or enclosure, ceiling and access door of the space in sound condition; and\nrepair damage to or deterioration of the space, other than damage or deterioration directly attributable to the use of the space by the entity.\nRepairs must be done within the time and to the extent reasonably directed by the entity.\nIf the owner does not comply with subsection (4) , the entity may—\ndo anything necessary to carry out the maintenance or repair; and\nrecover from the owner as a debt the reasonable costs of anything done by the entity under paragraph (a) .\nIn this section—\nspace , for a substation, means—\nnecessary or suitable floor or foundation, walls or enclosure, ceiling and access doors in the part of the premises where the substation is to be located and installed, with the walls or enclosure, ceiling and access doors being suitably painted; and\nnecessary or suitable places for entry and exit of electric lines and cables for the substation; and\nif required by the distribution entity—suitable lighting and general power outlets.\n(sec.59-ssec.1) This section applies if, to meet an existing or likely demand for supply of electricity by customers who are, or in the future may be, in premises, the distribution entity reasonably considers it is necessary to install a substation on the premises.\n(sec.59-ssec.2) The entity may require the owner of the premises to— provide, free of cost to the entity, the space for a substation; and give a right of way to the entity for its electric lines and cables to and from the substation; and provide to the entity, or persons authorised by it, access to the entity’s equipment on the premises at all times to allow the entity to install, maintain or take away its equipment without hindrance or obstruction.\n(sec.59-ssec.3) The owner must also provide permanent handling facilities, segregated access passageways or ventilating ducts if they are needed because of the location the owner proposes to provide for the substation.\n(sec.59-ssec.4) An owner who provides space for a substation under this section must— maintain the floor or foundation, walls or enclosure, ceiling and access door of the space in sound condition; and repair damage to or deterioration of the space, other than damage or deterioration directly attributable to the use of the space by the entity.\n(sec.59-ssec.5) Repairs must be done within the time and to the extent reasonably directed by the entity.\n(sec.59-ssec.6) If the owner does not comply with subsection (4) , the entity may— do anything necessary to carry out the maintenance or repair; and recover from the owner as a debt the reasonable costs of anything done by the entity under paragraph (a) .\n(sec.59-ssec.7) In this section— space , for a substation, means— necessary or suitable floor or foundation, walls or enclosure, ceiling and access doors in the part of the premises where the substation is to be located and installed, with the walls or enclosure, ceiling and access doors being suitably painted; and necessary or suitable places for entry and exit of electric lines and cables for the substation; and if required by the distribution entity—suitable lighting and general power outlets.\n- (a) provide, free of cost to the entity, the space for a substation; and\n- (b) give a right of way to the entity for its electric lines and cables to and from the substation; and\n- (c) provide to the entity, or persons authorised by it, access to the entity’s equipment on the premises at all times to allow the entity to install, maintain or take away its equipment without hindrance or obstruction.\n- (a) maintain the floor or foundation, walls or enclosure, ceiling and access door of the space in sound condition; and\n- (b) repair damage to or deterioration of the space, other than damage or deterioration directly attributable to the use of the space by the entity.\n- (a) do anything necessary to carry out the maintenance or repair; and\n- (b) recover from the owner as a debt the reasonable costs of anything done by the entity under paragraph (a) .\n- (a) necessary or suitable floor or foundation, walls or enclosure, ceiling and access doors in the part of the premises where the substation is to be located and installed, with the walls or enclosure, ceiling and access doors being suitably painted; and\n- (b) necessary or suitable places for entry and exit of electric lines and cables for the substation; and\n- (c) if required by the distribution entity—suitable lighting and general power outlets.","sortOrder":96},{"sectionNumber":"sec.60","sectionType":"section","heading":"Supply to other customers from substation","content":"### sec.60 Supply to other customers from substation\n\nA distribution entity may only use an electric line or equipment installed by it on premises under this division for providing customer connection services to customers outside the premises if the owner of the premises agrees.\nIf the agreement is given, it continues in force while the substation is still being used to supply electricity to the premises.\nSubsection (2) applies even if the total maximum demand for the electricity is less than the amount mentioned in section 57 (1) .\n(sec.60-ssec.1) A distribution entity may only use an electric line or equipment installed by it on premises under this division for providing customer connection services to customers outside the premises if the owner of the premises agrees.\n(sec.60-ssec.2) If the agreement is given, it continues in force while the substation is still being used to supply electricity to the premises.\n(sec.60-ssec.3) Subsection (2) applies even if the total maximum demand for the electricity is less than the amount mentioned in section 57 (1) .","sortOrder":97},{"sectionNumber":"sec.61","sectionType":"section","heading":"Limitation of compensation","content":"### sec.61 Limitation of compensation\n\nUnless agreed between the owner and the distribution entity, an owner of premises for a substation is not entitled to compensation from the distribution entity for—\nthe installation of the substation; or\ncomplying with a requirement under section 59 ; or\ncarrying out an obligation imposed on the owner under section 59 ; or\nagreeing under section 60 for the substation to be used for the purpose of supplying customers outside the premises, other than reasonable compensation for any additional space, over and above the space used to supply customers on the premises, occupied by the substation for that purpose.\n- (a) the installation of the substation; or\n- (b) complying with a requirement under section 59 ; or\n- (c) carrying out an obligation imposed on the owner under section 59 ; or\n- (d) agreeing under section 60 for the substation to be used for the purpose of supplying customers outside the premises, other than reasonable compensation for any additional space, over and above the space used to supply customers on the premises, occupied by the substation for that purpose.","sortOrder":98},{"sectionNumber":"sec.62","sectionType":"section","heading":"Taking away distribution entity’s equipment","content":"### sec.62 Taking away distribution entity’s equipment\n\nIf supply of electricity to an owner’s premises is no longer needed, the distribution entity must, within a reasonable period, take away, at its own cost, its electric lines, cables and equipment from the premises if the owner asks.\nSubsection (3) applies if the electric lines, cables and equipment are, under section 60 , used to supply electricity to customers not on the premises.\nIn deciding what is a reasonable period for subsection (1) , regard must be had to whether the period is enough to allow the distribution entity to provide an alternative supply of electricity to the customers mentioned in subsection (2) .\n(sec.62-ssec.1) If supply of electricity to an owner’s premises is no longer needed, the distribution entity must, within a reasonable period, take away, at its own cost, its electric lines, cables and equipment from the premises if the owner asks.\n(sec.62-ssec.2) Subsection (3) applies if the electric lines, cables and equipment are, under section 60 , used to supply electricity to customers not on the premises.\n(sec.62-ssec.3) In deciding what is a reasonable period for subsection (1) , regard must be had to whether the period is enough to allow the distribution entity to provide an alternative supply of electricity to the customers mentioned in subsection (2) .","sortOrder":99},{"sectionNumber":"ch.3-pt.1-div.4","sectionType":"division","heading":null,"content":"","sortOrder":100},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns 63 amd 2007 SL No. 122 s 10 ; 2010 SL No. 116 s 7\nom 2014 SL No. 338 s 18","sortOrder":101},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns 64 sub 2007 SL No. 122 s 11\nom 2014 SL No. 338 s 18","sortOrder":102},{"sectionNumber":"sec.65","sectionType":"section","heading":null,"content":"### Section sec.65\n\ns 65 amd 2007 SL No. 122 s 12\nom 2014 SL No. 338 s 18","sortOrder":103},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns 66 amd 2007 SL No. 122 s 13\nom 2014 SL No. 338 s 18","sortOrder":104},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":105},{"sectionNumber":"sec.67","sectionType":"section","heading":null,"content":"### Section sec.67\n\ns 67 sub 2007 SL No. 122 s 15\nom 2014 SL No. 338 s 19","sortOrder":106},{"sectionNumber":"sec.68","sectionType":"section","heading":null,"content":"### Section sec.68\n\ns 68 om 2007 SL No. 122 s 15","sortOrder":107},{"sectionNumber":"sec.69","sectionType":"section","heading":null,"content":"### Section sec.69\n\ns 69 om 2007 SL No. 122 s 15","sortOrder":108},{"sectionNumber":"sec.70","sectionType":"section","heading":null,"content":"### Section sec.70\n\ns 70 om 2007 SL No. 122 s 15","sortOrder":109},{"sectionNumber":"sec.71","sectionType":"section","heading":null,"content":"### Section sec.71\n\ns 71 amd 2007 SL No. 122 s 16\nom 2014 SL No. 338 s 19","sortOrder":110},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":111},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":112},{"sectionNumber":"sec.72","sectionType":"section","heading":null,"content":"### Section sec.72\n\ns 72 sub 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":113},{"sectionNumber":"sec.73","sectionType":"section","heading":null,"content":"### Section sec.73\n\ns 73 sub 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":114},{"sectionNumber":"sec.74","sectionType":"section","heading":null,"content":"### Section sec.74\n\ns 74 sub 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":115},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns 75 sub 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":116},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 sub 2007 SL No. 122 s 17\namd 2008 SL No. 194 s 3\nsub 2010 SL No. 337 s 3\namd 2011 SL No. 42 s 3\nom 2014 SL No. 338 s 20","sortOrder":117},{"sectionNumber":"sec.76A","sectionType":"section","heading":null,"content":"### Section sec.76A\n\ns 76A ins 2010 SL No. 337 s 3\namd 2011 SL No. 42 s 4\nom 2014 SL No. 338 s 20","sortOrder":118},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 sub 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":119},{"sectionNumber":"ch.3-pt.3-div.1A","sectionType":"division","heading":null,"content":"","sortOrder":120},{"sectionNumber":"sec.77A","sectionType":"section","heading":null,"content":"### Section sec.77A\n\ns 77A ins 2010 SL No. 337 s 4\nom 2014 SL No. 338 s 20","sortOrder":121},{"sectionNumber":"sec.77B","sectionType":"section","heading":null,"content":"### Section sec.77B\n\ns 77B ins 2010 SL No. 337 s 4\nom 2014 SL No. 338 s 20","sortOrder":122},{"sectionNumber":"sec.77C","sectionType":"section","heading":null,"content":"### Section sec.77C\n\ns 77C ins 2010 SL No. 337 s 4\nom 2014 SL No. 338 s 20","sortOrder":123},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":124},{"sectionNumber":"sec.78","sectionType":"section","heading":null,"content":"### Section sec.78\n\ns 78 sub 2007 SL No. 122 s 17\namd 2010 SL No. 337 s 5\nom 2014 SL No. 338 s 20","sortOrder":125},{"sectionNumber":"sec.79","sectionType":"section","heading":null,"content":"### Section sec.79\n\ns 79 sub 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":126},{"sectionNumber":"sec.80","sectionType":"section","heading":null,"content":"### Section sec.80\n\ns 80 sub 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":127},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 sub 2007 SL No. 122 s 17 ; 2010 SL No. 337 s 6\nom 2014 SL No. 338 s 20","sortOrder":128},{"sectionNumber":"sec.82","sectionType":"section","heading":null,"content":"### Section sec.82\n\ns 82 sub 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":129},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns 83 sub 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":130},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 sub 2007 SL No. 122 s 17\namd 2008 SL No. 193 s 5 ; 2010 SL No. 116 s 8 ; 2013 SL No. 105 s 4\nom 2014 SL No. 338 s 20","sortOrder":131},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 sub 2007 SL No. 122 s 17\nom 2010 SL No. 337 s 7","sortOrder":132},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 sub 2007 SL No. 122 s 17\namd 2009 SL No. 83 s 3\nom 2014 SL No. 338 s 20","sortOrder":133},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 sub 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":134},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":135},{"sectionNumber":"sec.87A","sectionType":"section","heading":null,"content":"### Section sec.87A\n\ns 87A ins 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":136},{"sectionNumber":"sec.87B","sectionType":"section","heading":null,"content":"### Section sec.87B\n\ns 87B ins 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":137},{"sectionNumber":"sec.87C","sectionType":"section","heading":null,"content":"### Section sec.87C\n\ns 87C ins 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":138},{"sectionNumber":"sec.87D","sectionType":"section","heading":null,"content":"### Section sec.87D\n\ns 87D ins 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":139},{"sectionNumber":"sec.87E","sectionType":"section","heading":null,"content":"### Section sec.87E\n\ns 87E ins 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":140},{"sectionNumber":"sec.87F","sectionType":"section","heading":null,"content":"### Section sec.87F\n\ns 87F ins 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":141},{"sectionNumber":"ch.3-pt.3-div.3A","sectionType":"division","heading":null,"content":"","sortOrder":142},{"sectionNumber":"sec.87FA","sectionType":"section","heading":null,"content":"### Section sec.87FA\n\ns 87FA ins 2010 SL No. 337 s 8\nom 2014 SL No. 338 s 20","sortOrder":143},{"sectionNumber":"sec.87FB","sectionType":"section","heading":null,"content":"### Section sec.87FB\n\ns 87FB ins 2010 SL No. 337 s 8\nom 2014 SL No. 338 s 20","sortOrder":144},{"sectionNumber":"sec.87FC","sectionType":"section","heading":null,"content":"### Section sec.87FC\n\ns 87FC ins 2010 SL No. 337 s 8\nom 2014 SL No. 338 s 20","sortOrder":145},{"sectionNumber":"sec.87FD","sectionType":"section","heading":null,"content":"### Section sec.87FD\n\ns 87FD ins 2010 SL No. 337 s 8\nom 2014 SL No. 338 s 20","sortOrder":146},{"sectionNumber":"ch.3-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":147},{"sectionNumber":"sec.87G","sectionType":"section","heading":null,"content":"### Section sec.87G\n\ns 87G ins 2007 SL No. 122 s 17\nom 2014 SL No. 338 s 20","sortOrder":148},{"sectionNumber":"sec.87GA","sectionType":"section","heading":null,"content":"### Section sec.87GA\n\ns 87GA ins 2010 SL No. 337 s 9\nom 2014 SL No. 338 s 20","sortOrder":149},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Disputes about what is fair and reasonable","content":"# Disputes about what is fair and reasonable","sortOrder":150},{"sectionNumber":"sec.88","sectionType":"section","heading":"Dispute resolution","content":"### sec.88 Dispute resolution\n\nThis section applies if—\nthe Act or this regulation requires an electricity entity to do something on—\nfair and reasonable terms; or\na fair and reasonable basis; and\nthere is a dispute about fairness or reasonableness; and\nthe dispute is not—\nan access dispute under the Queensland Competition Authority Act 1997 , section 112 (2) ; or\na dispute that may be the subject of a dispute referral to the energy and water ombudsman under the Energy and Water Ombudsman Act 2006 .\nA party to the dispute may ask QCA to resolve the dispute.\nQCA may—\ngive instructions about procedures the parties must follow to attempt to resolve the dispute before QCA takes steps to resolve it; or\nrequire a party to give QCA information QCA considers necessary to enable the dispute to be resolved.\nQCA must give each party a reasonable opportunity to make representations before making the decision.\nAfter considering any representations, QCA must decide the issue in dispute.\nQCA must give the parties a QCAT information notice about the decision.\ns 88 amd 2007 SL No. 122 s 18 ; 2009 Act No. 24 s 452 ; 2010 Act No. 53 s 258 sch 2 ; 2014 SL No. 338 s 21\n(sec.88-ssec.1) This section applies if— the Act or this regulation requires an electricity entity to do something on— fair and reasonable terms; or a fair and reasonable basis; and there is a dispute about fairness or reasonableness; and the dispute is not— an access dispute under the Queensland Competition Authority Act 1997 , section 112 (2) ; or a dispute that may be the subject of a dispute referral to the energy and water ombudsman under the Energy and Water Ombudsman Act 2006 .\n(sec.88-ssec.2) A party to the dispute may ask QCA to resolve the dispute.\n(sec.88-ssec.3) QCA may— give instructions about procedures the parties must follow to attempt to resolve the dispute before QCA takes steps to resolve it; or require a party to give QCA information QCA considers necessary to enable the dispute to be resolved.\n(sec.88-ssec.4) QCA must give each party a reasonable opportunity to make representations before making the decision.\n(sec.88-ssec.5) After considering any representations, QCA must decide the issue in dispute.\n(sec.88-ssec.6) QCA must give the parties a QCAT information notice about the decision.\n- (a) the Act or this regulation requires an electricity entity to do something on— (i) fair and reasonable terms; or (ii) a fair and reasonable basis; and\n- (i) fair and reasonable terms; or\n- (ii) a fair and reasonable basis; and\n- (b) there is a dispute about fairness or reasonableness; and\n- (c) the dispute is not— (i) an access dispute under the Queensland Competition Authority Act 1997 , section 112 (2) ; or (ii) a dispute that may be the subject of a dispute referral to the energy and water ombudsman under the Energy and Water Ombudsman Act 2006 .\n- (i) an access dispute under the Queensland Competition Authority Act 1997 , section 112 (2) ; or\n- (ii) a dispute that may be the subject of a dispute referral to the energy and water ombudsman under the Energy and Water Ombudsman Act 2006 .\n- (i) fair and reasonable terms; or\n- (ii) a fair and reasonable basis; and\n- (i) an access dispute under the Queensland Competition Authority Act 1997 , section 112 (2) ; or\n- (ii) a dispute that may be the subject of a dispute referral to the energy and water ombudsman under the Energy and Water Ombudsman Act 2006 .\n- (a) give instructions about procedures the parties must follow to attempt to resolve the dispute before QCA takes steps to resolve it; or\n- (b) require a party to give QCA information QCA considers necessary to enable the dispute to be resolved.","sortOrder":151},{"sectionNumber":"sec.89","sectionType":"section","heading":"QCA may seek advice or information","content":"### sec.89 QCA may seek advice or information\n\nThis section applies if, under section 88 (2) , QCA has been asked to resolve a dispute.\nTo help resolve the dispute, QCA may seek advice or information from any other person.\nQCA may take the advice or information into account in resolving the dispute.\nIf QCA seeks information or advice or takes into account advice or information QCA has been given for any other dispute, QCA must—\nif the advice or information is written—give a copy of it to the parties; or\nif the advice or information is oral—disclose the substance of the advice to the parties.\ns 89 amd 2007 SL No. 122 s 19\n(sec.89-ssec.1) This section applies if, under section 88 (2) , QCA has been asked to resolve a dispute.\n(sec.89-ssec.2) To help resolve the dispute, QCA may seek advice or information from any other person.\n(sec.89-ssec.3) QCA may take the advice or information into account in resolving the dispute.\n(sec.89-ssec.4) If QCA seeks information or advice or takes into account advice or information QCA has been given for any other dispute, QCA must— if the advice or information is written—give a copy of it to the parties; or if the advice or information is oral—disclose the substance of the advice to the parties.\n- (a) if the advice or information is written—give a copy of it to the parties; or\n- (b) if the advice or information is oral—disclose the substance of the advice to the parties.","sortOrder":152},{"sectionNumber":"sec.90","sectionType":"section","heading":"Parties to maintain secrecy of advice or information","content":"### sec.90 Parties to maintain secrecy of advice or information\n\nThis section applies if under section 89 (4) QCA gives advice or information, or discloses the substance of advice or information, to a person who is a party to the dispute.\nThe person must not disclose the advice or information to another person unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIt is a reasonable excuse for a person to disclose the advice or information if the disclosure is for—\nthe resolution of the dispute; or\nan external review of QCA’s decision on the dispute.\ns 90 amd 2007 SL No. 122 s 20 ; 2009 Act No. 24 s 453\n(sec.90-ssec.1) This section applies if under section 89 (4) QCA gives advice or information, or discloses the substance of advice or information, to a person who is a party to the dispute.\n(sec.90-ssec.2) The person must not disclose the advice or information to another person unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.90-ssec.3) It is a reasonable excuse for a person to disclose the advice or information if the disclosure is for— the resolution of the dispute; or an external review of QCA’s decision on the dispute.\n- (a) the resolution of the dispute; or\n- (b) an external review of QCA’s decision on the dispute.","sortOrder":153},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":154},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 om 2007 SL No. 122 s 21","sortOrder":155},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Electricity restrictions","content":"# Electricity restrictions","sortOrder":156},{"sectionNumber":"ch.3-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":157},{"sectionNumber":"sec.92","sectionType":"section","heading":"Purpose of pt 6","content":"### sec.92 Purpose of pt 6\n\nThe purpose of this part is ensure a regular, economically efficient and constant supply of electricity within the available supply capacity of particular supply networks, or parts of them.","sortOrder":158},{"sectionNumber":"ch.3-pt.6-div.2","sectionType":"division","heading":"Restrictions in Ergon Energy distribution area","content":"## Restrictions in Ergon Energy distribution area","sortOrder":159},{"sectionNumber":"sec.93","sectionType":"section","heading":"Where restrictions apply","content":"### sec.93 Where restrictions apply\n\nThe electricity restrictions under section 94 apply to electricity supplied by Ergon Energy in the localities mentioned in schedule 1 through its supply network.","sortOrder":160},{"sectionNumber":"sec.94","sectionType":"section","heading":"Restrictions","content":"### sec.94 Restrictions\n\nThe use of the following electrical articles by customers is prohibited—\nelectric motors with a rating greater than—\nthe rating stated for the relevant locality in schedule 1 ; and\nif the motor is not installed and operated in accordance with the guidelines published by Ergon Energy—1.5kW;\nThe guidelines are available from the Ergon Energy offices at 109 Lake Street, Cairns, 34–46 Dalrymple Road, Garbutt, Townsville and the corner of Fitzroy Street and Alma Street, Rockhampton.\ninstantaneous water heaters with a rating of more than 2.4kW;\nwelding power sources.\nSubsection (1) does not apply—\nto the following welding power sources—\n415V, 3-phase input light industrial welding power sources;\n250V, single-phase limited input welding power sources; or\nto electric motors that are part of a public water supply system or a community sewerage system installed and operated in the way required by Ergon Energy; or\nto electrical articles at Mapoon installed before 1 December 1998; or\nif the customer satisfies Ergon Energy, by the written advice of a doctor, that a stated electrical article must be used to reduce a threat to a person’s life.\nIn this section—\ninstantaneous water heater means an instantaneous water heater described in—\nAS/NZS 3350.2.35:1999—Safety of household and similar electrical appliances, part 2.35—Particular requirements— Instantaneous water heaters ; or\nAS/NZS 60335.2.35:2004—Household and similar electrical appliances—Safety, part 2.35—Particular requirements for instantaneous water heaters .\nwelding power source means an electric arc welding power source that has—\na transformer for alternating current welding; or\na transformer-rectifier unit for direct current, or alternating current and direct current, welding.\ns 94 amd 2009 SL No. 172 s 5\n(sec.94-ssec.1) The use of the following electrical articles by customers is prohibited— electric motors with a rating greater than— the rating stated for the relevant locality in schedule 1 ; and if the motor is not installed and operated in accordance with the guidelines published by Ergon Energy—1.5kW; The guidelines are available from the Ergon Energy offices at 109 Lake Street, Cairns, 34–46 Dalrymple Road, Garbutt, Townsville and the corner of Fitzroy Street and Alma Street, Rockhampton. instantaneous water heaters with a rating of more than 2.4kW; welding power sources.\n(sec.94-ssec.2) Subsection (1) does not apply— to the following welding power sources— 415V, 3-phase input light industrial welding power sources; 250V, single-phase limited input welding power sources; or to electric motors that are part of a public water supply system or a community sewerage system installed and operated in the way required by Ergon Energy; or to electrical articles at Mapoon installed before 1 December 1998; or if the customer satisfies Ergon Energy, by the written advice of a doctor, that a stated electrical article must be used to reduce a threat to a person’s life.\n(sec.94-ssec.3) In this section— instantaneous water heater means an instantaneous water heater described in— AS/NZS 3350.2.35:1999—Safety of household and similar electrical appliances, part 2.35—Particular requirements— Instantaneous water heaters ; or AS/NZS 60335.2.35:2004—Household and similar electrical appliances—Safety, part 2.35—Particular requirements for instantaneous water heaters . welding power source means an electric arc welding power source that has— a transformer for alternating current welding; or a transformer-rectifier unit for direct current, or alternating current and direct current, welding.\n- (a) electric motors with a rating greater than— (i) the rating stated for the relevant locality in schedule 1 ; and (ii) if the motor is not installed and operated in accordance with the guidelines published by Ergon Energy—1.5kW; Editor’s note— The guidelines are available from the Ergon Energy offices at 109 Lake Street, Cairns, 34–46 Dalrymple Road, Garbutt, Townsville and the corner of Fitzroy Street and Alma Street, Rockhampton.\n- (i) the rating stated for the relevant locality in schedule 1 ; and\n- (ii) if the motor is not installed and operated in accordance with the guidelines published by Ergon Energy—1.5kW; Editor’s note— The guidelines are available from the Ergon Energy offices at 109 Lake Street, Cairns, 34–46 Dalrymple Road, Garbutt, Townsville and the corner of Fitzroy Street and Alma Street, Rockhampton.\n- (b) instantaneous water heaters with a rating of more than 2.4kW;\n- (c) welding power sources.\n- (i) the rating stated for the relevant locality in schedule 1 ; and\n- (ii) if the motor is not installed and operated in accordance with the guidelines published by Ergon Energy—1.5kW; Editor’s note— The guidelines are available from the Ergon Energy offices at 109 Lake Street, Cairns, 34–46 Dalrymple Road, Garbutt, Townsville and the corner of Fitzroy Street and Alma Street, Rockhampton.\n- (a) to the following welding power sources— (i) 415V, 3-phase input light industrial welding power sources; (ii) 250V, single-phase limited input welding power sources; or\n- (i) 415V, 3-phase input light industrial welding power sources;\n- (ii) 250V, single-phase limited input welding power sources; or\n- (b) to electric motors that are part of a public water supply system or a community sewerage system installed and operated in the way required by Ergon Energy; or\n- (c) to electrical articles at Mapoon installed before 1 December 1998; or\n- (d) if the customer satisfies Ergon Energy, by the written advice of a doctor, that a stated electrical article must be used to reduce a threat to a person’s life.\n- (i) 415V, 3-phase input light industrial welding power sources;\n- (ii) 250V, single-phase limited input welding power sources; or\n- (a) AS/NZS 3350.2.35:1999—Safety of household and similar electrical appliances, part 2.35—Particular requirements— Instantaneous water heaters ; or\n- (b) AS/NZS 60335.2.35:2004—Household and similar electrical appliances—Safety, part 2.35—Particular requirements for instantaneous water heaters .\n- (a) a transformer for alternating current welding; or\n- (b) a transformer-rectifier unit for direct current, or alternating current and direct current, welding.","sortOrder":161},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":162},{"sectionNumber":"ch.3-pt.7-div.1","sectionType":"division","heading":null,"content":"","sortOrder":163},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":164},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":165},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":166},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":167},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":168},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":169},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":170},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":171},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":172},{"sectionNumber":"ch.3-pt.7-div.2","sectionType":"division","heading":null,"content":"","sortOrder":173},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":174},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 sub 2007 SL No. 122 s 22\namd 2008 SL No. 193 s 6 ; 2009 SL No. 83 s 4\nom 2011 Act No. 29 s 15","sortOrder":175},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":176},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":177},{"sectionNumber":"ch.3-pt.7-div.3","sectionType":"division","heading":null,"content":"","sortOrder":178},{"sectionNumber":"sec.108","sectionType":"section","heading":null,"content":"### Section sec.108\n\ns 108 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":179},{"sectionNumber":"sec.109","sectionType":"section","heading":null,"content":"### Section sec.109\n\ns 109 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":180},{"sectionNumber":"sec.110","sectionType":"section","heading":null,"content":"### Section sec.110\n\ns 110 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":181},{"sectionNumber":"sec.111","sectionType":"section","heading":null,"content":"### Section sec.111\n\ns 111 sub 2007 SL No. 122 s 22\nom 2011 Act No. 29 s 15","sortOrder":182},{"sectionNumber":"sec.112","sectionType":"section","heading":null,"content":"### Section sec.112\n\ns 112 om 2007 SL No. 122 s 22","sortOrder":183},{"sectionNumber":"ch.3-pt.7-div.4","sectionType":"division","heading":null,"content":"","sortOrder":184},{"sectionNumber":"sec.113","sectionType":"section","heading":null,"content":"### Section sec.113\n\ns 113 om 2007 SL No. 122 s 22","sortOrder":185},{"sectionNumber":"sec.114","sectionType":"section","heading":null,"content":"### Section sec.114\n\ns 114 om 2007 SL No. 122 s 22","sortOrder":186},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 om 2007 SL No. 122 s 22","sortOrder":187},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 om 2007 SL No. 122 s 22","sortOrder":188},{"sectionNumber":"ch.3-pt.7-div.5","sectionType":"division","heading":null,"content":"","sortOrder":189},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns 117 om 2007 SL No. 122 s 22","sortOrder":190},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"System and network control","content":"# System and network control","sortOrder":191},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Operating electrical installations","content":"## Operating electrical installations","sortOrder":192},{"sectionNumber":"sec.118","sectionType":"section","heading":"National Electricity Rules to be followed","content":"### sec.118 National Electricity Rules to be followed\n\nA person must comply with the National Electricity Rules in operating an electrical installation if the installation—\nis connected directly to a transmission grid that is part of the Queensland system; or\nis connected to a part of a supply network stated by AEMO or the System Operator for Queensland to be relevant to the security and reliability of the Queensland system; or\nincludes facilities for the provision of ancillary services stated by AEMO or the System Operator for Queensland to be relevant to the security and reliability or the economic operation of the Queensland system.\nMaximum penalty—20 penalty units.\ns 118 amd 2014 SL No. 338 s 22\n- (a) is connected directly to a transmission grid that is part of the Queensland system; or\n- (b) is connected to a part of a supply network stated by AEMO or the System Operator for Queensland to be relevant to the security and reliability of the Queensland system; or\n- (c) includes facilities for the provision of ancillary services stated by AEMO or the System Operator for Queensland to be relevant to the security and reliability or the economic operation of the Queensland system.","sortOrder":193},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Network control","content":"## Network control","sortOrder":194},{"sectionNumber":"sec.119","sectionType":"section","heading":"Network operation not to interfere with Queensland system","content":"### sec.119 Network operation not to interfere with Queensland system\n\nA distribution entity must not operate its supply network in a way that interferes with the performance of the Queensland system without the agreement of AEMO or the System Operator for Queensland.\nMaximum penalty—20 penalty units.\nIn this section—\noperate includes providing network control.\ns 119 amd 2014 SL No. 338 s 23\n(sec.119-ssec.1) A distribution entity must not operate its supply network in a way that interferes with the performance of the Queensland system without the agreement of AEMO or the System Operator for Queensland. Maximum penalty—20 penalty units.\n(sec.119-ssec.2) In this section— operate includes providing network control.","sortOrder":195},{"sectionNumber":"sec.120","sectionType":"section","heading":"National Electricity Rules to be followed","content":"### sec.120 National Electricity Rules to be followed\n\nA person must comply with the National Electricity Rules in operating an electrical installation if the installation—\nis connected directly to a supply network that is part of the Queensland system; or\nincludes facilities for the provision of ancillary services to the supply network.\nMaximum penalty—20 penalty units.\n- (a) is connected directly to a supply network that is part of the Queensland system; or\n- (b) includes facilities for the provision of ancillary services to the supply network.","sortOrder":196},{"sectionNumber":"sec.121","sectionType":"section","heading":"Dealings to be impartial","content":"### sec.121 Dealings to be impartial\n\nAn electricity entity, in carrying out network control, must be impartial in its dealings with all other electricity entities, special approval holders and customers.\ns 121 amd 2007 SL No. 122 s 23","sortOrder":197},{"sectionNumber":"sec.122","sectionType":"section","heading":"Confidentiality","content":"### sec.122 Confidentiality\n\nAn electricity entity may publish or release to a person information acquired by the entity in carrying out network control, and that gives or is likely to give the person a material commercial advantage over anyone else, only if—\nthe giving of the information is for another lawful purpose; and\nany commercial advantage is only incidental to the purpose.\nSubsection (1) does not apply to the giving to a person information about—\nthe person; or\nwith another person’s written permission, the other person.\n(sec.122-ssec.1) An electricity entity may publish or release to a person information acquired by the entity in carrying out network control, and that gives or is likely to give the person a material commercial advantage over anyone else, only if— the giving of the information is for another lawful purpose; and any commercial advantage is only incidental to the purpose.\n(sec.122-ssec.2) Subsection (1) does not apply to the giving to a person information about— the person; or with another person’s written permission, the other person.\n- (a) the giving of the information is for another lawful purpose; and\n- (b) any commercial advantage is only incidental to the purpose.\n- (a) the person; or\n- (b) with another person’s written permission, the other person.","sortOrder":198},{"sectionNumber":"sec.123","sectionType":"section","heading":"Reasonable charges for services","content":"### sec.123 Reasonable charges for services\n\nAn electricity entity may charge customers for the reasonable cost of carrying out its network control functions.\ns 123 amd 2007 SL No. 122 s 24","sortOrder":199},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Conditions of authorities and special approvals","content":"# Conditions of authorities and special approvals","sortOrder":200},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":201},{"sectionNumber":"sec.124","sectionType":"section","heading":"Separation of distribution and retail sectors","content":"### sec.124 Separation of distribution and retail sectors\n\nIt is a condition of a distribution authority that its holder must not hold a retailer authorisation.\ns 124 amd 2014 SL No. 338 s 24","sortOrder":202},{"sectionNumber":"sec.125","sectionType":"section","heading":"Compliance with National Electricity Rules instruments","content":"### sec.125 Compliance with National Electricity Rules instruments\n\nThis section applies to the holder of an authority or special approval if the holder is a Registered participant.\nIt is a condition of an authority or special approval that its holder must comply with any National Electricity Rules instrument applying to the activities authorised by the authority or special approval.\nIn this section—\nauthority means a generation authority, transmission authority or distribution authority.\nNational Electricity Rules instrument means a guideline, power system operating procedure or other procedure, protocol or standard made under the Rules.\ns 125 amd 2014 SL No. 338 s 25\n(sec.125-ssec.1) This section applies to the holder of an authority or special approval if the holder is a Registered participant.\n(sec.125-ssec.2) It is a condition of an authority or special approval that its holder must comply with any National Electricity Rules instrument applying to the activities authorised by the authority or special approval.\n(sec.125-ssec.3) In this section— authority means a generation authority, transmission authority or distribution authority. National Electricity Rules instrument means a guideline, power system operating procedure or other procedure, protocol or standard made under the Rules.","sortOrder":203},{"sectionNumber":"sec.125A","sectionType":"section","heading":null,"content":"### Section sec.125A\n\ns 125A ins 2012 SL No. 88 s 3\nsub 2013 SL No. 105 s 5\namd 2014 SL No. 118 s 4\nom 2014 SL No. 338 s 26","sortOrder":204},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 sub 2007 SL No. 122 s 25\nom 2014 SL No. 338 s 26","sortOrder":205},{"sectionNumber":"sec.127","sectionType":"section","heading":"Prescribed special approval holder— Act , s 61B","content":"### sec.127 Prescribed special approval holder— Act , s 61B\n\nEssential Energy, in relation to special approval no. SA01/11, is prescribed for the Act , section 61B .\ns 127 prev s 127 om 2007 SL No. 122 s 25\npres s 127 ins 2008 SL No. 193 s 7\nsub 2011 SL No. 42 s 5\namd 2014 SL No. 338 s 27\n(sec.127-ssec) Essential Energy, in relation to special approval no. SA01/11, is prescribed for the Act , section 61B .","sortOrder":206},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Demand management plans","content":"## Demand management plans","sortOrder":207},{"sectionNumber":"sec.127A","sectionType":"section","heading":"Definitions for div 2","content":"### sec.127A Definitions for div 2\n\nIn this division—\napproved demand management plan means a demand management plan approved by the regulator under this division.\ndemand management , by a distribution entity, means any activity in which the entity is involved that reduces demand on the entity’s supply network or part of the supply network.\ndemand management plan , for a financial year, means a plan for the year that complies with section 127C (2) .\nstrategy see section 127C (2) (a) .\ns 127A ins 2009 SL No. 83 s 6","sortOrder":208},{"sectionNumber":"sec.127B","sectionType":"section","heading":"Condition of distribution authority","content":"### sec.127B Condition of distribution authority\n\nIt is a condition of a distribution authority that its holder must comply with this division.\ns 127B ins 2009 SL No. 83 s 6","sortOrder":209},{"sectionNumber":"sec.127C","sectionType":"section","heading":"Preparing demand management plan","content":"### sec.127C Preparing demand management plan\n\nA distribution entity must, for each financial year, prepare a demand management plan.\nThe distribution entity must include in the plan—\nthe entity’s long-term strategy for demand management (the strategy ), including the following—\nthe principles intended to guide the achievement of the strategy;\na description of existing and planned programs for demand management for the next 5 financial years;\nany identified opportunities to achieve the strategy; and\nthe entity’s proposed initiatives to be carried out under the strategy in the financial year, including the following—\na description of the initiative;\na forecast of the capital and operating costs for the initiative that the entity reasonably considers will be the likely costs for the year;\nthe entity’s performance targets for the initiative.\nSubsection (2) does not limit the matters that may be included in the plan.\nThe distribution entity must, on or before each 30 April in the preceding financial year, give the regulator a copy of the entity’s plan for the financial year.\ns 127C ins 2009 SL No. 83 s 6\n(sec.127C-ssec.1) A distribution entity must, for each financial year, prepare a demand management plan.\n(sec.127C-ssec.2) The distribution entity must include in the plan— the entity’s long-term strategy for demand management (the strategy ), including the following— the principles intended to guide the achievement of the strategy; a description of existing and planned programs for demand management for the next 5 financial years; any identified opportunities to achieve the strategy; and the entity’s proposed initiatives to be carried out under the strategy in the financial year, including the following— a description of the initiative; a forecast of the capital and operating costs for the initiative that the entity reasonably considers will be the likely costs for the year; the entity’s performance targets for the initiative.\n(sec.127C-ssec.3) Subsection (2) does not limit the matters that may be included in the plan.\n(sec.127C-ssec.4) The distribution entity must, on or before each 30 April in the preceding financial year, give the regulator a copy of the entity’s plan for the financial year.\n- (a) the entity’s long-term strategy for demand management (the strategy ), including the following— (i) the principles intended to guide the achievement of the strategy; (ii) a description of existing and planned programs for demand management for the next 5 financial years; (iii) any identified opportunities to achieve the strategy; and\n- (i) the principles intended to guide the achievement of the strategy;\n- (ii) a description of existing and planned programs for demand management for the next 5 financial years;\n- (iii) any identified opportunities to achieve the strategy; and\n- (b) the entity’s proposed initiatives to be carried out under the strategy in the financial year, including the following— (i) a description of the initiative; (ii) a forecast of the capital and operating costs for the initiative that the entity reasonably considers will be the likely costs for the year; (iii) the entity’s performance targets for the initiative.\n- (i) a description of the initiative;\n- (ii) a forecast of the capital and operating costs for the initiative that the entity reasonably considers will be the likely costs for the year;\n- (iii) the entity’s performance targets for the initiative.\n- (i) the principles intended to guide the achievement of the strategy;\n- (ii) a description of existing and planned programs for demand management for the next 5 financial years;\n- (iii) any identified opportunities to achieve the strategy; and\n- (i) a description of the initiative;\n- (ii) a forecast of the capital and operating costs for the initiative that the entity reasonably considers will be the likely costs for the year;\n- (iii) the entity’s performance targets for the initiative.","sortOrder":210},{"sectionNumber":"sec.127D","sectionType":"section","heading":"Approving demand management plan","content":"### sec.127D Approving demand management plan\n\nThe regulator must, on or before 31 May in the preceding financial year—\napprove the distribution entity’s demand management plan for the financial year; or\nmake recommendations under section 127E (1) to amend the plan.\ns 127D ins 2009 SL No. 83 s 6\n- (a) approve the distribution entity’s demand management plan for the financial year; or\n- (b) make recommendations under section 127E (1) to amend the plan.","sortOrder":211},{"sectionNumber":"sec.127E","sectionType":"section","heading":"Recommendations by regulator","content":"### sec.127E Recommendations by regulator\n\nBefore approving the distribution entity’s demand management plan for a financial year, the regulator may—\nreturn the plan to the entity; and\nmake recommendations to amend the plan by asking the entity to—\nconsider or further consider any matter; and\namend the plan in the light of its consideration or further consideration.\nThe distribution entity must comply with a request under subsection (1) (b) .\nIf the distribution entity does not implement any or all of the regulator’s recommendations, the entity must give the regulator written reasons for not implementing the recommendations.\nThe distribution entity must give a copy of the plan to the regulator for approval.\nThe plan takes effect as the distribution entity’s approved demand management plan for the financial year only when it is approved by the regulator.\ns 127E ins 2009 SL No. 83 s 6\n(sec.127E-ssec.1) Before approving the distribution entity’s demand management plan for a financial year, the regulator may— return the plan to the entity; and make recommendations to amend the plan by asking the entity to— consider or further consider any matter; and amend the plan in the light of its consideration or further consideration.\n(sec.127E-ssec.2) The distribution entity must comply with a request under subsection (1) (b) .\n(sec.127E-ssec.3) If the distribution entity does not implement any or all of the regulator’s recommendations, the entity must give the regulator written reasons for not implementing the recommendations.\n(sec.127E-ssec.4) The distribution entity must give a copy of the plan to the regulator for approval.\n(sec.127E-ssec.5) The plan takes effect as the distribution entity’s approved demand management plan for the financial year only when it is approved by the regulator.\n- (a) return the plan to the entity; and\n- (b) make recommendations to amend the plan by asking the entity to— (i) consider or further consider any matter; and (ii) amend the plan in the light of its consideration or further consideration.\n- (i) consider or further consider any matter; and\n- (ii) amend the plan in the light of its consideration or further consideration.\n- (i) consider or further consider any matter; and\n- (ii) amend the plan in the light of its consideration or further consideration.","sortOrder":212},{"sectionNumber":"sec.127F","sectionType":"section","heading":"Amending approved demand management plan","content":"### sec.127F Amending approved demand management plan\n\nThe distribution entity may, at any time in a financial year, amend its approved demand management plan for the year.\nHowever, the plan may be amended only if a change in circumstances happens that indicates the carrying out of a proposed initiative, or the carrying out of a proposed initiative in the way described in the plan, is no longer feasible or practical to achieve the entity’s strategy.\nIf, in amending the plan, a proposed initiative, or the way a proposed initiative is to be carried out under the plan, is not changed, the entity’s performance targets for the proposed initiative must not be changed in the amended plan.\nThe distribution entity must give the regulator a copy of the amended plan.\nThe plan, as amended, takes effect as the distribution entity’s approved demand management plan for the financial year only when it is approved by the regulator.\ns 127F ins 2009 SL No. 83 s 6\n(sec.127F-ssec.1) The distribution entity may, at any time in a financial year, amend its approved demand management plan for the year.\n(sec.127F-ssec.2) However, the plan may be amended only if a change in circumstances happens that indicates the carrying out of a proposed initiative, or the carrying out of a proposed initiative in the way described in the plan, is no longer feasible or practical to achieve the entity’s strategy.\n(sec.127F-ssec.3) If, in amending the plan, a proposed initiative, or the way a proposed initiative is to be carried out under the plan, is not changed, the entity’s performance targets for the proposed initiative must not be changed in the amended plan.\n(sec.127F-ssec.4) The distribution entity must give the regulator a copy of the amended plan.\n(sec.127F-ssec.5) The plan, as amended, takes effect as the distribution entity’s approved demand management plan for the financial year only when it is approved by the regulator.","sortOrder":213},{"sectionNumber":"sec.127G","sectionType":"section","heading":"Complying with approved demand management plan","content":"### sec.127G Complying with approved demand management plan\n\nThe distribution entity must use its best endeavours to comply with its approved demand management plan.\ns 127G ins 2009 SL No. 83 s 6","sortOrder":214},{"sectionNumber":"sec.127H","sectionType":"section","heading":"Reporting requirements","content":"### sec.127H Reporting requirements\n\nThe distribution entity must, for each financial year, prepare a report comparing details of the following—\nthe proposed initiatives stated in the entity’s approved demand management plan for the year;\nthe actual initiatives the entity carried out in the year.\nThe distribution entity must give the regulator a copy of the report on or before 31 August in the following financial year.\ns 127H ins 2009 SL No. 83 s 6\n(sec.127H-ssec.1) The distribution entity must, for each financial year, prepare a report comparing details of the following— the proposed initiatives stated in the entity’s approved demand management plan for the year; the actual initiatives the entity carried out in the year.\n(sec.127H-ssec.2) The distribution entity must give the regulator a copy of the report on or before 31 August in the following financial year.\n- (a) the proposed initiatives stated in the entity’s approved demand management plan for the year;\n- (b) the actual initiatives the entity carried out in the year.","sortOrder":215},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Special approvals","content":"# Special approvals","sortOrder":216},{"sectionNumber":"sec.128","sectionType":"section","heading":"Approval to connect for generation plant of particular State electricity entities installed immediately before 1 January 1995","content":"### sec.128 Approval to connect for generation plant of particular State electricity entities installed immediately before 1 January 1995\n\nErgon Energy has a special approval authorising it to connect the generating plant installed before 1 January 1995 and vested in Capricornia Electricity Corporation, Far North Queensland Electricity Corporation or North Queensland Electricity Corporation as at 1 January 1995 to the transmission grid or supply network to which the generating plant was connected on 1 January 1995.\nSection 27 (a) and (c) of the Act applies to Ergon Energy acting under the special approval as if it were a generation entity.\n(sec.128-ssec.1) Ergon Energy has a special approval authorising it to connect the generating plant installed before 1 January 1995 and vested in Capricornia Electricity Corporation, Far North Queensland Electricity Corporation or North Queensland Electricity Corporation as at 1 January 1995 to the transmission grid or supply network to which the generating plant was connected on 1 January 1995.\n(sec.128-ssec.2) Section 27 (a) and (c) of the Act applies to Ergon Energy acting under the special approval as if it were a generation entity.","sortOrder":217},{"sectionNumber":"sec.129","sectionType":"section","heading":"Approval to connect for mobile generating plant for emergency or maintenance work by distribution entities","content":"### sec.129 Approval to connect for mobile generating plant for emergency or maintenance work by distribution entities\n\nA distribution entity has a special approval to connect mobile generating plant to its supply network to supply electricity during an emergency or maintenance work on the supply network.\nSection 27 (a) and (c) of the Act applies to a distribution entity acting under the special approval as if the supplier were a generation entity.\n(sec.129-ssec.1) A distribution entity has a special approval to connect mobile generating plant to its supply network to supply electricity during an emergency or maintenance work on the supply network.\n(sec.129-ssec.2) Section 27 (a) and (c) of the Act applies to a distribution entity acting under the special approval as if the supplier were a generation entity.","sortOrder":218},{"sectionNumber":"sec.130","sectionType":"section","heading":"Approval to connect particular generating plant with 30MW or less capacity","content":"### sec.130 Approval to connect particular generating plant with 30MW or less capacity\n\nA person who operates generating plant with a capacity of 30MW or less has a special approval to connect the generating plant to a transmission grid or supply network.\nSection 27 (a) and (c) of the Act applies to the person acting under the special approval as if the person were a generation entity.\ns 130 amd 2014 SL No. 338 s 28\n(sec.130-ssec.1) A person who operates generating plant with a capacity of 30MW or less has a special approval to connect the generating plant to a transmission grid or supply network.\n(sec.130-ssec.2) Section 27 (a) and (c) of the Act applies to the person acting under the special approval as if the person were a generation entity.","sortOrder":219},{"sectionNumber":"sec.131","sectionType":"section","heading":"Special approval holders treated as electricity entities— Act , s 59 (2)","content":"### sec.131 Special approval holders treated as electricity entities— Act , s 59 (2)\n\nA special approval holder stated in schedule 3 , column 1, is to be treated as an electricity entity for the provisions of the Act stated in schedule 3 , column 2, opposite the special approval holder.\nTo remove any doubt, it is declared that if a special approval holder is mentioned in more than 1 item in schedule 3 , each of the items in which the holder is mentioned applies to the holder.\n(sec.131-ssec.1) A special approval holder stated in schedule 3 , column 1, is to be treated as an electricity entity for the provisions of the Act stated in schedule 3 , column 2, opposite the special approval holder.\n(sec.131-ssec.2) To remove any doubt, it is declared that if a special approval holder is mentioned in more than 1 item in schedule 3 , each of the items in which the holder is mentioned applies to the holder.","sortOrder":220},{"sectionNumber":"sec.132","sectionType":"section","heading":"Special approval for QETC","content":"### sec.132 Special approval for QETC\n\nQETC has a special approval to generate electricity for a purpose or function mentioned in section 33 (2) of the Act .\ns 132 amd 2014 SL No. 338 s 29","sortOrder":221},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":222},{"sectionNumber":"sec.134","sectionType":"section","heading":null,"content":"### Section sec.134\n\ns 134 om 2013 SL No. 105 s 6","sortOrder":223},{"sectionNumber":"sec.134A","sectionType":"section","heading":null,"content":"### Section sec.134A\n\ns 134A ins 2011 SL No. 42 s 6\namd 2011 SL No. 235 s 4\nom 2013 SL No. 105 s 6","sortOrder":224},{"sectionNumber":"sec.135","sectionType":"section","heading":null,"content":"### Section sec.135\n\ns 135 amd 2009 SL No. 172 s 6\nom 2013 SL No. 105 s 6","sortOrder":225},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":226},{"sectionNumber":"sec.136","sectionType":"section","heading":null,"content":"### Section sec.136\n\ns 136 om 2013 SL No. 105 s 6","sortOrder":227},{"sectionNumber":"sec.137","sectionType":"section","heading":null,"content":"### Section sec.137\n\ns 137 om 2013 SL No. 105 s 6","sortOrder":228},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Minimum energy efficiency and performance","content":"# Minimum energy efficiency and performance","sortOrder":229},{"sectionNumber":"ch.7-pt.1-div.1","sectionType":"division","heading":"Registration","content":"## Registration","sortOrder":230},{"sectionNumber":"sec.138","sectionType":"section","heading":"Application for registration","content":"### sec.138 Application for registration\n\nAn application for registration of an item of prescribed electrical equipment must be made to the regulator in the approved form, or if there is no approved form, a form acceptable to the regulator.\nThe application must be accompanied by each of the following—\nsubject to subsection (7) , the prescribed fee;\nthe test results and calculations mentioned in the relevant standard;\nthe other test results mentioned in the relevant standard, in the form for the results set out in the standard;\nfor an item mentioned in schedule 4 , part 1 —a sample of a label for the item;\nfor an item mentioned in schedule 4 , part 3 , that is to be labelled—a sample of a label for the item;\nif required by the regulator, a sample of the equipment;\nany other relevant information the regulator requires to decide the application.\nThe application may specify a range of models of the 1 brand in the same application if each of the models has the same relevant physical characteristics, energy efficiency and performance characteristics.\nIf a person other than the applicant signs the application, the application must be accompanied by the applicant’s written authority for the person to sign the application.\nIf the application is made by electronic communication, subsection (4) is taken to be complied with if—\na method is used to identify the applicant and to indicate the applicant’s authority; and\nhaving regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the authority was communicated; and\nthe regulator consents to the requirement being met by using the method mentioned in paragraph (a) .\nThe regulator may waive the requirement under subsection (2) (b) and (c) .\nIf the application is made by electronic communication, the applicant must give the regulator the prescribed fee for the application before the regulator can register the item of prescribed electrical equipment.\nIf the application is made by electronic communication, the regulator—\nmay decide the application; but\ncan not register the item the subject of the application until the prescribed fee is paid.\ns 138 amd 2007 SL No. 314 s 3\n(sec.138-ssec.1) An application for registration of an item of prescribed electrical equipment must be made to the regulator in the approved form, or if there is no approved form, a form acceptable to the regulator.\n(sec.138-ssec.2) The application must be accompanied by each of the following— subject to subsection (7) , the prescribed fee; the test results and calculations mentioned in the relevant standard; the other test results mentioned in the relevant standard, in the form for the results set out in the standard; for an item mentioned in schedule 4 , part 1 —a sample of a label for the item; for an item mentioned in schedule 4 , part 3 , that is to be labelled—a sample of a label for the item; if required by the regulator, a sample of the equipment; any other relevant information the regulator requires to decide the application.\n(sec.138-ssec.3) The application may specify a range of models of the 1 brand in the same application if each of the models has the same relevant physical characteristics, energy efficiency and performance characteristics.\n(sec.138-ssec.4) If a person other than the applicant signs the application, the application must be accompanied by the applicant’s written authority for the person to sign the application.\n(sec.138-ssec.5) If the application is made by electronic communication, subsection (4) is taken to be complied with if— a method is used to identify the applicant and to indicate the applicant’s authority; and having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the authority was communicated; and the regulator consents to the requirement being met by using the method mentioned in paragraph (a) .\n(sec.138-ssec.6) The regulator may waive the requirement under subsection (2) (b) and (c) .\n(sec.138-ssec.7) If the application is made by electronic communication, the applicant must give the regulator the prescribed fee for the application before the regulator can register the item of prescribed electrical equipment.\n(sec.138-ssec.8) If the application is made by electronic communication, the regulator— may decide the application; but can not register the item the subject of the application until the prescribed fee is paid.\n- (a) subject to subsection (7) , the prescribed fee;\n- (b) the test results and calculations mentioned in the relevant standard;\n- (c) the other test results mentioned in the relevant standard, in the form for the results set out in the standard;\n- (d) for an item mentioned in schedule 4 , part 1 —a sample of a label for the item;\n- (e) for an item mentioned in schedule 4 , part 3 , that is to be labelled—a sample of a label for the item;\n- (f) if required by the regulator, a sample of the equipment;\n- (g) any other relevant information the regulator requires to decide the application.\n- (a) a method is used to identify the applicant and to indicate the applicant’s authority; and\n- (b) having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the authority was communicated; and\n- (c) the regulator consents to the requirement being met by using the method mentioned in paragraph (a) .\n- (a) may decide the application; but\n- (b) can not register the item the subject of the application until the prescribed fee is paid.","sortOrder":231},{"sectionNumber":"sec.139","sectionType":"section","heading":"Requirements for registration","content":"### sec.139 Requirements for registration\n\nThe regulator may register an item of prescribed electrical equipment only if the regulator considers—\nthe item complies with section 140 ; and\nfor equipment mentioned in schedule 4 , part 1 —the equipment’s label complies with section 152 ; and\nfor equipment mentioned in schedule 4 , part 3 , that is to be labelled—the equipment’s label complies with section 152 .\nIf the regulator refuses to register the item, the regulator must give the applicant a QCAT information notice about the refusal.\ns 139 amd 2009 Act No. 24 s 454\n(sec.139-ssec.1) The regulator may register an item of prescribed electrical equipment only if the regulator considers— the item complies with section 140 ; and for equipment mentioned in schedule 4 , part 1 —the equipment’s label complies with section 152 ; and for equipment mentioned in schedule 4 , part 3 , that is to be labelled—the equipment’s label complies with section 152 .\n(sec.139-ssec.2) If the regulator refuses to register the item, the regulator must give the applicant a QCAT information notice about the refusal.\n- (a) the item complies with section 140 ; and\n- (b) for equipment mentioned in schedule 4 , part 1 —the equipment’s label complies with section 152 ; and\n- (c) for equipment mentioned in schedule 4 , part 3 , that is to be labelled—the equipment’s label complies with section 152 .","sortOrder":232},{"sectionNumber":"sec.140","sectionType":"section","heading":"Minimum energy efficiency and performance criteria","content":"### sec.140 Minimum energy efficiency and performance criteria\n\nThis section states the requirements an item of prescribed electrical equipment must comply with for section 139 (1) (a) .\nAn item of prescribed electrical equipment mentioned in schedule 4 , part 1 or 3 , must, if tested in accordance with part 1 of the relevant standard, comply with the performance criteria for the item in the relevant standard.\nAn item of prescribed electrical equipment mentioned in schedule 4 , part 2 , must comply with the energy efficiency requirements for the item in the relevant standard.\n(sec.140-ssec.1) This section states the requirements an item of prescribed electrical equipment must comply with for section 139 (1) (a) .\n(sec.140-ssec.2) An item of prescribed electrical equipment mentioned in schedule 4 , part 1 or 3 , must, if tested in accordance with part 1 of the relevant standard, comply with the performance criteria for the item in the relevant standard.\n(sec.140-ssec.3) An item of prescribed electrical equipment mentioned in schedule 4 , part 2 , must comply with the energy efficiency requirements for the item in the relevant standard.","sortOrder":233},{"sectionNumber":"sec.141","sectionType":"section","heading":"Steps after registration","content":"### sec.141 Steps after registration\n\nWithin 28 days after registering an item of prescribed electrical equipment, the regulator must—\nfix the item’s maximum registration term; and\ngive the applicant a written notice stating the item’s date of registration and maximum registration term.\nThe maximum registration term can not be more than 5 years from the date of registration.\nIf the regulator decides to fix the maximum registration term at less than 5 years and the applicant has not agreed to the term, the written notice must include, or be accompanied by, a QCAT information notice about the decision.\ns 141 sub 2007 SL No. 314 s 4\namd 2009 Act No. 24 s 455\n(sec.141-ssec.1) Within 28 days after registering an item of prescribed electrical equipment, the regulator must— fix the item’s maximum registration term; and give the applicant a written notice stating the item’s date of registration and maximum registration term.\n(sec.141-ssec.2) The maximum registration term can not be more than 5 years from the date of registration.\n(sec.141-ssec.3) If the regulator decides to fix the maximum registration term at less than 5 years and the applicant has not agreed to the term, the written notice must include, or be accompanied by, a QCAT information notice about the decision.\n- (a) fix the item’s maximum registration term; and\n- (b) give the applicant a written notice stating the item’s date of registration and maximum registration term.","sortOrder":234},{"sectionNumber":"sec.142","sectionType":"section","heading":"Term of registration","content":"### sec.142 Term of registration\n\nRegistration of an item of prescribed electrical equipment continues in force until the earliest of the following to happen—\nthe end of the item’s maximum registration term;\nthe expiry of the relevant standard for the item;\nthe relevant standard for the item is amended and, under the amended standard, the item does not comply with the performance requirements or energy efficiency requirements for the item.\nSubsection (1) is subject to section 149 .\ns 142 sub 2007 SL No. 314 s 4\n(sec.142-ssec.1) Registration of an item of prescribed electrical equipment continues in force until the earliest of the following to happen— the end of the item’s maximum registration term; the expiry of the relevant standard for the item; the relevant standard for the item is amended and, under the amended standard, the item does not comply with the performance requirements or energy efficiency requirements for the item.\n(sec.142-ssec.2) Subsection (1) is subject to section 149 .\n- (a) the end of the item’s maximum registration term;\n- (b) the expiry of the relevant standard for the item;\n- (c) the relevant standard for the item is amended and, under the amended standard, the item does not comply with the performance requirements or energy efficiency requirements for the item.","sortOrder":235},{"sectionNumber":"sec.143","sectionType":"section","heading":"Change of name or address","content":"### sec.143 Change of name or address\n\nThe holder of a registration of an item of prescribed electrical equipment whose name or address changes must, within 14 days after the change, give written notice of it to the regulator.\nMaximum penalty—8 penalty units.\nThe regulator must enter details of the new name or address in the register.\n(sec.143-ssec.1) The holder of a registration of an item of prescribed electrical equipment whose name or address changes must, within 14 days after the change, give written notice of it to the regulator. Maximum penalty—8 penalty units.\n(sec.143-ssec.2) The regulator must enter details of the new name or address in the register.","sortOrder":236},{"sectionNumber":"sec.144","sectionType":"section","heading":"Changing energy efficiency label identifying electrical equipment","content":"### sec.144 Changing energy efficiency label identifying electrical equipment\n\nThe holder of a registration of an item of prescribed electrical equipment with an energy efficiency label may apply to the regulator for approval of a change to the label to reflect a change in the way an item of electrical equipment of the type to which the label relates is identified.\nThe regulator may approve the change if the application—\nis made in the approved form; and\nis accompanied by—\nsubject to subsection (3) , the prescribed fee; and\na sample of the changed energy efficiency label.\nIf the application is made by electronic communication, the applicant must give the regulator the prescribed fee for the application before the regulator can approve the change.\n(sec.144-ssec.1) The holder of a registration of an item of prescribed electrical equipment with an energy efficiency label may apply to the regulator for approval of a change to the label to reflect a change in the way an item of electrical equipment of the type to which the label relates is identified.\n(sec.144-ssec.2) The regulator may approve the change if the application— is made in the approved form; and is accompanied by— subject to subsection (3) , the prescribed fee; and a sample of the changed energy efficiency label.\n(sec.144-ssec.3) If the application is made by electronic communication, the applicant must give the regulator the prescribed fee for the application before the regulator can approve the change.\n- (a) is made in the approved form; and\n- (b) is accompanied by— (i) subject to subsection (3) , the prescribed fee; and (ii) a sample of the changed energy efficiency label.\n- (i) subject to subsection (3) , the prescribed fee; and\n- (ii) a sample of the changed energy efficiency label.\n- (i) subject to subsection (3) , the prescribed fee; and\n- (ii) a sample of the changed energy efficiency label.","sortOrder":237},{"sectionNumber":"sec.145","sectionType":"section","heading":"Refusal to change energy efficiency label","content":"### sec.145 Refusal to change energy efficiency label\n\nIf the regulator refuses to approve a change to an energy efficiency label for which an application is made, the regulator must give the applicant a QCAT information notice about the refusal.\ns 145 amd 2009 Act No. 24 s 456 ; 2010 SL No. 116 s 9","sortOrder":238},{"sectionNumber":"sec.146","sectionType":"section","heading":"Notice of change to energy efficiency label","content":"### sec.146 Notice of change to energy efficiency label\n\nWithin 28 days after approving a change to an energy efficiency label, the regulator must give written notice of the change to the holder of the label.","sortOrder":239},{"sectionNumber":"sec.146A","sectionType":"section","heading":"Request for documents or information confirming compliance with relevant standard","content":"### sec.146A Request for documents or information confirming compliance with relevant standard\n\nThis section applies to the holder of a registration of an item of prescribed electrical equipment.\nThe regulator may, by written notice given to the holder, require the holder to give the regulator the documents or information that the holder has about whether the item continues to comply with the requirements under section 139 for the registration of the item.\nThe notice must state a period of at least 15 business days within which the holder must comply with the requirement.\nThe holder must comply with the requirement.\nMaximum penalty for subsection (4) —20 penalty units.\ns 146A ins 2007 SL No. 314 s 5\n(sec.146A-ssec.1) This section applies to the holder of a registration of an item of prescribed electrical equipment.\n(sec.146A-ssec.2) The regulator may, by written notice given to the holder, require the holder to give the regulator the documents or information that the holder has about whether the item continues to comply with the requirements under section 139 for the registration of the item.\n(sec.146A-ssec.3) The notice must state a period of at least 15 business days within which the holder must comply with the requirement.\n(sec.146A-ssec.4) The holder must comply with the requirement. Maximum penalty for subsection (4) —20 penalty units.","sortOrder":240},{"sectionNumber":"ch.7-pt.1-div.2","sectionType":"division","heading":"Transfer and cancellation of registration","content":"## Transfer and cancellation of registration","sortOrder":241},{"sectionNumber":"sec.147","sectionType":"section","heading":"Transfer of registration","content":"### sec.147 Transfer of registration\n\nIf the holder of a registration of an item of prescribed electrical equipment proposes to transfer the registration to someone else (the proposed transferee ), the proposed transferee may apply to the regulator for approval of the transfer.\nThe regulator must approve the transfer if the application—\nis made in the approved form; and\nis accompanied by—\nsubject to subsection (4) , the prescribed fee; and\nthe holder’s written agreement to the transfer.\nIf the regulator refuses to approve the transfer, the regulator must give the applicant a QCAT information notice about the refusal.\nIf the application is made by electronic communication, the applicant must give the regulator the prescribed fee for the application before the regulator can approve the change.\ns 147 amd 2009 Act No. 24 s 457\n(sec.147-ssec.1) If the holder of a registration of an item of prescribed electrical equipment proposes to transfer the registration to someone else (the proposed transferee ), the proposed transferee may apply to the regulator for approval of the transfer.\n(sec.147-ssec.2) The regulator must approve the transfer if the application— is made in the approved form; and is accompanied by— subject to subsection (4) , the prescribed fee; and the holder’s written agreement to the transfer.\n(sec.147-ssec.3) If the regulator refuses to approve the transfer, the regulator must give the applicant a QCAT information notice about the refusal.\n(sec.147-ssec.4) If the application is made by electronic communication, the applicant must give the regulator the prescribed fee for the application before the regulator can approve the change.\n- (a) is made in the approved form; and\n- (b) is accompanied by— (i) subject to subsection (4) , the prescribed fee; and (ii) the holder’s written agreement to the transfer.\n- (i) subject to subsection (4) , the prescribed fee; and\n- (ii) the holder’s written agreement to the transfer.\n- (i) subject to subsection (4) , the prescribed fee; and\n- (ii) the holder’s written agreement to the transfer.","sortOrder":242},{"sectionNumber":"sec.148","sectionType":"section","heading":"Notice of transfer","content":"### sec.148 Notice of transfer\n\nWithin 28 days after approving the transfer, the regulator must give written notice of the transfer to the proposed transferee and the former holder of the registration.","sortOrder":243},{"sectionNumber":"sec.149","sectionType":"section","heading":"Cancellation of registration","content":"### sec.149 Cancellation of registration\n\nThe regulator may, subject to section 150 , cancel the registration of an item of prescribed electrical equipment if—\nthe regulator considers that, because of an examination or test carried out on the item by the regulator or an approved testing entity, it does not comply with the relevant standard; or\nthe holder of the registration engages in conduct likely to mislead the public about the performance, rating, capacity or the characteristics of the item required by the relevant standard; or\nthe holder gave the regulator false or misleading information about the application for registration, or transfer of registration, of the item; or\nthe holder asks for the cancellation.\nIf registration of an item (the primary item ) of prescribed electrical equipment is cancelled, the regulator may also cancel the registration of any other item of prescribed electrical equipment that the regulator is satisfied—\nhas the same relevant physical characteristics, energy efficiency and performance characteristics as the primary item; and\nwas registered on the basis of the same test results as the test results for the primary item.\nIf the regulator decides to cancel the registration, the regulator must give the holder a QCAT information notice about the decision.\ns 149 amd 2007 SL No. 314 s 6 ; 2009 Act No. 24 s 458\n(sec.149-ssec.1) The regulator may, subject to section 150 , cancel the registration of an item of prescribed electrical equipment if— the regulator considers that, because of an examination or test carried out on the item by the regulator or an approved testing entity, it does not comply with the relevant standard; or the holder of the registration engages in conduct likely to mislead the public about the performance, rating, capacity or the characteristics of the item required by the relevant standard; or the holder gave the regulator false or misleading information about the application for registration, or transfer of registration, of the item; or the holder asks for the cancellation.\n(sec.149-ssec.2) If registration of an item (the primary item ) of prescribed electrical equipment is cancelled, the regulator may also cancel the registration of any other item of prescribed electrical equipment that the regulator is satisfied— has the same relevant physical characteristics, energy efficiency and performance characteristics as the primary item; and was registered on the basis of the same test results as the test results for the primary item.\n(sec.149-ssec.3) If the regulator decides to cancel the registration, the regulator must give the holder a QCAT information notice about the decision.\n- (a) the regulator considers that, because of an examination or test carried out on the item by the regulator or an approved testing entity, it does not comply with the relevant standard; or\n- (b) the holder of the registration engages in conduct likely to mislead the public about the performance, rating, capacity or the characteristics of the item required by the relevant standard; or\n- (c) the holder gave the regulator false or misleading information about the application for registration, or transfer of registration, of the item; or\n- (d) the holder asks for the cancellation.\n- (a) has the same relevant physical characteristics, energy efficiency and performance characteristics as the primary item; and\n- (b) was registered on the basis of the same test results as the test results for the primary item.","sortOrder":244},{"sectionNumber":"sec.150","sectionType":"section","heading":"Procedure before cancellation","content":"### sec.150 Procedure before cancellation\n\nIf the regulator considers a ground exists to cancel the registration of an item of prescribed electrical equipment, other than at the request of the registration holder, the regulator must, before taking the action, give the holder written notice—\nstating the regulator is considering cancelling the registration; and\nstating the grounds for the proposed cancellation; and\noutlining the facts and circumstances forming the basis for the grounds; and\ninviting the holder to show, within a stated time of at least 15 business days, why the registration should not be cancelled.\nIf, after considering all written representations made by the holder within the stated time, the regulator still considers a ground exists to cancel the registration, the regulator may cancel the registration.\nCancellation of the registration takes effect on the sixth business day after the holder is given a QCAT information notice under section 149 (3) .\ns 150 amd 2009 Act No. 24 s 459\n(sec.150-ssec.1) If the regulator considers a ground exists to cancel the registration of an item of prescribed electrical equipment, other than at the request of the registration holder, the regulator must, before taking the action, give the holder written notice— stating the regulator is considering cancelling the registration; and stating the grounds for the proposed cancellation; and outlining the facts and circumstances forming the basis for the grounds; and inviting the holder to show, within a stated time of at least 15 business days, why the registration should not be cancelled.\n(sec.150-ssec.2) If, after considering all written representations made by the holder within the stated time, the regulator still considers a ground exists to cancel the registration, the regulator may cancel the registration.\n(sec.150-ssec.3) Cancellation of the registration takes effect on the sixth business day after the holder is given a QCAT information notice under section 149 (3) .\n- (a) stating the regulator is considering cancelling the registration; and\n- (b) stating the grounds for the proposed cancellation; and\n- (c) outlining the facts and circumstances forming the basis for the grounds; and\n- (d) inviting the holder to show, within a stated time of at least 15 business days, why the registration should not be cancelled.","sortOrder":245},{"sectionNumber":"sec.151","sectionType":"section","heading":"Notice, by holder, of cancellation of registration","content":"### sec.151 Notice, by holder, of cancellation of registration\n\nImmediately on receipt of a QCAT information notice about cancellation of the registration of an item of prescribed electrical equipment, the holder of the registration must give written notice of the cancellation to each person to whom the holder has sold an item of the type that was registered.\nSubsection (1) does not require the giving of a notice to a person to whom the type of item had been sold by retail or had been sold at least 1 year before the notice was received.\ns 151 amd 2009 Act No. 24 s 460\n(sec.151-ssec.1) Immediately on receipt of a QCAT information notice about cancellation of the registration of an item of prescribed electrical equipment, the holder of the registration must give written notice of the cancellation to each person to whom the holder has sold an item of the type that was registered.\n(sec.151-ssec.2) Subsection (1) does not require the giving of a notice to a person to whom the type of item had been sold by retail or had been sold at least 1 year before the notice was received.","sortOrder":246},{"sectionNumber":"ch.7-pt.1-div.3","sectionType":"division","heading":"Energy efficiency label","content":"## Energy efficiency label","sortOrder":247},{"sectionNumber":"sec.152","sectionType":"section","heading":"Energy efficiency label","content":"### sec.152 Energy efficiency label\n\nAn energy efficiency label for an item of prescribed electrical equipment mentioned in schedule 4 , part 1 or 3 , must—\ncomply with the labelling requirements of the relevant standard for the item; and\nnot contain any figures, symbols or other words likely to mislead the public about the item’s comparative energy consumption, energy efficiency rating or performance characteristics; and\nif the item is sold—accompany the item.\nIf the item is displayed for sale, the energy efficiency label for the item must—\nbe attached to the item—\nin the way shown in the relevant standard; or\nin another way approved by the regulator; and\nnot be attached in a way that it is obscured from view.\nSee part 3 (Offences) for when equipment must be labelled.\ns 152 amd 2007 SL No. 314 s 7\n(sec.152-ssec.1) An energy efficiency label for an item of prescribed electrical equipment mentioned in schedule 4 , part 1 or 3 , must— comply with the labelling requirements of the relevant standard for the item; and not contain any figures, symbols or other words likely to mislead the public about the item’s comparative energy consumption, energy efficiency rating or performance characteristics; and if the item is sold—accompany the item.\n(sec.152-ssec.2) If the item is displayed for sale, the energy efficiency label for the item must— be attached to the item— in the way shown in the relevant standard; or in another way approved by the regulator; and not be attached in a way that it is obscured from view. See part 3 (Offences) for when equipment must be labelled.\n- (a) comply with the labelling requirements of the relevant standard for the item; and\n- (b) not contain any figures, symbols or other words likely to mislead the public about the item’s comparative energy consumption, energy efficiency rating or performance characteristics; and\n- (c) if the item is sold—accompany the item.\n- (a) be attached to the item— (i) in the way shown in the relevant standard; or (ii) in another way approved by the regulator; and\n- (i) in the way shown in the relevant standard; or\n- (ii) in another way approved by the regulator; and\n- (b) not be attached in a way that it is obscured from view.\n- (i) in the way shown in the relevant standard; or\n- (ii) in another way approved by the regulator; and","sortOrder":248},{"sectionNumber":"ch.7-pt.1-div.4","sectionType":"division","heading":"Register","content":"## Register","sortOrder":249},{"sectionNumber":"sec.153","sectionType":"section","heading":"Register","content":"### sec.153 Register\n\nThe regulator must keep a register of each item of prescribed electrical equipment registered by the regulator.\nThe regulator may enter in the register any particulars contained in an application for registration, or transfer of registration, of the item.\nThe register may be kept in a way the regulator considers appropriate.\nThe register may form part of a national register.\n(sec.153-ssec.1) The regulator must keep a register of each item of prescribed electrical equipment registered by the regulator.\n(sec.153-ssec.2) The regulator may enter in the register any particulars contained in an application for registration, or transfer of registration, of the item.\n(sec.153-ssec.3) The register may be kept in a way the regulator considers appropriate.\n(sec.153-ssec.4) The register may form part of a national register.","sortOrder":250},{"sectionNumber":"sec.154","sectionType":"section","heading":"Inspection of register","content":"### sec.154 Inspection of register\n\nThe regulator must—\nkeep the register open for inspection, on payment of the prescribed fee, by members of the public during office hours on business days; and\non payment of the prescribed fee, give the person a copy of an entry in the register.\n- (a) keep the register open for inspection, on payment of the prescribed fee, by members of the public during office hours on business days; and\n- (b) on payment of the prescribed fee, give the person a copy of an entry in the register.","sortOrder":251},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Testing and test reports","content":"# Testing and test reports","sortOrder":252},{"sectionNumber":"ch.7-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":253},{"sectionNumber":"sec.155","sectionType":"section","heading":"Testing of prescribed electrical equipment","content":"### sec.155 Testing of prescribed electrical equipment\n\nAn item of prescribed electrical equipment mentioned in schedule 4 , part 1 or 3 , must be tested under this part in accordance with part 1 of the relevant standard to find out whether it complies with the performance criteria in the relevant standard.\nAn item of prescribed electrical equipment mentioned in schedule 4 , part 2 , item 1, must be tested under this part to find out whether it complies with the energy efficiency requirements in the relevant standard.\nAn item of prescribed electrical equipment mentioned in schedule 4 , part 2 , item 2, must be tested under this part in accordance with part 102.3 of the relevant standard to find out whether it complies with the minimum energy performance requirements in part 5 of the relevant standard.\nAn item of prescribed electrical equipment mentioned in schedule 4 , part 2 , items 3 to 18, must be tested under this part to find out whether it complies with the minimum energy performance requirements in the relevant standard for the item.\nThe testing may be done only by an approved testing entity.\ns 155 amd 2007 SL No. 314 s 8 ; 2009 SL No. 138 s 3 ; 2009 SL No. 197 ss 4 , 6 ; 2010 SL No. 321 s 4\n(sec.155-ssec.1) An item of prescribed electrical equipment mentioned in schedule 4 , part 1 or 3 , must be tested under this part in accordance with part 1 of the relevant standard to find out whether it complies with the performance criteria in the relevant standard.\n(sec.155-ssec.2) An item of prescribed electrical equipment mentioned in schedule 4 , part 2 , item 1, must be tested under this part to find out whether it complies with the energy efficiency requirements in the relevant standard.\n(sec.155-ssec.3) An item of prescribed electrical equipment mentioned in schedule 4 , part 2 , item 2, must be tested under this part in accordance with part 102.3 of the relevant standard to find out whether it complies with the minimum energy performance requirements in part 5 of the relevant standard.\n(sec.155-ssec.4) An item of prescribed electrical equipment mentioned in schedule 4 , part 2 , items 3 to 18, must be tested under this part to find out whether it complies with the minimum energy performance requirements in the relevant standard for the item.\n(sec.155-ssec.5) The testing may be done only by an approved testing entity.","sortOrder":254},{"sectionNumber":"sec.156","sectionType":"section","heading":"Test reports","content":"### sec.156 Test reports\n\nThe results of the test must be recorded in a test report.\nThe test report must be in the approved form, or if there is no approved form, a form acceptable to the regulator, and contain the following information about the test—\nthe provision of this regulation under which the testing was conducted;\nthe name of the entity that conducted the test;\nthe date of the test;\nthe date of the report;\nthe results of the test, in the form set out in the relevant standard;\nother information required to be included in the report under this part.\ns 156 amd 2007 SL No. 314 s 9\n(sec.156-ssec.1) The results of the test must be recorded in a test report.\n(sec.156-ssec.2) The test report must be in the approved form, or if there is no approved form, a form acceptable to the regulator, and contain the following information about the test— the provision of this regulation under which the testing was conducted; the name of the entity that conducted the test; the date of the test; the date of the report; the results of the test, in the form set out in the relevant standard; other information required to be included in the report under this part.\n- (a) the provision of this regulation under which the testing was conducted;\n- (b) the name of the entity that conducted the test;\n- (c) the date of the test;\n- (d) the date of the report;\n- (e) the results of the test, in the form set out in the relevant standard;\n- (f) other information required to be included in the report under this part.","sortOrder":255},{"sectionNumber":"ch.7-pt.2-div.2","sectionType":"division","heading":"Check testing","content":"## Check testing","sortOrder":256},{"sectionNumber":"sec.157","sectionType":"section","heading":"Requirement by regulator to make available prescribed electrical equipment for testing","content":"### sec.157 Requirement by regulator to make available prescribed electrical equipment for testing\n\nThe regulator may, by written notice given to the holder of the registration of an item of prescribed electrical equipment, require the holder to make an item of the type registered available for the testing ( check testing ) mentioned in section 155 .\nThe requirement must state—\nthe period, of at least 1 month from the giving of the requirement, within which the item must be made available; and\nthe place where the item is to be made available; and\nan amount estimated to cover the actual, reasonable cost of the check testing and when it is to be paid to the regulator.\nThe holder must make the item available and pay the amount as stated in the requirement.\n(sec.157-ssec.1) The regulator may, by written notice given to the holder of the registration of an item of prescribed electrical equipment, require the holder to make an item of the type registered available for the testing ( check testing ) mentioned in section 155 .\n(sec.157-ssec.2) The requirement must state— the period, of at least 1 month from the giving of the requirement, within which the item must be made available; and the place where the item is to be made available; and an amount estimated to cover the actual, reasonable cost of the check testing and when it is to be paid to the regulator.\n(sec.157-ssec.3) The holder must make the item available and pay the amount as stated in the requirement.\n- (a) the period, of at least 1 month from the giving of the requirement, within which the item must be made available; and\n- (b) the place where the item is to be made available; and\n- (c) an amount estimated to cover the actual, reasonable cost of the check testing and when it is to be paid to the regulator.","sortOrder":257},{"sectionNumber":"sec.158","sectionType":"section","heading":"What happens if check testing shows noncompliance","content":"### sec.158 What happens if check testing shows noncompliance\n\nThis section applies if a check test shows that an item of prescribed electrical equipment does not comply with a performance criteria or energy efficiency requirement of the relevant standard.\nIf the actual cost of testing the item is greater than the amount paid under section 157 (3) for the check test, the difference may be recovered by the regulator from the holder as a debt owing to the State.\nThis section does not affect section 149 .\n(sec.158-ssec.1) This section applies if a check test shows that an item of prescribed electrical equipment does not comply with a performance criteria or energy efficiency requirement of the relevant standard.\n(sec.158-ssec.2) If the actual cost of testing the item is greater than the amount paid under section 157 (3) for the check test, the difference may be recovered by the regulator from the holder as a debt owing to the State.\n(sec.158-ssec.3) This section does not affect section 149 .","sortOrder":258},{"sectionNumber":"sec.159","sectionType":"section","heading":"What happens if check testing shows compliance","content":"### sec.159 What happens if check testing shows compliance\n\nThis section applies if a check test shows that an item of prescribed electrical equipment complies with the performance criteria or energy efficiency requirements of the relevant standard.\nThe regulator must refund to the holder the amount paid under section 157 (3) for the check test.\nThe amount may be recovered by the holder from the regulator as a debt owing by the State to the holder.\n(sec.159-ssec.1) This section applies if a check test shows that an item of prescribed electrical equipment complies with the performance criteria or energy efficiency requirements of the relevant standard.\n(sec.159-ssec.2) The regulator must refund to the holder the amount paid under section 157 (3) for the check test.\n(sec.159-ssec.3) The amount may be recovered by the holder from the regulator as a debt owing by the State to the holder.","sortOrder":259},{"sectionNumber":"sec.160","sectionType":"section","heading":"Return of equipment made available to the regulator","content":"### sec.160 Return of equipment made available to the regulator\n\nThis section applies if, at the regulator’s request, a person makes available to the regulator free of charge an item of prescribed electrical equipment for testing or with an application under this chapter.\nThe regulator must give the person written or oral notice that the equipment is available for collection by the person at a stated place as soon as practicable after—\nfor an item made available for testing—\nif the regulator believes, on reasonable grounds, that the item is required as evidence in a prosecution for an offence—the prosecution and any appeal from the prosecution; or\nif subparagraph (i) does not apply—the testing; or\nfor an item made available with an application—the regulator decides the application.\nDespite subsection (2) (a) (i) , the regulator must give the person written or oral notice immediately after the earlier of the following—\nthe regulator decides the equipment is not required as evidence;\na prosecution for an offence involving the type of equipment is not started within 6 months from when the notice would have been given if subsection (2) (a) (i) had not applied.\nIf, at the end of 6 months after the notice is given, the equipment has not been collected, the regulator may dispose of the item as the regulator considers appropriate and the person is not entitled to claim for the appliance or any loss or damage to it.\n(sec.160-ssec.1) This section applies if, at the regulator’s request, a person makes available to the regulator free of charge an item of prescribed electrical equipment for testing or with an application under this chapter.\n(sec.160-ssec.2) The regulator must give the person written or oral notice that the equipment is available for collection by the person at a stated place as soon as practicable after— for an item made available for testing— if the regulator believes, on reasonable grounds, that the item is required as evidence in a prosecution for an offence—the prosecution and any appeal from the prosecution; or if subparagraph (i) does not apply—the testing; or for an item made available with an application—the regulator decides the application.\n(sec.160-ssec.3) Despite subsection (2) (a) (i) , the regulator must give the person written or oral notice immediately after the earlier of the following— the regulator decides the equipment is not required as evidence; a prosecution for an offence involving the type of equipment is not started within 6 months from when the notice would have been given if subsection (2) (a) (i) had not applied.\n(sec.160-ssec.4) If, at the end of 6 months after the notice is given, the equipment has not been collected, the regulator may dispose of the item as the regulator considers appropriate and the person is not entitled to claim for the appliance or any loss or damage to it.\n- (a) for an item made available for testing— (i) if the regulator believes, on reasonable grounds, that the item is required as evidence in a prosecution for an offence—the prosecution and any appeal from the prosecution; or (ii) if subparagraph (i) does not apply—the testing; or\n- (i) if the regulator believes, on reasonable grounds, that the item is required as evidence in a prosecution for an offence—the prosecution and any appeal from the prosecution; or\n- (ii) if subparagraph (i) does not apply—the testing; or\n- (b) for an item made available with an application—the regulator decides the application.\n- (i) if the regulator believes, on reasonable grounds, that the item is required as evidence in a prosecution for an offence—the prosecution and any appeal from the prosecution; or\n- (ii) if subparagraph (i) does not apply—the testing; or\n- (a) the regulator decides the equipment is not required as evidence;\n- (b) a prosecution for an offence involving the type of equipment is not started within 6 months from when the notice would have been given if subsection (2) (a) (i) had not applied.","sortOrder":260},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":261},{"sectionNumber":"sec.161","sectionType":"section","heading":"Part does not apply to second-hand prescribed electrical equipment","content":"### sec.161 Part does not apply to second-hand prescribed electrical equipment\n\nThis part does not apply to a second-hand item of prescribed electrical equipment.","sortOrder":262},{"sectionNumber":"sec.162","sectionType":"section","heading":"Prescribed electrical equipment in sch 4 , pt 1 —labelling and registration","content":"### sec.162 Prescribed electrical equipment in sch 4 , pt 1 —labelling and registration\n\nA person must not display for sale or sell an item (the sale item ) of prescribed electrical equipment mentioned in schedule 4 , part 1 , unless—\nan item of the same type of prescribed electrical equipment as the sale item (an alike item )—\nis registered under section 139 ; or\nwas registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time ); or\nwas registered under a corresponding law at the relevant time; and\nan energy efficiency label that complies with section 152 is attached to or accompanies the item in the way required by that section.\nMaximum penalty—20 penalty units.\nSubsection (1) does not apply if—\nthe sale item is registered under a corresponding law; and\nan energy efficiency label is attached to or accompanies the sale item and the label complies with, and is attached or accompanies the item, in the way required by the corresponding law.\nAlso, subsection (1) does not apply if—\nan alike item was registered under section 139 at the relevant time and—\nan energy efficiency label is attached to or accompanies the sale item; and\nthe label complies with section 152 in the way required by the relevant standard as it was in force at that time; or\nan alike item was registered under a corresponding law at the relevant time and—\nan energy efficiency label is attached to or accompanies the sale item; and\nthe label complies with the corresponding law as it was in force at that time; or\nan alike item was not mentioned in schedule 4 , part 1 as it was in force at the relevant time.\ns 162 amd 2007 SL No. 314 s 10 ; 2009 SL No. 172 s 7\n(sec.162-ssec.1) A person must not display for sale or sell an item (the sale item ) of prescribed electrical equipment mentioned in schedule 4 , part 1 , unless— an item of the same type of prescribed electrical equipment as the sale item (an alike item )— is registered under section 139 ; or was registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time ); or was registered under a corresponding law at the relevant time; and an energy efficiency label that complies with section 152 is attached to or accompanies the item in the way required by that section. Maximum penalty—20 penalty units.\n(sec.162-ssec.2) Subsection (1) does not apply if— the sale item is registered under a corresponding law; and an energy efficiency label is attached to or accompanies the sale item and the label complies with, and is attached or accompanies the item, in the way required by the corresponding law.\n(sec.162-ssec.3) Also, subsection (1) does not apply if— an alike item was registered under section 139 at the relevant time and— an energy efficiency label is attached to or accompanies the sale item; and the label complies with section 152 in the way required by the relevant standard as it was in force at that time; or an alike item was registered under a corresponding law at the relevant time and— an energy efficiency label is attached to or accompanies the sale item; and the label complies with the corresponding law as it was in force at that time; or an alike item was not mentioned in schedule 4 , part 1 as it was in force at the relevant time.\n- (a) an item of the same type of prescribed electrical equipment as the sale item (an alike item )— (i) is registered under section 139 ; or (ii) was registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time ); or (iii) was registered under a corresponding law at the relevant time; and\n- (i) is registered under section 139 ; or\n- (ii) was registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time ); or\n- (iii) was registered under a corresponding law at the relevant time; and\n- (b) an energy efficiency label that complies with section 152 is attached to or accompanies the item in the way required by that section.\n- (i) is registered under section 139 ; or\n- (ii) was registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time ); or\n- (iii) was registered under a corresponding law at the relevant time; and\n- (a) the sale item is registered under a corresponding law; and\n- (b) an energy efficiency label is attached to or accompanies the sale item and the label complies with, and is attached or accompanies the item, in the way required by the corresponding law.\n- (a) an alike item was registered under section 139 at the relevant time and— (i) an energy efficiency label is attached to or accompanies the sale item; and (ii) the label complies with section 152 in the way required by the relevant standard as it was in force at that time; or\n- (i) an energy efficiency label is attached to or accompanies the sale item; and\n- (ii) the label complies with section 152 in the way required by the relevant standard as it was in force at that time; or\n- (b) an alike item was registered under a corresponding law at the relevant time and— (i) an energy efficiency label is attached to or accompanies the sale item; and (ii) the label complies with the corresponding law as it was in force at that time; or\n- (i) an energy efficiency label is attached to or accompanies the sale item; and\n- (ii) the label complies with the corresponding law as it was in force at that time; or\n- (c) an alike item was not mentioned in schedule 4 , part 1 as it was in force at the relevant time.\n- (i) an energy efficiency label is attached to or accompanies the sale item; and\n- (ii) the label complies with section 152 in the way required by the relevant standard as it was in force at that time; or\n- (i) an energy efficiency label is attached to or accompanies the sale item; and\n- (ii) the label complies with the corresponding law as it was in force at that time; or","sortOrder":263},{"sectionNumber":"sec.163","sectionType":"section","heading":"Prescribed electrical equipment in sch 4 , pt 2 —registration","content":"### sec.163 Prescribed electrical equipment in sch 4 , pt 2 —registration\n\nA person must not sell an item (the sale item ) of prescribed electrical equipment mentioned in schedule 4 , part 2 , unless an item of the same type of prescribed electrical equipment as the sale item—\nis registered under section 139 ; or\nwas registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time ); or\nwas registered under a corresponding law at the relevant time; or\nwas not mentioned in schedule 4 , part 2 as it was in force at the relevant time.\nMaximum penalty—20 penalty units.\ns 163 sub 2007 SL No. 314 s 11\n- (a) is registered under section 139 ; or\n- (b) was registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time ); or\n- (c) was registered under a corresponding law at the relevant time; or\n- (d) was not mentioned in schedule 4 , part 2 as it was in force at the relevant time.","sortOrder":264},{"sectionNumber":"sec.164","sectionType":"section","heading":"Prescribed electrical equipment in sch 4 , pt 3 —registration","content":"### sec.164 Prescribed electrical equipment in sch 4 , pt 3 —registration\n\nA person must not sell an item (the sale item ) of prescribed electrical equipment mentioned in schedule 4 , part 3 , unless—\nan item of the same type of prescribed electrical equipment as the sale item (an alike item )—\nis registered under section 139 ; or\nwas registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time ); or\nwas registered under a corresponding law at the relevant time; and\nif an energy efficiency label is attached to or accompanies the sale item—the label complies with, and is attached to or accompanies the item in the way required by, section 152 .\nMaximum penalty—20 penalty units.\nSubsection (1) does not apply if—\nthe sale item is registered under a corresponding law; and\nif an energy efficiency label is attached to or accompanies the sale item—the label complies with, and is attached to or accompanies the item in the way required by, the corresponding law.\nAlso, subsection (1) does not apply if—\nan alike item was registered under section 139 at the relevant time and any energy efficiency label attached to or accompanying the sale item complies with section 152 in the way required by the relevant standard as it was in force at that time; or\nan alike item was registered under a corresponding law at the relevant time and any energy efficiency label attached to or accompanying the sale item complies with that law as it was in force at the relevant time; or\nan alike item was not mentioned in schedule 4 , part 3 as it was in force at the relevant time.\ns 164 amd 2007 SL No. 314 s 12 ; 2009 SL No. 172 s 8\n(sec.164-ssec.1) A person must not sell an item (the sale item ) of prescribed electrical equipment mentioned in schedule 4 , part 3 , unless— an item of the same type of prescribed electrical equipment as the sale item (an alike item )— is registered under section 139 ; or was registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time ); or was registered under a corresponding law at the relevant time; and if an energy efficiency label is attached to or accompanies the sale item—the label complies with, and is attached to or accompanies the item in the way required by, section 152 . Maximum penalty—20 penalty units.\n(sec.164-ssec.2) Subsection (1) does not apply if— the sale item is registered under a corresponding law; and if an energy efficiency label is attached to or accompanies the sale item—the label complies with, and is attached to or accompanies the item in the way required by, the corresponding law.\n(sec.164-ssec.3) Also, subsection (1) does not apply if— an alike item was registered under section 139 at the relevant time and any energy efficiency label attached to or accompanying the sale item complies with section 152 in the way required by the relevant standard as it was in force at that time; or an alike item was registered under a corresponding law at the relevant time and any energy efficiency label attached to or accompanying the sale item complies with that law as it was in force at the relevant time; or an alike item was not mentioned in schedule 4 , part 3 as it was in force at the relevant time.\n- (a) an item of the same type of prescribed electrical equipment as the sale item (an alike item )— (i) is registered under section 139 ; or (ii) was registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time ); or (iii) was registered under a corresponding law at the relevant time; and\n- (i) is registered under section 139 ; or\n- (ii) was registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time ); or\n- (iii) was registered under a corresponding law at the relevant time; and\n- (b) if an energy efficiency label is attached to or accompanies the sale item—the label complies with, and is attached to or accompanies the item in the way required by, section 152 .\n- (i) is registered under section 139 ; or\n- (ii) was registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time ); or\n- (iii) was registered under a corresponding law at the relevant time; and\n- (a) the sale item is registered under a corresponding law; and\n- (b) if an energy efficiency label is attached to or accompanies the sale item—the label complies with, and is attached to or accompanies the item in the way required by, the corresponding law.\n- (a) an alike item was registered under section 139 at the relevant time and any energy efficiency label attached to or accompanying the sale item complies with section 152 in the way required by the relevant standard as it was in force at that time; or\n- (b) an alike item was registered under a corresponding law at the relevant time and any energy efficiency label attached to or accompanying the sale item complies with that law as it was in force at the relevant time; or\n- (c) an alike item was not mentioned in schedule 4 , part 3 as it was in force at the relevant time.","sortOrder":265},{"sectionNumber":"sec.165","sectionType":"section","heading":"Representations about 3-phase cage induction motors","content":"### sec.165 Representations about 3-phase cage induction motors\n\nA person must not represent that a 3-phase cage induction motor mentioned in schedule 4 , part 2 , item 2, is a high efficiency motor unless the motor complies with the high efficiency performance requirements for the item in part 5 of the relevant standard.\nMaximum penalty—20 penalty units.","sortOrder":266},{"sectionNumber":"sec.165A","sectionType":"section","heading":"Representations about digital television set-top boxes","content":"### sec.165A Representations about digital television set-top boxes\n\nA person must not represent that a digital television set-top box mentioned in schedule 4 , part 2 , item 6, is a high efficiency set-top box unless it complies with the high efficiency performance requirements for the item in section 3 of the relevant standard.\nMaximum penalty—20 penalty units.\ns 165A ins 2009 SL No. 138 s 4","sortOrder":267},{"sectionNumber":"sec.165B","sectionType":"section","heading":"Representations about external power supplies","content":"### sec.165B Representations about external power supplies\n\nA person must not represent that an external power supply mentioned in schedule 4 , part 2 , item 7, is a high efficiency power supply unless it complies with the high efficiency performance requirements for the item in section 3 of the relevant standard.\nMaximum penalty—20 penalty units.\ns 165B ins 2009 SL No. 138 s 4","sortOrder":268},{"sectionNumber":"sec.166","sectionType":"section","heading":"Marking and labelling particular fluorescent lamp ballasts","content":"### sec.166 Marking and labelling particular fluorescent lamp ballasts\n\nThis section applies to a fluorescent lamp ballast, other than a ballast to which the standard mentioned in schedule 4 , part 1 , item 6, applies.\nA person must not mark the ballast with an energy efficiency label unless the label—\ncomplies with the labelling requirements of the standard mentioned in subsection (1) ; and\nis marked on the ballast in the way shown in the standard.\nMaximum penalty—20 penalty units.\nIf an energy efficiency label is marked on the ballast, a person must not sell the ballast unless it conforms with the energy efficiency rating shown on the label.\nMaximum penalty—20 penalty units.\ns 166 amd 2009 SL No. 138 s 5\n(sec.166-ssec.1) This section applies to a fluorescent lamp ballast, other than a ballast to which the standard mentioned in schedule 4 , part 1 , item 6, applies.\n(sec.166-ssec.2) A person must not mark the ballast with an energy efficiency label unless the label— complies with the labelling requirements of the standard mentioned in subsection (1) ; and is marked on the ballast in the way shown in the standard. Maximum penalty—20 penalty units.\n(sec.166-ssec.3) If an energy efficiency label is marked on the ballast, a person must not sell the ballast unless it conforms with the energy efficiency rating shown on the label. Maximum penalty—20 penalty units.\n- (a) complies with the labelling requirements of the standard mentioned in subsection (1) ; and\n- (b) is marked on the ballast in the way shown in the standard.","sortOrder":269},{"sectionNumber":"sec.166A","sectionType":"section","heading":null,"content":"### Section sec.166A\n\ns 166A ins 2009 SL No. 172 s 9\namd 2009 SL No. 298 s 7\nexp 31 August 2010 (see s 166A(2))","sortOrder":270},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":271},{"sectionNumber":"sec.167","sectionType":"section","heading":"Definitions for ch 8","content":"### sec.167 Definitions for ch 8\n\nIn this chapter—\nemployment entitlement , of an employee, means each of the following—\nthe employee’s leave entitlement;\nthe period of service that would be relevant for working out the redundancy payment to which the employee would be entitled if the employee was made redundant.\nfuture employer see section 168 (2) (d) .\nprevious employer see section 168 (2) (a) .\nredundancy payment means a payment made to a person because the person became redundant.\nredundant see section 168 (1) .\nredundant employee see section 168 (2) .\nState electricity entity includes an entity declared to be a State electricity entity under section 224 .\nsuitable alternative employment see section 169 .\n- (a) the employee’s leave entitlement;\n- (b) the period of service that would be relevant for working out the redundancy payment to which the employee would be entitled if the employee was made redundant.","sortOrder":272},{"sectionNumber":"sec.168","sectionType":"section","heading":"Meaning of redundant and redundant employee","content":"### sec.168 Meaning of redundant and redundant employee\n\nAn employee becomes redundant if the person’s employer no longer needs or has a substantially diminished need for services of a particular kind performed by the person.\nA person is a redundant employee if—\nthe person was employed by a State electricity entity (the previous employer ); and\nthe person’s employment ended because the person was redundant; and\nthe person has received, or is eligible to receive, a redundancy payment from the previous employer; and\nthe person has not been offered suitable alternative employment by the previous employer or another State electricity entity (each a future employer ).\n(sec.168-ssec.1) An employee becomes redundant if the person’s employer no longer needs or has a substantially diminished need for services of a particular kind performed by the person.\n(sec.168-ssec.2) A person is a redundant employee if— the person was employed by a State electricity entity (the previous employer ); and the person’s employment ended because the person was redundant; and the person has received, or is eligible to receive, a redundancy payment from the previous employer; and the person has not been offered suitable alternative employment by the previous employer or another State electricity entity (each a future employer ).\n- (a) the person was employed by a State electricity entity (the previous employer ); and\n- (b) the person’s employment ended because the person was redundant; and\n- (c) the person has received, or is eligible to receive, a redundancy payment from the previous employer; and\n- (d) the person has not been offered suitable alternative employment by the previous employer or another State electricity entity (each a future employer ).","sortOrder":273},{"sectionNumber":"sec.169","sectionType":"section","heading":"Meaning of suitable alternative employment","content":"### sec.169 Meaning of suitable alternative employment\n\nAlternative employment offered to a person by a future employer is suitable alternative employment only if the following conditions are satisfied—\nthe person’s employment entitlements are continued under the alternative employment;\neither—\nthe person and the previous employer have agreed the alternative employment is the same or substantially the same as the person’s previous employment with the employer; or\nthe Industrial Relations Commission has decided the alternative employment is the same or substantially the same as the person’s previous employment;\nif, on the offer day, the person is a member of a superannuation scheme and the future employer is a subsidiary of a GOC—\nthe person’s membership in the scheme is not affected; and\nthe employer makes, or agrees to make, the superannuation contributions the employer is required to make for the person to the scheme for the benefit of the person.\nSubsection (1) (c) does not apply if the person and future employer enter into an agreement about the superannuation arrangements for the person.\nIn this section—\noffer day , for a person to whom alternative employment is offered, means the day the alternative employment is offered to the person.\n(sec.169-ssec.1) Alternative employment offered to a person by a future employer is suitable alternative employment only if the following conditions are satisfied— the person’s employment entitlements are continued under the alternative employment; either— the person and the previous employer have agreed the alternative employment is the same or substantially the same as the person’s previous employment with the employer; or the Industrial Relations Commission has decided the alternative employment is the same or substantially the same as the person’s previous employment; if, on the offer day, the person is a member of a superannuation scheme and the future employer is a subsidiary of a GOC— the person’s membership in the scheme is not affected; and the employer makes, or agrees to make, the superannuation contributions the employer is required to make for the person to the scheme for the benefit of the person.\n(sec.169-ssec.2) Subsection (1) (c) does not apply if the person and future employer enter into an agreement about the superannuation arrangements for the person.\n(sec.169-ssec.3) In this section— offer day , for a person to whom alternative employment is offered, means the day the alternative employment is offered to the person.\n- (a) the person’s employment entitlements are continued under the alternative employment;\n- (b) either— (i) the person and the previous employer have agreed the alternative employment is the same or substantially the same as the person’s previous employment with the employer; or (ii) the Industrial Relations Commission has decided the alternative employment is the same or substantially the same as the person’s previous employment;\n- (i) the person and the previous employer have agreed the alternative employment is the same or substantially the same as the person’s previous employment with the employer; or\n- (ii) the Industrial Relations Commission has decided the alternative employment is the same or substantially the same as the person’s previous employment;\n- (c) if, on the offer day, the person is a member of a superannuation scheme and the future employer is a subsidiary of a GOC— (i) the person’s membership in the scheme is not affected; and (ii) the employer makes, or agrees to make, the superannuation contributions the employer is required to make for the person to the scheme for the benefit of the person.\n- (i) the person’s membership in the scheme is not affected; and\n- (ii) the employer makes, or agrees to make, the superannuation contributions the employer is required to make for the person to the scheme for the benefit of the person.\n- (i) the person and the previous employer have agreed the alternative employment is the same or substantially the same as the person’s previous employment with the employer; or\n- (ii) the Industrial Relations Commission has decided the alternative employment is the same or substantially the same as the person’s previous employment;\n- (i) the person’s membership in the scheme is not affected; and\n- (ii) the employer makes, or agrees to make, the superannuation contributions the employer is required to make for the person to the scheme for the benefit of the person.","sortOrder":274},{"sectionNumber":"sec.170","sectionType":"section","heading":"Industrial Relations Commission may decide particular matters","content":"### sec.170 Industrial Relations Commission may decide particular matters\n\nIf a person and the person’s previous employer can not agree, after genuinely attempting to come to an agreement, whether alternative employment offered to the person is the same or substantially the same as the person’s previous employment with the employer—\nthe person and employer must—\ntreat the disagreement as an industrial dispute; and\nimmediately give the registrar under the Industrial Relations Act a notice complying with section 229 (3) of that Act for the dispute; and\nchapter 7 , part 2 , of the Industrial Relations Act applies to the disagreement as if—\nthe disagreement were an industrial dispute; and\nthe notice given under paragraph (a) (ii) were given under section 229 (2) of that Act; and\nwithout limiting section 230 (3) and (4) of the Industrial Relations Act , the Industrial Relations Commission may decide whether or not the alternative employment is the same or substantially the same as the person’s previous employment.\n- (a) the person and employer must— (i) treat the disagreement as an industrial dispute; and (ii) immediately give the registrar under the Industrial Relations Act a notice complying with section 229 (3) of that Act for the dispute; and\n- (i) treat the disagreement as an industrial dispute; and\n- (ii) immediately give the registrar under the Industrial Relations Act a notice complying with section 229 (3) of that Act for the dispute; and\n- (b) chapter 7 , part 2 , of the Industrial Relations Act applies to the disagreement as if— (i) the disagreement were an industrial dispute; and (ii) the notice given under paragraph (a) (ii) were given under section 229 (2) of that Act; and\n- (i) the disagreement were an industrial dispute; and\n- (ii) the notice given under paragraph (a) (ii) were given under section 229 (2) of that Act; and\n- (c) without limiting section 230 (3) and (4) of the Industrial Relations Act , the Industrial Relations Commission may decide whether or not the alternative employment is the same or substantially the same as the person’s previous employment.\n- (i) treat the disagreement as an industrial dispute; and\n- (ii) immediately give the registrar under the Industrial Relations Act a notice complying with section 229 (3) of that Act for the dispute; and\n- (i) the disagreement were an industrial dispute; and\n- (ii) the notice given under paragraph (a) (ii) were given under section 229 (2) of that Act; and","sortOrder":275},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"General employment conditions and entitlements","content":"# General employment conditions and entitlements","sortOrder":276},{"sectionNumber":"sec.171","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.171 Definitions for pt 2\n\nIn this part—\nEGTS award means the Electricity Generation Transmission and Supply Award—State.\nindustrial instrument means an industrial instrument under the Industrial Relations Act .","sortOrder":277},{"sectionNumber":"sec.172","sectionType":"section","heading":"EGTS award is binding","content":"### sec.172 EGTS award is binding\n\nThe EGTS award binds a State electricity entity and each of its electricity industry employees.","sortOrder":278},{"sectionNumber":"sec.173","sectionType":"section","heading":"Secondment does not affect employment in the GOE industry","content":"### sec.173 Secondment does not affect employment in the GOE industry\n\nA person employed by a State electricity entity is taken, while performing duties on secondment to another entity, to continue to be employed by the State electricity entity.","sortOrder":279},{"sectionNumber":"sec.174","sectionType":"section","heading":"Continuous service","content":"### sec.174 Continuous service\n\nIf an employee works, takes authorised leave, or is paid for an absence under the Workers’ Compensation and Rehabilitation Act 2003 for an injury sustained by the employee, a period when the employee is or would be rostered for work is a period of continuous service by the employee.\nA full-time employee has a fortnight of continuous service, even though a rostered day off is taken in the fortnight.\nA part-time employee has a fortnight of continuous service if the employee works the days rostered for the employee in the fortnight.\n- 1 A full-time employee has a fortnight of continuous service, even though a rostered day off is taken in the fortnight.\n- 2 A part-time employee has a fortnight of continuous service if the employee works the days rostered for the employee in the fortnight.","sortOrder":280},{"sectionNumber":"sec.175","sectionType":"section","heading":"Calculation at a proportionate rate for particular employee","content":"### sec.175 Calculation at a proportionate rate for particular employee\n\nIf this chapter provides, for a part-time employee, a quantity or amount (the proportionate amount ) to be a proportion of another quantity or amount relating to a full-time employee (the regular amount ), the proportionate amount must be worked out as follows—\nIn subsection (1) —\nwork hours means the period (in hours and, if necessary, a fraction of an hour) for which the part-time employee is scheduled to work.\n(sec.175-ssec.1) If this chapter provides, for a part-time employee, a quantity or amount (the proportionate amount ) to be a proportion of another quantity or amount relating to a full-time employee (the regular amount ), the proportionate amount must be worked out as follows—\n(sec.175-ssec.2) In subsection (1) — work hours means the period (in hours and, if necessary, a fraction of an hour) for which the part-time employee is scheduled to work.","sortOrder":281},{"sectionNumber":"sec.176","sectionType":"section","heading":"Chapter 8 prevails over industrial instruments","content":"### sec.176 Chapter 8 prevails over industrial instruments\n\nIf there is any inconsistency between this chapter and the EGTS award or another industrial instrument that applies to electricity industry employees of State electricity entities, this chapter prevails to the extent of the inconsistency.","sortOrder":282},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Transfer of employment within GOE industry","content":"# Transfer of employment within GOE industry","sortOrder":283},{"sectionNumber":"sec.177","sectionType":"section","heading":"Application of pt 3","content":"### sec.177 Application of pt 3\n\nThis part applies to a person who transfers employment within the GOE industry (the transferred employee ).","sortOrder":284},{"sectionNumber":"sec.178","sectionType":"section","heading":"When there is transfer of employment within GOE industry","content":"### sec.178 When there is transfer of employment within GOE industry\n\nIn this part, a person employed in the GOE industry transfers employment within the GOE industry if the person resigns from employment with a State electricity entity (the former employer ) to be employed by another State electricity entity (the new employer ).\nFor subsection (1) , a person does not resign from employment with a State electricity entity if the person becomes a redundant employee for the entity.\nThe transfer is effective when the employee starts employment with the new employer (the transfer day ).\n(sec.178-ssec.1) In this part, a person employed in the GOE industry transfers employment within the GOE industry if the person resigns from employment with a State electricity entity (the former employer ) to be employed by another State electricity entity (the new employer ).\n(sec.178-ssec.2) For subsection (1) , a person does not resign from employment with a State electricity entity if the person becomes a redundant employee for the entity.\n(sec.178-ssec.3) The transfer is effective when the employee starts employment with the new employer (the transfer day ).","sortOrder":285},{"sectionNumber":"sec.179","sectionType":"section","heading":"When employment with former employer and new employer is taken to be continuous service","content":"### sec.179 When employment with former employer and new employer is taken to be continuous service\n\nThis section applies if the transfer day is no more than 1 month after the transferred employee ends employment with the former employer.\nTo decide employment entitlements of the transferred employee as an employee of the new employer—\nthe employee’s continuous service in the GOE industry immediately before ending employment with the former employer is taken to be service continuous with service with the new employer from the transfer day; and\nthe employee’s leave entitlement is reduced by leave accrued (or a pro rata amount for leave not yet accrued) during the service and taken or paid for by an employer of the employee.\n(sec.179-ssec.1) This section applies if the transfer day is no more than 1 month after the transferred employee ends employment with the former employer.\n(sec.179-ssec.2) To decide employment entitlements of the transferred employee as an employee of the new employer— the employee’s continuous service in the GOE industry immediately before ending employment with the former employer is taken to be service continuous with service with the new employer from the transfer day; and the employee’s leave entitlement is reduced by leave accrued (or a pro rata amount for leave not yet accrued) during the service and taken or paid for by an employer of the employee.\n- (a) the employee’s continuous service in the GOE industry immediately before ending employment with the former employer is taken to be service continuous with service with the new employer from the transfer day; and\n- (b) the employee’s leave entitlement is reduced by leave accrued (or a pro rata amount for leave not yet accrued) during the service and taken or paid for by an employer of the employee.","sortOrder":286},{"sectionNumber":"sec.180","sectionType":"section","heading":"Transferred employee may elect for leave entitlement to become leave entitlement with new employer","content":"### sec.180 Transferred employee may elect for leave entitlement to become leave entitlement with new employer\n\nThis section applies if the transferred employee is entitled to payment by the former employer of an amount as cash equivalent for accrued leave (or a pro rata amount for leave not yet accrued).\nBefore the transfer day, the employee may, by written notice to the former employer, elect for payment not to be made to the employee and, instead, an equivalent amount of leave to be treated as leave accrued by the employee as an employee of the new employer or, for the pro rata amount, as service with the new employer.\nThe election may be for all or part of the payment.\nOn the making of the election, the former employer must pay the amount stated in the notice not to the employee but to the new employer and give the new employer a certificate of the amount of the leave, or service for which a pro rata amount would have been paid, to which the payment relates.\nThe new employer must treat the employee as having accrued the leave or, for the pro rata amount, having the service with the new employer.\n(sec.180-ssec.1) This section applies if the transferred employee is entitled to payment by the former employer of an amount as cash equivalent for accrued leave (or a pro rata amount for leave not yet accrued).\n(sec.180-ssec.2) Before the transfer day, the employee may, by written notice to the former employer, elect for payment not to be made to the employee and, instead, an equivalent amount of leave to be treated as leave accrued by the employee as an employee of the new employer or, for the pro rata amount, as service with the new employer.\n(sec.180-ssec.3) The election may be for all or part of the payment.\n(sec.180-ssec.4) On the making of the election, the former employer must pay the amount stated in the notice not to the employee but to the new employer and give the new employer a certificate of the amount of the leave, or service for which a pro rata amount would have been paid, to which the payment relates.\n(sec.180-ssec.5) The new employer must treat the employee as having accrued the leave or, for the pro rata amount, having the service with the new employer.","sortOrder":287},{"sectionNumber":"sec.181","sectionType":"section","heading":"Payment by former employer to new employer towards long service leave entitlements not accrued on transfer","content":"### sec.181 Payment by former employer to new employer towards long service leave entitlements not accrued on transfer\n\nThis section applies if—\nat the transfer day, the transferred employee did not have accrued long service leave entitlements; and\nthe employee later accrues a long service leave entitlement by counting service with the former employer as service with the new employer.\nIf asked by the new employer, the former employer must pay the new employer an amount for the long service leave entitlements that would have accrued to the former employee because of the employee’s service with the former employer had there been no limit on the employee’s period of service before the leave entitlement accrued.\nThe amount is the amount the employee would have been paid by the former employer if the employee had, immediately before the transfer day, taken the proportion of the leave accrued relating to the service up to the transfer day.\n(sec.181-ssec.1) This section applies if— at the transfer day, the transferred employee did not have accrued long service leave entitlements; and the employee later accrues a long service leave entitlement by counting service with the former employer as service with the new employer.\n(sec.181-ssec.2) If asked by the new employer, the former employer must pay the new employer an amount for the long service leave entitlements that would have accrued to the former employee because of the employee’s service with the former employer had there been no limit on the employee’s period of service before the leave entitlement accrued.\n(sec.181-ssec.3) The amount is the amount the employee would have been paid by the former employer if the employee had, immediately before the transfer day, taken the proportion of the leave accrued relating to the service up to the transfer day.\n- (a) at the transfer day, the transferred employee did not have accrued long service leave entitlements; and\n- (b) the employee later accrues a long service leave entitlement by counting service with the former employer as service with the new employer.","sortOrder":288},{"sectionNumber":"sec.182","sectionType":"section","heading":"Transferred employees not made redundant","content":"### sec.182 Transferred employees not made redundant\n\nA transferred employee is not made redundant merely because of the transfer.","sortOrder":289},{"sectionNumber":"sec.183","sectionType":"section","heading":"Particular new employers must pay superannuation into transferred employee’s existing scheme","content":"### sec.183 Particular new employers must pay superannuation into transferred employee’s existing scheme\n\nThis section applies if—\nthe new employer is a subsidiary of a GOC; and\nimmediately before the transfer day, the transferred employee was a member of a superannuation scheme (the employee’s existing scheme ).\nHowever, this section does not apply if the transferred employee and new employer have entered into an agreement about the superannuation arrangements for the employee.\nThe new employer must ensure—\nthe transferred employee’s membership in the employee’s existing scheme is not affected; and\nthe superannuation contributions the employer is required to make for the employee are paid, for the benefit of the employee, into the employee’s existing scheme.\n(sec.183-ssec.1) This section applies if— the new employer is a subsidiary of a GOC; and immediately before the transfer day, the transferred employee was a member of a superannuation scheme (the employee’s existing scheme ).\n(sec.183-ssec.2) However, this section does not apply if the transferred employee and new employer have entered into an agreement about the superannuation arrangements for the employee.\n(sec.183-ssec.3) The new employer must ensure— the transferred employee’s membership in the employee’s existing scheme is not affected; and the superannuation contributions the employer is required to make for the employee are paid, for the benefit of the employee, into the employee’s existing scheme.\n- (a) the new employer is a subsidiary of a GOC; and\n- (b) immediately before the transfer day, the transferred employee was a member of a superannuation scheme (the employee’s existing scheme ).\n- (a) the transferred employee’s membership in the employee’s existing scheme is not affected; and\n- (b) the superannuation contributions the employer is required to make for the employee are paid, for the benefit of the employee, into the employee’s existing scheme.","sortOrder":290},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Recognition of previous service other than on transfer","content":"# Recognition of previous service other than on transfer","sortOrder":291},{"sectionNumber":"sec.184","sectionType":"section","heading":"Application of pt 4","content":"### sec.184 Application of pt 4\n\nThis part applies to a person who was formerly employed in the GOE industry or the Queensland electricity supply industry within the meaning of the repealed Electricity Act 1976 (the former employment ), and is later employed in the GOE industry (the new employment ), if the person—\nhad been compulsorily retired from the former employment because of ill health, or voluntarily finished employment because of ill health, and the former employer certifies accordingly; or\nresigned the former employment within 3 months before starting the new employment; or\nis not a redundant employee.\nFor subsection (1) (b) , an employee finishes employment on the day when all leave entitlements for which the employee was paid a cash equivalent on finishing the employment would have ended if the entitlements had been taken as leave.\n(sec.184-ssec.1) This part applies to a person who was formerly employed in the GOE industry or the Queensland electricity supply industry within the meaning of the repealed Electricity Act 1976 (the former employment ), and is later employed in the GOE industry (the new employment ), if the person— had been compulsorily retired from the former employment because of ill health, or voluntarily finished employment because of ill health, and the former employer certifies accordingly; or resigned the former employment within 3 months before starting the new employment; or is not a redundant employee.\n(sec.184-ssec.2) For subsection (1) (b) , an employee finishes employment on the day when all leave entitlements for which the employee was paid a cash equivalent on finishing the employment would have ended if the entitlements had been taken as leave.\n- (a) had been compulsorily retired from the former employment because of ill health, or voluntarily finished employment because of ill health, and the former employer certifies accordingly; or\n- (b) resigned the former employment within 3 months before starting the new employment; or\n- (c) is not a redundant employee.","sortOrder":292},{"sectionNumber":"sec.185","sectionType":"section","heading":"Recognition of previous service","content":"### sec.185 Recognition of previous service\n\nThe new employer must recognise the period of service of the former employment in working out the period of service in the new employment.\nAn employer may recognise, or agree to recognise, previous service of an employee for leave or other purposes only if—\nthis part applies; or\nthe employer is satisfied special circumstances exist in the particular case.\nSubsection (2) is subject to any Act, law or award binding on the employer providing for recognition of the previous service of the employee on conditions more favourable to the employee than the conditions in the subsection.\nAn employee in the GOE industry is entitled to any leave or other entitlement accruing because of the recognition of service under this part, but leave or other entitlement availed of, or for which the employee was paid a cash equivalent, must be deducted from the accrued entitlement.\nAn appeal does not lie against a decision of the employer about the existence or otherwise of special circumstances under subsection (2) (b) .\nThe new employer must give the employee a written notice about a decision made under this section.\n(sec.185-ssec.1) The new employer must recognise the period of service of the former employment in working out the period of service in the new employment.\n(sec.185-ssec.2) An employer may recognise, or agree to recognise, previous service of an employee for leave or other purposes only if— this part applies; or the employer is satisfied special circumstances exist in the particular case.\n(sec.185-ssec.3) Subsection (2) is subject to any Act, law or award binding on the employer providing for recognition of the previous service of the employee on conditions more favourable to the employee than the conditions in the subsection.\n(sec.185-ssec.4) An employee in the GOE industry is entitled to any leave or other entitlement accruing because of the recognition of service under this part, but leave or other entitlement availed of, or for which the employee was paid a cash equivalent, must be deducted from the accrued entitlement.\n(sec.185-ssec.5) An appeal does not lie against a decision of the employer about the existence or otherwise of special circumstances under subsection (2) (b) .\n(sec.185-ssec.6) The new employer must give the employee a written notice about a decision made under this section.\n- (a) this part applies; or\n- (b) the employer is satisfied special circumstances exist in the particular case.","sortOrder":293},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Long service leave","content":"# Long service leave","sortOrder":294},{"sectionNumber":"ch.8-pt.5-div.1","sectionType":"division","heading":"Entitlement","content":"## Entitlement","sortOrder":295},{"sectionNumber":"sec.186","sectionType":"section","heading":"Entitlement to long service leave","content":"### sec.186 Entitlement to long service leave\n\nA GOE industry employee is entitled to long service leave under this part if—\nthe employee has at least 10 years continuous service; or\nthe employee resigns because of a domestic or other pressing necessity and has at least 7 years continuous service ending when the person resigns; or\nthe person dies or resigns and has at least 5 years continuous service ending when the person dies or resigns.\nHowever, subsection (1) (c) applies to an employee who resigns before reaching 55 only if the employee gives to the employer a certificate, from an appropriate doctor, stating the person can not continue in the person’s present employment because of the employee’s ill health.\nThis part does not limit another entitlement to long service leave that the employee may have.\nIn this section—\nappropriate doctor means a doctor who the employer is satisfied has the appropriate expertise to decide whether or not the person is able to continue in the person’s present employment.\n(sec.186-ssec.1) A GOE industry employee is entitled to long service leave under this part if— the employee has at least 10 years continuous service; or the employee resigns because of a domestic or other pressing necessity and has at least 7 years continuous service ending when the person resigns; or the person dies or resigns and has at least 5 years continuous service ending when the person dies or resigns.\n(sec.186-ssec.2) However, subsection (1) (c) applies to an employee who resigns before reaching 55 only if the employee gives to the employer a certificate, from an appropriate doctor, stating the person can not continue in the person’s present employment because of the employee’s ill health.\n(sec.186-ssec.3) This part does not limit another entitlement to long service leave that the employee may have.\n(sec.186-ssec.4) In this section— appropriate doctor means a doctor who the employer is satisfied has the appropriate expertise to decide whether or not the person is able to continue in the person’s present employment.\n- (a) the employee has at least 10 years continuous service; or\n- (b) the employee resigns because of a domestic or other pressing necessity and has at least 7 years continuous service ending when the person resigns; or\n- (c) the person dies or resigns and has at least 5 years continuous service ending when the person dies or resigns.","sortOrder":296},{"sectionNumber":"sec.187","sectionType":"section","heading":"Service recognised for long service leave purposes","content":"### sec.187 Service recognised for long service leave purposes\n\nFor this part, continuous service for a GOE industry employee means—\nservice that is actually continuous or taken to be continuous under section 179 ; and\na period of former service that is, under section 185 , recognised for working out the period of service of the employee in the GOE industry; and\nfor an employee who became a GOE industry employee on 1 January 1995 because of the repealed Government Owned Corporations (QGC Corporatisation) Regulation 1994 or the repealed Government Owned Corporations (QTSC Corporatisation) Regulation 1994 —previous service, including broken service, recognised as service for long service leave purposes under the repealed Electricity Act 1976 .\n- (a) service that is actually continuous or taken to be continuous under section 179 ; and\n- (b) a period of former service that is, under section 185 , recognised for working out the period of service of the employee in the GOE industry; and\n- (c) for an employee who became a GOE industry employee on 1 January 1995 because of the repealed Government Owned Corporations (QGC Corporatisation) Regulation 1994 or the repealed Government Owned Corporations (QTSC Corporatisation) Regulation 1994 —previous service, including broken service, recognised as service for long service leave purposes under the repealed Electricity Act 1976 .","sortOrder":297},{"sectionNumber":"sec.188","sectionType":"section","heading":"Casual employees","content":"### sec.188 Casual employees\n\nThe service of a GOE industry employee with a State electricity entity (the employer ) who has been employed more than once by 1 or more State electricity entities over a period is continuous service with the employer even though—\nthe employment is broken; or\nany of the employment is not full-time employment; or\nthe employee is employed by the entity or entities under 2 or more employment contracts; or\nthe employee would, apart from this section, be taken to be engaged in casual employment; or\nthe employee has engaged in other employment during the period.\nHowever, the continuous service ends if the employment is broken by more than 3 months between the end of 1 employment contract and the start of the next employment contract.\nIn working out the length of a the employee’s continuous service—\nservice by the employee before 23 June 1990 must not be taken into account; and\nsubject to subsection (2) , a period when the employee was not employed by the entity or entities must be taken into account.\n(sec.188-ssec.1) The service of a GOE industry employee with a State electricity entity (the employer ) who has been employed more than once by 1 or more State electricity entities over a period is continuous service with the employer even though— the employment is broken; or any of the employment is not full-time employment; or the employee is employed by the entity or entities under 2 or more employment contracts; or the employee would, apart from this section, be taken to be engaged in casual employment; or the employee has engaged in other employment during the period.\n(sec.188-ssec.2) However, the continuous service ends if the employment is broken by more than 3 months between the end of 1 employment contract and the start of the next employment contract.\n(sec.188-ssec.3) In working out the length of a the employee’s continuous service— service by the employee before 23 June 1990 must not be taken into account; and subject to subsection (2) , a period when the employee was not employed by the entity or entities must be taken into account.\n- (a) the employment is broken; or\n- (b) any of the employment is not full-time employment; or\n- (c) the employee is employed by the entity or entities under 2 or more employment contracts; or\n- (d) the employee would, apart from this section, be taken to be engaged in casual employment; or\n- (e) the employee has engaged in other employment during the period.\n- (a) service by the employee before 23 June 1990 must not be taken into account; and\n- (b) subject to subsection (2) , a period when the employee was not employed by the entity or entities must be taken into account.","sortOrder":298},{"sectionNumber":"sec.189","sectionType":"section","heading":"Periods of absence without pay that count as service","content":"### sec.189 Periods of absence without pay that count as service\n\nIn this part, an employee’s absence without pay from employment is counted as the employee’s service only if—\nthe absence is as sick leave for no more than 3 months; or\nthe employee is paid for the absence under the Workers’ Compensation and Rehabilitation Act 2003 for an injury sustained by the employee; or\nthe absence is for leave, other than sick leave, of no more than 2 weeks granted by the employer; or\nthe employer has approved the inclusion of the period of the absence in the employee’s period of service for this part; or\nthe employee is a casual employee and section 188 applies.\n- (a) the absence is as sick leave for no more than 3 months; or\n- (b) the employee is paid for the absence under the Workers’ Compensation and Rehabilitation Act 2003 for an injury sustained by the employee; or\n- (c) the absence is for leave, other than sick leave, of no more than 2 weeks granted by the employer; or\n- (d) the employer has approved the inclusion of the period of the absence in the employee’s period of service for this part; or\n- (e) the employee is a casual employee and section 188 applies.","sortOrder":299},{"sectionNumber":"sec.190","sectionType":"section","heading":"Calculation of long service leave","content":"### sec.190 Calculation of long service leave\n\nLong service leave is calculated at the rate of 1.3 weeks on the appropriate pay for each year of the employee’s continuous service.\nThe appropriate pay is—\nfor a full-time employee—at the full pay rate; and\nfor a part-time employee—at a proportionate amount of full pay rate; and\nfor a casual employee—the hourly rate for ordinary time payable to the employee—\nif the employee takes the long service leave—on the day the employee starts the leave; or\nif the employee’s employment is terminated—on the day the termination takes effect.\nThe minimum amount payable to a casual employee for long service leave is worked out using the formula—\nwhere—\nactual service means the total ordinary working hours actually worked by the employee during the employee’s period of continuous service.\nhourly rate means the hourly rate under subsection (2) (c) .\n(sec.190-ssec.1) Long service leave is calculated at the rate of 1.3 weeks on the appropriate pay for each year of the employee’s continuous service.\n(sec.190-ssec.2) The appropriate pay is— for a full-time employee—at the full pay rate; and for a part-time employee—at a proportionate amount of full pay rate; and for a casual employee—the hourly rate for ordinary time payable to the employee— if the employee takes the long service leave—on the day the employee starts the leave; or if the employee’s employment is terminated—on the day the termination takes effect.\n(sec.190-ssec.3) The minimum amount payable to a casual employee for long service leave is worked out using the formula— where— actual service means the total ordinary working hours actually worked by the employee during the employee’s period of continuous service. hourly rate means the hourly rate under subsection (2) (c) .\n- (a) for a full-time employee—at the full pay rate; and\n- (b) for a part-time employee—at a proportionate amount of full pay rate; and\n- (c) for a casual employee—the hourly rate for ordinary time payable to the employee— (i) if the employee takes the long service leave—on the day the employee starts the leave; or (ii) if the employee’s employment is terminated—on the day the termination takes effect.\n- (i) if the employee takes the long service leave—on the day the employee starts the leave; or\n- (ii) if the employee’s employment is terminated—on the day the termination takes effect.\n- (i) if the employee takes the long service leave—on the day the employee starts the leave; or\n- (ii) if the employee’s employment is terminated—on the day the termination takes effect.","sortOrder":300},{"sectionNumber":"sec.191","sectionType":"section","heading":"Casual employees—conversion to full-time equivalent","content":"### sec.191 Casual employees—conversion to full-time equivalent\n\nA State electricity entity may agree with a casual employee that the employee’s entitlement to long service leave may be taken in the form of its full-time equivalent.\nIf a casual employee—\nis entitled to be paid for 290 hours long service leave; and\nworks under an award that provides for a full-time working week of 36.25 ordinary working hours;\nthe employee and the employer may agree that the employee takes 8 weeks leave (290 ÷36.25 = 8).\nThis section applies subject to an industrial instrument about the employee’s long service leave.\n(sec.191-ssec.1) A State electricity entity may agree with a casual employee that the employee’s entitlement to long service leave may be taken in the form of its full-time equivalent. If a casual employee— is entitled to be paid for 290 hours long service leave; and works under an award that provides for a full-time working week of 36.25 ordinary working hours; the employee and the employer may agree that the employee takes 8 weeks leave (290 ÷36.25 = 8).\n(sec.191-ssec.2) This section applies subject to an industrial instrument about the employee’s long service leave.\n- (a) is entitled to be paid for 290 hours long service leave; and\n- (b) works under an award that provides for a full-time working week of 36.25 ordinary working hours;","sortOrder":301},{"sectionNumber":"ch.8-pt.5-div.2","sectionType":"division","heading":"Obtaining long service leave","content":"## Obtaining long service leave","sortOrder":302},{"sectionNumber":"sec.192","sectionType":"section","heading":"Application for long service leave","content":"### sec.192 Application for long service leave\n\nAn employee who has an entitlement to long service leave and wishes to take long service leave must make written application for the leave to the employer giving timely notice of the wish to start the leave.","sortOrder":303},{"sectionNumber":"sec.193","sectionType":"section","heading":"Employer’s right to refuse or defer long service leave","content":"### sec.193 Employer’s right to refuse or defer long service leave\n\nAn employer may refuse an employee’s application for long service leave if—\ntimely notice was not given; or\nthe granting of the leave applied for would be unreasonably detrimental to the work of the work unit in which the applicant is employed.\nIf the application is refused, the employer must arrange with the employee for the leave applied for to be taken as soon as is mutually convenient.\n(sec.193-ssec.1) An employer may refuse an employee’s application for long service leave if— timely notice was not given; or the granting of the leave applied for would be unreasonably detrimental to the work of the work unit in which the applicant is employed.\n(sec.193-ssec.2) If the application is refused, the employer must arrange with the employee for the leave applied for to be taken as soon as is mutually convenient.\n- (a) timely notice was not given; or\n- (b) the granting of the leave applied for would be unreasonably detrimental to the work of the work unit in which the applicant is employed.","sortOrder":304},{"sectionNumber":"ch.8-pt.5-div.3","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":305},{"sectionNumber":"sec.194","sectionType":"section","heading":"Minimum period","content":"### sec.194 Minimum period\n\nThe minimum period of long service leave that may be granted at a time is 2 weeks.","sortOrder":306},{"sectionNumber":"sec.195","sectionType":"section","heading":"Employer’s right to recall an employee from leave","content":"### sec.195 Employer’s right to recall an employee from leave\n\nIf special circumstances exist, an employer may cancel long service leave already granted or recall an employee to duty from long service leave.\nIf an employer acts under subsection (1) , the employee has a discretion—\nto agree with the employer to take the long service leave, or the balance of long service leave, at a mutually convenient time; or\nto require the employer to credit the leave or balance of leave to the employee’s undrawn long service leave entitlement.\n(sec.195-ssec.1) If special circumstances exist, an employer may cancel long service leave already granted or recall an employee to duty from long service leave.\n(sec.195-ssec.2) If an employer acts under subsection (1) , the employee has a discretion— to agree with the employer to take the long service leave, or the balance of long service leave, at a mutually convenient time; or to require the employer to credit the leave or balance of leave to the employee’s undrawn long service leave entitlement.\n- (a) to agree with the employer to take the long service leave, or the balance of long service leave, at a mutually convenient time; or\n- (b) to require the employer to credit the leave or balance of leave to the employee’s undrawn long service leave entitlement.","sortOrder":307},{"sectionNumber":"sec.196","sectionType":"section","heading":"Public holidays happening during long service leave","content":"### sec.196 Public holidays happening during long service leave\n\nIf an employee is entitled under the employee’s terms of employment to a particular public holiday and the public holiday happens during a period when the employee is absent on long service leave, a day is added to the employee’s period of leave.","sortOrder":308},{"sectionNumber":"sec.197","sectionType":"section","heading":"Illness during long service leave","content":"### sec.197 Illness during long service leave\n\nThis section applies if, for a period of at least 1 week while an employee is on long service leave, the employee could not, if the employee had not been on leave, have performed the employee’s normal duties because of illness or injury.\nThe employer must approve the granting of sick leave instead of long service leave for the period of the inability to perform normal duties if—\nthe employee makes written application for the leave; and\nthe employee produces a medical certificate from a doctor stating the employee, if the employee had not been on leave, could not have performed the employee’s normal duties because of illness or injury; and\nthe entire period mentioned in subsection (1) is covered by the medical certificate produced; and\nsick leave is available to the employee.\nSubsection (2) may apply to more than 1 period of sick leave if subsection (2) is complied with for each period.\nThe period of sick leave granted instead of long service leave under subsection (2) (the adjusted period ) is the period for which the employee would have been absent on sick leave had the employee not been on long service leave.\nIf an employee is granted a period of sick leave under subsection (2) —\nthe day the employee is to resume duties after the long service leave is not affected; and\nthe adjusted period is added to the employee’s entitlement to long service leave.\nAs soon as practicable after being granted a period of sick leave under subsection (2) , the employee may ask the employer for an extension of the period for which the employee is currently absent on long service leave.\nIf the employer agrees to the request—\nthe period for which the employee is currently absent on long service leave is extended by the adjusted period; and\nthe employee’s entitlement to long service leave is not affected.\nThis section applies despite section 189 but subject to section 195 .\n(sec.197-ssec.1) This section applies if, for a period of at least 1 week while an employee is on long service leave, the employee could not, if the employee had not been on leave, have performed the employee’s normal duties because of illness or injury.\n(sec.197-ssec.2) The employer must approve the granting of sick leave instead of long service leave for the period of the inability to perform normal duties if— the employee makes written application for the leave; and the employee produces a medical certificate from a doctor stating the employee, if the employee had not been on leave, could not have performed the employee’s normal duties because of illness or injury; and the entire period mentioned in subsection (1) is covered by the medical certificate produced; and sick leave is available to the employee.\n(sec.197-ssec.3) Subsection (2) may apply to more than 1 period of sick leave if subsection (2) is complied with for each period.\n(sec.197-ssec.4) The period of sick leave granted instead of long service leave under subsection (2) (the adjusted period ) is the period for which the employee would have been absent on sick leave had the employee not been on long service leave.\n(sec.197-ssec.5) If an employee is granted a period of sick leave under subsection (2) — the day the employee is to resume duties after the long service leave is not affected; and the adjusted period is added to the employee’s entitlement to long service leave.\n(sec.197-ssec.6) As soon as practicable after being granted a period of sick leave under subsection (2) , the employee may ask the employer for an extension of the period for which the employee is currently absent on long service leave.\n(sec.197-ssec.7) If the employer agrees to the request— the period for which the employee is currently absent on long service leave is extended by the adjusted period; and the employee’s entitlement to long service leave is not affected.\n(sec.197-ssec.8) This section applies despite section 189 but subject to section 195 .\n- (a) the employee makes written application for the leave; and\n- (b) the employee produces a medical certificate from a doctor stating the employee, if the employee had not been on leave, could not have performed the employee’s normal duties because of illness or injury; and\n- (c) the entire period mentioned in subsection (1) is covered by the medical certificate produced; and\n- (d) sick leave is available to the employee.\n- (a) the day the employee is to resume duties after the long service leave is not affected; and\n- (b) the adjusted period is added to the employee’s entitlement to long service leave.\n- (a) the period for which the employee is currently absent on long service leave is extended by the adjusted period; and\n- (b) the employee’s entitlement to long service leave is not affected.","sortOrder":309},{"sectionNumber":"sec.198","sectionType":"section","heading":"Payment of cash equivalent of long service leave","content":"### sec.198 Payment of cash equivalent of long service leave\n\nThis section applies if, on the day an employee’s employment ends (the last day ), the employee is entitled to a period of long service leave.\nThe employer must make a payment instead of granting the employee the period of long service leave.\nThe amount of the payment is an amount equal to the amount that would have been paid to the employee if the employee had, on the last day, taken all long service leave to which the employee was entitled on the last day.\nIf the employee has not died, the employer must pay the amount to the employee on the last day.\nIf the employee has died, the employer must pay the amount as soon as is practicable—\nto the persons (if any) who, the employer is satisfied, are completely or substantially dependent on the earnings of the employee; or\nin other cases—to the employee’s personal representative.\n(sec.198-ssec.1) This section applies if, on the day an employee’s employment ends (the last day ), the employee is entitled to a period of long service leave.\n(sec.198-ssec.2) The employer must make a payment instead of granting the employee the period of long service leave.\n(sec.198-ssec.3) The amount of the payment is an amount equal to the amount that would have been paid to the employee if the employee had, on the last day, taken all long service leave to which the employee was entitled on the last day.\n(sec.198-ssec.4) If the employee has not died, the employer must pay the amount to the employee on the last day.\n(sec.198-ssec.5) If the employee has died, the employer must pay the amount as soon as is practicable— to the persons (if any) who, the employer is satisfied, are completely or substantially dependent on the earnings of the employee; or in other cases—to the employee’s personal representative.\n- (a) to the persons (if any) who, the employer is satisfied, are completely or substantially dependent on the earnings of the employee; or\n- (b) in other cases—to the employee’s personal representative.","sortOrder":310},{"sectionNumber":"sec.199","sectionType":"section","heading":"Preservation of particular existing rights","content":"### sec.199 Preservation of particular existing rights\n\nThis section applies to an employee (the affected employee ) who—\nbecame a GOE industry employee on 1 January 1995 because of the repealed—\nGovernment Owned Corporations (QGC Corporatisation) Regulation 1994 ; or\nGovernment Owned Corporations (QTSC Corporatisation) Regulation 1994 ; and\nunder the long service leave arrangements under the repealed Electricity Act 1976 , would have been entitled—\nto a greater period of long service leave than the entitlement under this regulation; or\nto an amount of cash equivalent of long service leave greater than the amount of cash equivalent of long service leave to which the employee is entitled under this part; or\neither to long service leave or to a cash equivalent of long service leave under the arrangements and who is not entitled to long service leave or a cash equivalent of long service leave under this part.\nThe affected employee is entitled to be—\ngranted the greater period of long service leave; or\npaid the amount of cash equivalent of long service leave that is greater in amount; or\ngranted the long service leave or paid the cash equivalent of long service leave to which the employee would have been entitled if the long service leave arrangements had remained in force.\nThe granting of long service leave or the payment of a cash equivalent of long service leave under this section is otherwise subject to this part.\n(sec.199-ssec.1) This section applies to an employee (the affected employee ) who— became a GOE industry employee on 1 January 1995 because of the repealed— Government Owned Corporations (QGC Corporatisation) Regulation 1994 ; or Government Owned Corporations (QTSC Corporatisation) Regulation 1994 ; and under the long service leave arrangements under the repealed Electricity Act 1976 , would have been entitled— to a greater period of long service leave than the entitlement under this regulation; or to an amount of cash equivalent of long service leave greater than the amount of cash equivalent of long service leave to which the employee is entitled under this part; or either to long service leave or to a cash equivalent of long service leave under the arrangements and who is not entitled to long service leave or a cash equivalent of long service leave under this part.\n(sec.199-ssec.2) The affected employee is entitled to be— granted the greater period of long service leave; or paid the amount of cash equivalent of long service leave that is greater in amount; or granted the long service leave or paid the cash equivalent of long service leave to which the employee would have been entitled if the long service leave arrangements had remained in force.\n(sec.199-ssec.3) The granting of long service leave or the payment of a cash equivalent of long service leave under this section is otherwise subject to this part.\n- (a) became a GOE industry employee on 1 January 1995 because of the repealed— (i) Government Owned Corporations (QGC Corporatisation) Regulation 1994 ; or (ii) Government Owned Corporations (QTSC Corporatisation) Regulation 1994 ; and\n- (i) Government Owned Corporations (QGC Corporatisation) Regulation 1994 ; or\n- (ii) Government Owned Corporations (QTSC Corporatisation) Regulation 1994 ; and\n- (b) under the long service leave arrangements under the repealed Electricity Act 1976 , would have been entitled— (i) to a greater period of long service leave than the entitlement under this regulation; or (ii) to an amount of cash equivalent of long service leave greater than the amount of cash equivalent of long service leave to which the employee is entitled under this part; or (iii) either to long service leave or to a cash equivalent of long service leave under the arrangements and who is not entitled to long service leave or a cash equivalent of long service leave under this part.\n- (i) to a greater period of long service leave than the entitlement under this regulation; or\n- (ii) to an amount of cash equivalent of long service leave greater than the amount of cash equivalent of long service leave to which the employee is entitled under this part; or\n- (iii) either to long service leave or to a cash equivalent of long service leave under the arrangements and who is not entitled to long service leave or a cash equivalent of long service leave under this part.\n- (i) Government Owned Corporations (QGC Corporatisation) Regulation 1994 ; or\n- (ii) Government Owned Corporations (QTSC Corporatisation) Regulation 1994 ; and\n- (i) to a greater period of long service leave than the entitlement under this regulation; or\n- (ii) to an amount of cash equivalent of long service leave greater than the amount of cash equivalent of long service leave to which the employee is entitled under this part; or\n- (iii) either to long service leave or to a cash equivalent of long service leave under the arrangements and who is not entitled to long service leave or a cash equivalent of long service leave under this part.\n- (a) granted the greater period of long service leave; or\n- (b) paid the amount of cash equivalent of long service leave that is greater in amount; or\n- (c) granted the long service leave or paid the cash equivalent of long service leave to which the employee would have been entitled if the long service leave arrangements had remained in force.","sortOrder":311},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Locality allowances","content":"# Locality allowances","sortOrder":312},{"sectionNumber":"sec.200","sectionType":"section","heading":"Application of pt 6","content":"### sec.200 Application of pt 6\n\nThis part does not apply for a casual employee.","sortOrder":313},{"sectionNumber":"sec.201","sectionType":"section","heading":"Allowance payable to a GOE industry employee with a dependent spouse or dependent child","content":"### sec.201 Allowance payable to a GOE industry employee with a dependent spouse or dependent child\n\nA State electricity entity must pay a locality allowance to its employee who—\nis stationed at a centre for which a locality allowance is payable under a directive issued under the Public Service Act 2008 ; and\nproves to the satisfaction of the employer that the employee has a dependent spouse or dependent child.\nThe locality allowance is payable—\nfor a full-time employee—at the appropriate rate set out in the directive; and\nfor a part-time employee—at a proportionate amount of the rate payable under paragraph (a) .\nSubsection (2) is subject to section 203 .\nAn employee who is paid the locality allowance must notify the employer immediately an event affecting the entitlement to receive the allowance happens.\ns 201 amd 2008 SL No. 209 s 20 sch 2\n(sec.201-ssec.1) A State electricity entity must pay a locality allowance to its employee who— is stationed at a centre for which a locality allowance is payable under a directive issued under the Public Service Act 2008 ; and proves to the satisfaction of the employer that the employee has a dependent spouse or dependent child.\n(sec.201-ssec.2) The locality allowance is payable— for a full-time employee—at the appropriate rate set out in the directive; and for a part-time employee—at a proportionate amount of the rate payable under paragraph (a) .\n(sec.201-ssec.3) Subsection (2) is subject to section 203 .\n(sec.201-ssec.4) An employee who is paid the locality allowance must notify the employer immediately an event affecting the entitlement to receive the allowance happens.\n- (a) is stationed at a centre for which a locality allowance is payable under a directive issued under the Public Service Act 2008 ; and\n- (b) proves to the satisfaction of the employer that the employee has a dependent spouse or dependent child.\n- (a) for a full-time employee—at the appropriate rate set out in the directive; and\n- (b) for a part-time employee—at a proportionate amount of the rate payable under paragraph (a) .","sortOrder":314},{"sectionNumber":"sec.202","sectionType":"section","heading":"Allowance payable to other employees","content":"### sec.202 Allowance payable to other employees\n\nA State electricity entity must pay a locality allowance to its employee (other than an employee who has a dependent spouse or dependent child) who is stationed at a centre for which a locality allowance is payable under a directive issued under the Public Service Act 2008 .\nThe locality allowance is payable—\nfor a full-time employee—at one-half the appropriate rate set out in the directive; and\nfor a part-time employee—at a proportionate amount of the rate payable under paragraph (a) .\nIf the State electricity entity is satisfied special circumstances exist, the entity may pay the employee a greater locality allowance, not more than the locality allowance payable to an employee who has a dependent spouse or dependent child stationed at the same centre.\ns 202 amd 2008 SL No. 209 s 20 sch 2\n(sec.202-ssec.1) A State electricity entity must pay a locality allowance to its employee (other than an employee who has a dependent spouse or dependent child) who is stationed at a centre for which a locality allowance is payable under a directive issued under the Public Service Act 2008 .\n(sec.202-ssec.2) The locality allowance is payable— for a full-time employee—at one-half the appropriate rate set out in the directive; and for a part-time employee—at a proportionate amount of the rate payable under paragraph (a) .\n(sec.202-ssec.3) If the State electricity entity is satisfied special circumstances exist, the entity may pay the employee a greater locality allowance, not more than the locality allowance payable to an employee who has a dependent spouse or dependent child stationed at the same centre.\n- (a) for a full-time employee—at one-half the appropriate rate set out in the directive; and\n- (b) for a part-time employee—at a proportionate amount of the rate payable under paragraph (a) .","sortOrder":315},{"sectionNumber":"sec.203","sectionType":"section","heading":"Allowance payable if both spouses are entitled","content":"### sec.203 Allowance payable if both spouses are entitled\n\nThis section applies to a GOE industry employee who—\nis entitled to be paid a locality allowance under this part; and\nhas a spouse who—\nis also entitled to be paid a locality allowance under this part; or\nis employed by the State or a State instrumentality and is also entitled to be paid a locality allowance under an Act.\nThe locality allowance payable to the GOE employee is as stated in section 202 and not as stated in section 201 .\nThis section applies whether or not the employee has a dependent child.\n(sec.203-ssec.1) This section applies to a GOE industry employee who— is entitled to be paid a locality allowance under this part; and has a spouse who— is also entitled to be paid a locality allowance under this part; or is employed by the State or a State instrumentality and is also entitled to be paid a locality allowance under an Act.\n(sec.203-ssec.2) The locality allowance payable to the GOE employee is as stated in section 202 and not as stated in section 201 .\n(sec.203-ssec.3) This section applies whether or not the employee has a dependent child.\n- (a) is entitled to be paid a locality allowance under this part; and\n- (b) has a spouse who— (i) is also entitled to be paid a locality allowance under this part; or (ii) is employed by the State or a State instrumentality and is also entitled to be paid a locality allowance under an Act.\n- (i) is also entitled to be paid a locality allowance under this part; or\n- (ii) is employed by the State or a State instrumentality and is also entitled to be paid a locality allowance under an Act.\n- (i) is also entitled to be paid a locality allowance under this part; or\n- (ii) is employed by the State or a State instrumentality and is also entitled to be paid a locality allowance under an Act.","sortOrder":316},{"sectionNumber":"sec.204","sectionType":"section","heading":"Allowance payable to an employee absent from headquarters on duty","content":"### sec.204 Allowance payable to an employee absent from headquarters on duty\n\nThe locality allowance for a GOE industry employee must not be reduced because the employee is necessarily absent from headquarters overnight on duty and is given free board and accommodation or paid an away from home allowance in place of board and accommodation.","sortOrder":317},{"sectionNumber":"sec.205","sectionType":"section","heading":"Allowance payable to an employee on leave","content":"### sec.205 Allowance payable to an employee on leave\n\nThe locality allowance for a GOE industry employee must not be reduced because the employee is absent on recreation leave, sick leave or long service leave.\nIf the employee is absent on special leave, the employer may pay the allowance to the employee.\nNo locality allowance is payable to an employee who is absent on leave without pay.\n(sec.205-ssec.1) The locality allowance for a GOE industry employee must not be reduced because the employee is absent on recreation leave, sick leave or long service leave.\n(sec.205-ssec.2) If the employee is absent on special leave, the employer may pay the allowance to the employee.\n(sec.205-ssec.3) No locality allowance is payable to an employee who is absent on leave without pay.","sortOrder":318},{"sectionNumber":"sec.206","sectionType":"section","heading":"Building projects where site allowance is paid","content":"### sec.206 Building projects where site allowance is paid\n\nIf a GOE industry employee is stationed at a building project site and is paid a site allowance for employment at the site, the employer must, instead of paying the locality allowance prescribed by this part, pay the employee—\nthe divisional allowance or district parity allowance, or both, generally applying at the building project site under awards of the Industrial Relations Commission; and\nthe site allowance payable; and\nso much of the locality allowance prescribed by this part (if any) that is more than the total of the amounts under paragraphs (a) and (b) .\n- (a) the divisional allowance or district parity allowance, or both, generally applying at the building project site under awards of the Industrial Relations Commission; and\n- (b) the site allowance payable; and\n- (c) so much of the locality allowance prescribed by this part (if any) that is more than the total of the amounts under paragraphs (a) and (b) .","sortOrder":319},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Overtime payments","content":"# Overtime payments","sortOrder":320},{"sectionNumber":"sec.207","sectionType":"section","heading":"Overtime payments","content":"### sec.207 Overtime payments\n\nThis section applies to a GOE industry employee who is employed—\nby an employer declared by the Governor in Council; and\nfor a salary of more than the amount declared by the Governor in Council.\nThe working of overtime by the employee, and the rate at which payment for the overtime is paid, is in the employer’s discretion.\n(sec.207-ssec.1) This section applies to a GOE industry employee who is employed— by an employer declared by the Governor in Council; and for a salary of more than the amount declared by the Governor in Council.\n(sec.207-ssec.2) The working of overtime by the employee, and the rate at which payment for the overtime is paid, is in the employer’s discretion.\n- (a) by an employer declared by the Governor in Council; and\n- (b) for a salary of more than the amount declared by the Governor in Council.","sortOrder":321},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":322},{"sectionNumber":"sec.208","sectionType":"section","heading":"Who may apply for internal review etc.","content":"### sec.208 Who may apply for internal review etc.\n\nA person whose interests are affected by a decision mentioned in schedule 5 may apply to QCA for an internal review of the decision.\nA person who seeks an internal review of a decision is entitled to receive a statement of reasons for the decision.\ns 208 amd 2007 SL No. 122 s 26 ; 2009 Act No. 24 s 462\n(sec.208-ssec.1) A person whose interests are affected by a decision mentioned in schedule 5 may apply to QCA for an internal review of the decision.\n(sec.208-ssec.2) A person who seeks an internal review of a decision is entitled to receive a statement of reasons for the decision.","sortOrder":323},{"sectionNumber":"sec.209","sectionType":"section","heading":"Applying for internal review","content":"### sec.209 Applying for internal review\n\nAn application by a person for internal review of a decision must be made within 28 days after an information notice about, or other written notice of, the decision is given to the person.\nHowever, if the notice did not state reasons for the decision and the person asked for a statement of reasons for the decision within the period mentioned in subsection (1) , the person may make the application within 28 days after the person is given the statement of reasons.\nIn addition, QCA may extend the period for making an application for internal review.\nAn application for internal review must be written and state in detail the grounds on which the applicant seeks internal review of the decision.\ns 209 amd 2007 SL No. 122 s 26 ; 2009 Act No. 24 s 463\n(sec.209-ssec.1) An application by a person for internal review of a decision must be made within 28 days after an information notice about, or other written notice of, the decision is given to the person.\n(sec.209-ssec.2) However, if the notice did not state reasons for the decision and the person asked for a statement of reasons for the decision within the period mentioned in subsection (1) , the person may make the application within 28 days after the person is given the statement of reasons.\n(sec.209-ssec.3) In addition, QCA may extend the period for making an application for internal review.\n(sec.209-ssec.4) An application for internal review must be written and state in detail the grounds on which the applicant seeks internal review of the decision.","sortOrder":324},{"sectionNumber":"sec.210","sectionType":"section","heading":"Stay of operation of decision etc.","content":"### sec.210 Stay of operation of decision etc.\n\nIf an application is made under this part for internal review of a decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the decision.\nQCAT may stay the decision to secure the effectiveness of the internal review or a later application for external review to QCAT.\nA stay—\nmay be given on conditions QCAT considers appropriate; and\noperates for the period fixed by QCAT; and\nmay be revoked or amended by QCAT.\nThe period of a stay under this section must not extend past the time when QCA reviews the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of QCA’s decision.\nThe making of an application under this part for internal review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\ns 210 amd 2007 SL No. 122 s 27 ; 2009 Act No. 24 s 464\n(sec.210-ssec.1) If an application is made under this part for internal review of a decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the decision.\n(sec.210-ssec.2) QCAT may stay the decision to secure the effectiveness of the internal review or a later application for external review to QCAT.\n(sec.210-ssec.3) A stay— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be revoked or amended by QCAT.\n(sec.210-ssec.4) The period of a stay under this section must not extend past the time when QCA reviews the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of QCA’s decision.\n(sec.210-ssec.5) The making of an application under this part for internal review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\n- (a) may be given on conditions QCAT considers appropriate; and\n- (b) operates for the period fixed by QCAT; and\n- (c) may be revoked or amended by QCAT.","sortOrder":325},{"sectionNumber":"sec.211","sectionType":"section","heading":"Decision on internal review","content":"### sec.211 Decision on internal review\n\nThis section applies to an application under this part for internal review of a decision (the disputed decision ).\nQCA may confirm the disputed decision, amend the disputed decision or substitute a new decision after considering the applicant’s representations.\nQCA must immediately give the applicant written notice of QCA’s decision on the application.\nIf the decision is not the decision sought by the applicant, the notice must be a QCAT information notice.\nIf QCA was not the decision maker and the regulator amends the decision or substitutes a new decision, the amended or substituted decision is, for this regulation (other than this part) taken to be a decision of the decision maker.\ns 211 amd 2007 SL No. 122 s 28 ; 2009 Act No. 24 s 465\n(sec.211-ssec.1) This section applies to an application under this part for internal review of a decision (the disputed decision ).\n(sec.211-ssec.2) QCA may confirm the disputed decision, amend the disputed decision or substitute a new decision after considering the applicant’s representations.\n(sec.211-ssec.3) QCA must immediately give the applicant written notice of QCA’s decision on the application.\n(sec.211-ssec.4) If the decision is not the decision sought by the applicant, the notice must be a QCAT information notice.\n(sec.211-ssec.5) If QCA was not the decision maker and the regulator amends the decision or substitutes a new decision, the amended or substituted decision is, for this regulation (other than this part) taken to be a decision of the decision maker.","sortOrder":326},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Appeals and external review","content":"# Appeals and external review","sortOrder":327},{"sectionNumber":"ch.9-pt.2-div.1","sectionType":"division","heading":"External reviews by QCAT","content":"## External reviews by QCAT","sortOrder":328},{"sectionNumber":"sec.212","sectionType":"section","heading":"Who may apply for external review","content":"### sec.212 Who may apply for external review\n\nThe following persons may apply, as provided under the QCAT Act , to QCAT for an external review of the decision mentioned for the person—\nfor a decision by QCA under section 88 —any party to the dispute;\nfor a decision by the regulator or QCA mentioned in schedule 6 —a person whose interests are affected by the decision.\ns 212 amd 2007 SL No. 122 s 26\nsub 2009 Act No. 24 s 467\n- (a) for a decision by QCA under section 88 —any party to the dispute;\n- (b) for a decision by the regulator or QCA mentioned in schedule 6 —a person whose interests are affected by the decision.","sortOrder":329},{"sectionNumber":"sec.213","sectionType":"section","heading":null,"content":"### Section sec.213\n\ns 213 om 2009 Act No. 24 s 467","sortOrder":330},{"sectionNumber":"ch.9-pt.2-div.2","sectionType":"division","heading":"Appeals about recognition of previous service","content":"## Appeals about recognition of previous service","sortOrder":331},{"sectionNumber":"sec.214","sectionType":"section","heading":"Who may appeal","content":"### sec.214 Who may appeal\n\nA person whose interests are affected by a decision under section 185 of the person’s employer may appeal against the decision to an Industrial Magistrates Court.\ns 214 amd 2007 SL No. 122 s 26 ; 2007 SL No. 314 s 13 ; 2009 Act No. 24 s 469","sortOrder":332},{"sectionNumber":"sec.215","sectionType":"section","heading":"Making appeals","content":"### sec.215 Making appeals\n\nAn appeal under this part must be made within 3 months after written notice for the decision is given to the person.\nHowever, subsection (3) applies if—\nthe notice under subsection (1) did not state reasons for the decision; and\nthe person asked for a statement of reasons for the decision within the period mentioned in subsection (1) .\nThe person may make the appeal within 3 months after the person is given the statement of reasons.\nThe court may extend the period for making an appeal, even though the time for making the appeal has ended.\ns 215 amd 2007 SL No. 122 s 26 ; 2007 SL No. 314 s 13 ; 2009 Act No. 24 s 470\n(sec.215-ssec.1) An appeal under this part must be made within 3 months after written notice for the decision is given to the person.\n(sec.215-ssec.2) However, subsection (3) applies if— the notice under subsection (1) did not state reasons for the decision; and the person asked for a statement of reasons for the decision within the period mentioned in subsection (1) .\n(sec.215-ssec.3) The person may make the appeal within 3 months after the person is given the statement of reasons.\n(sec.215-ssec.4) The court may extend the period for making an appeal, even though the time for making the appeal has ended.\n- (a) the notice under subsection (1) did not state reasons for the decision; and\n- (b) the person asked for a statement of reasons for the decision within the period mentioned in subsection (1) .","sortOrder":333},{"sectionNumber":"sec.216","sectionType":"section","heading":"Starting appeals","content":"### sec.216 Starting appeals\n\nAn appeal is started by filing a written notice of appeal with the court.\nA copy of the notice must be served on the decision maker.\nAn appeal may be made to the Industrial Magistrates Court nearest the place where the applicant resides or carries on business.\ns 216 amd 2009 Act No. 24 s 471\n(sec.216-ssec.1) An appeal is started by filing a written notice of appeal with the court.\n(sec.216-ssec.2) A copy of the notice must be served on the decision maker.\n(sec.216-ssec.3) An appeal may be made to the Industrial Magistrates Court nearest the place where the applicant resides or carries on business.","sortOrder":334},{"sectionNumber":"sec.217","sectionType":"section","heading":"Stay of operation of decisions","content":"### sec.217 Stay of operation of decisions\n\nA court may grant a stay of the decision to secure the effectiveness of the appeal.\nA stay—\nmay be given on the conditions the court considers appropriate; and\noperates for the period fixed by the court; and\nmay be revoked or amended by the court.\nThe period of a stay under this section must not extend past the time when the court decides the appeal.\nAn appeal against a decision affects the decision, or carrying out of the decision, only if the decision is stayed.\n(sec.217-ssec.1) A court may grant a stay of the decision to secure the effectiveness of the appeal.\n(sec.217-ssec.2) A stay— may be given on the conditions the court considers appropriate; and operates for the period fixed by the court; and may be revoked or amended by the court.\n(sec.217-ssec.3) The period of a stay under this section must not extend past the time when the court decides the appeal.\n(sec.217-ssec.4) An appeal against a decision affects the decision, or carrying out of the decision, only if the decision is stayed.\n- (a) may be given on the conditions the court considers appropriate; and\n- (b) operates for the period fixed by the court; and\n- (c) may be revoked or amended by the court.","sortOrder":335},{"sectionNumber":"sec.218","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.218 Powers of court on appeal\n\nIn deciding an appeal, a court—\nhas the same powers as the decision maker; and\nis not bound by the rules of evidence; and\nmust comply with natural justice; and\nmay hear the appeal in court or in chambers.\nAn appeal is by way of rehearing.\nThe court may—\nconfirm the decision; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the issue to the decision maker with the directions the court considers appropriate.\n(sec.218-ssec.1) In deciding an appeal, a court— has the same powers as the decision maker; and is not bound by the rules of evidence; and must comply with natural justice; and may hear the appeal in court or in chambers.\n(sec.218-ssec.2) An appeal is by way of rehearing.\n(sec.218-ssec.3) The court may— confirm the decision; or set aside the decision and substitute another decision; or set aside the decision and return the issue to the decision maker with the directions the court considers appropriate.\n- (a) has the same powers as the decision maker; and\n- (b) is not bound by the rules of evidence; and\n- (c) must comply with natural justice; and\n- (d) may hear the appeal in court or in chambers.\n- (a) confirm the decision; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the issue to the decision maker with the directions the court considers appropriate.","sortOrder":336},{"sectionNumber":"sec.219","sectionType":"section","heading":"Effect of court’s decision on appeal","content":"### sec.219 Effect of court’s decision on appeal\n\nIf the court substitutes another decision, the substituted decision is, for this regulation (other than this chapter), taken to be the decision maker’s decision.","sortOrder":337},{"sectionNumber":"sec.220","sectionType":"section","heading":"Procedure of court","content":"### sec.220 Procedure of court\n\nThe power to make rules of court for an Industrial Magistrates Court under the Industrial Relations Act 1999 includes power to make rules of court for appeals to the court under this part.\nThe procedure for appeal to a court under this part is—\nin accordance with its rules of court; or\nin the absence of relevant rules, as directed by an industrial magistrate.\nThe court may make any order about costs it considers just.\ns 220 amd 2009 Act No. 24 s 472\n(sec.220-ssec.1) The power to make rules of court for an Industrial Magistrates Court under the Industrial Relations Act 1999 includes power to make rules of court for appeals to the court under this part.\n(sec.220-ssec.2) The procedure for appeal to a court under this part is— in accordance with its rules of court; or in the absence of relevant rules, as directed by an industrial magistrate.\n(sec.220-ssec.3) The court may make any order about costs it considers just.\n- (a) in accordance with its rules of court; or\n- (b) in the absence of relevant rules, as directed by an industrial magistrate.","sortOrder":338},{"sectionNumber":"sec.221","sectionType":"section","heading":"Appeals","content":"### sec.221 Appeals\n\nAn appeal to the Industrial Court from a decision of an Industrial Magistrates Court may be made only on a question of law.\ns 221 amd 2009 Act No. 24 s 473","sortOrder":339},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Application of Judicial Review Act to State electricity entities","content":"# Application of Judicial Review Act to State electricity entities","sortOrder":340},{"sectionNumber":"sec.222","sectionType":"section","heading":"Commercial and excluded activities for Act , s 256","content":"### sec.222 Commercial and excluded activities for Act , s 256\n\nFor section 256 (1) , definition excluded activities , of the Act , a community service obligation for the charging of customers by a State electricity entity in accordance with price equalisation, or at a price fixed by the Minister, is a prescribed community service obligation.\nFor section 256 (2) of the Act , negotiations between the Ministers and a State electricity entity about costs and charges for providing electricity as a community service obligation are declared to be commercial activities of the State electricity entity.\nFor section 256 (2) of the Act , the activities of the System Operator for Queensland are declared to be commercial activities.\nIn this section—\nMinisters means the Minister who administers the Act and the Minister who administers the Government Owned Corporations Act 1993 .\nprice equalisation means a system for charging customers the same price for the supply of electricity, whether or not the cost of the supply is the same.\ns 222 amd 2009 Act No. 13 s 213 sch 5\n(sec.222-ssec.1) For section 256 (1) , definition excluded activities , of the Act , a community service obligation for the charging of customers by a State electricity entity in accordance with price equalisation, or at a price fixed by the Minister, is a prescribed community service obligation.\n(sec.222-ssec.2) For section 256 (2) of the Act , negotiations between the Ministers and a State electricity entity about costs and charges for providing electricity as a community service obligation are declared to be commercial activities of the State electricity entity.\n(sec.222-ssec.3) For section 256 (2) of the Act , the activities of the System Operator for Queensland are declared to be commercial activities.\n(sec.222-ssec.4) In this section— Ministers means the Minister who administers the Act and the Minister who administers the Government Owned Corporations Act 1993 . price equalisation means a system for charging customers the same price for the supply of electricity, whether or not the cost of the supply is the same.","sortOrder":341},{"sectionNumber":"ch.10-pt.1A","sectionType":"part","heading":"Distribution network code provisions","content":"# Distribution network code provisions","sortOrder":342},{"sectionNumber":"ch.10-pt.1A-div.1","sectionType":"division","heading":"Proposals to amend","content":"## Proposals to amend","sortOrder":343},{"sectionNumber":"sec.222A","sectionType":"section","heading":"Proposal to amend","content":"### sec.222A Proposal to amend\n\nAny person (the proponent ) may ask QCA to amend a distribution network code in a stated way (the proposal ).\nHowever, the proposal may be made only in the way QCA reasonably requires.\nAlso, QCA may require the proponent to, in making the proposal, justify how it meets the QCA code objective.\ns 222A ins 2007 SL No. 122 s 29\namd 2014 SL No. 338 s 13 (1)\n(sec.222A-ssec.1) Any person (the proponent ) may ask QCA to amend a distribution network code in a stated way (the proposal ).\n(sec.222A-ssec.2) However, the proposal may be made only in the way QCA reasonably requires.\n(sec.222A-ssec.3) Also, QCA may require the proponent to, in making the proposal, justify how it meets the QCA code objective.","sortOrder":344},{"sectionNumber":"sec.222B","sectionType":"section","heading":"QCA response to proposal","content":"### sec.222B QCA response to proposal\n\nThis section applies only when any requirements under section 222A relating to the proposal have been complied with.\nQCA must, within 2 months, decide whether or not it will submit the proposal for consultation under division 2 .\nIf QCA decides to submit the proposal, QCA may submit it in any form it considers appropriate, with or without change.\ns 222B ins 2007 SL No. 122 s 29\n(sec.222B-ssec.1) This section applies only when any requirements under section 222A relating to the proposal have been complied with.\n(sec.222B-ssec.2) QCA must, within 2 months, decide whether or not it will submit the proposal for consultation under division 2 .\n(sec.222B-ssec.3) If QCA decides to submit the proposal, QCA may submit it in any form it considers appropriate, with or without change.","sortOrder":345},{"sectionNumber":"sec.222C","sectionType":"section","heading":"Notice of decision not to submit for consultation","content":"### sec.222C Notice of decision not to submit for consultation\n\nIf QCA decides not to submit the proposal for consultation under division 2 , it must, as soon as practicable after making the decision, give the proponent a written notice stating the decision and its reasons for the decision.\ns 222C ins 2007 SL No. 122 s 29","sortOrder":346},{"sectionNumber":"sec.222D","sectionType":"section","heading":"QCA-initiated amendments not affected","content":"### sec.222D QCA-initiated amendments not affected\n\nTo remove any doubt, it is declared that this division does not prevent QCA from amending the distribution network code on its own initiative.\ns 222D ins 2007 SL No. 122 s 29\namd 2014 SL No. 338 s 13 (2)","sortOrder":347},{"sectionNumber":"ch.10-pt.1A-div.2","sectionType":"division","heading":"Required consultation for QCA making or amending distribution network code","content":"## Required consultation for QCA making or amending distribution network code","sortOrder":348},{"sectionNumber":"sec.222E","sectionType":"section","heading":"Prescribed consultation— Act , ss 120H (2) and 120PA (1)","content":"### sec.222E Prescribed consultation— Act , ss 120H (2) and 120PA (1)\n\nFor sections 120H (2) and 120PA (1) of the Act , the consultation required to be engaged in before QCA may make or amend a distribution network code is any steps as required under subdivisions 2 and 3 .\nFor subsection (1) , the consultation is taken to have been engaged in if the required steps have been substantially carried out or complied with.\ns 222E ins 2007 SL No. 122 s 29\namd 2014 SL No. 338 s 13 (1)\n(sec.222E-ssec.1) For sections 120H (2) and 120PA (1) of the Act , the consultation required to be engaged in before QCA may make or amend a distribution network code is any steps as required under subdivisions 2 and 3 .\n(sec.222E-ssec.2) For subsection (1) , the consultation is taken to have been engaged in if the required steps have been substantially carried out or complied with.","sortOrder":349},{"sectionNumber":"sec.222F","sectionType":"section","heading":"Application of div 2 for amendments","content":"### sec.222F Application of div 2 for amendments\n\nIf QCA proposes to amend a distribution network code, this division applies—\nas if a reference to a proposed distribution network code were a reference to the proposed amendment; and\nas if a reference to a draft or final version of a proposed code were a reference to the proposed amendment.\nHowever, QCA may comply with a requirement to publish the proposed amendment by publishing the full distribution network code as amended by the proposed amendment.\ns 222F ins 2007 SL No. 122 s 29\namd 2014 SL No. 338 s 13\n(sec.222F-ssec.1) If QCA proposes to amend a distribution network code, this division applies— as if a reference to a proposed distribution network code were a reference to the proposed amendment; and as if a reference to a draft or final version of a proposed code were a reference to the proposed amendment.\n(sec.222F-ssec.2) However, QCA may comply with a requirement to publish the proposed amendment by publishing the full distribution network code as amended by the proposed amendment.\n- (a) as if a reference to a proposed distribution network code were a reference to the proposed amendment; and\n- (b) as if a reference to a draft or final version of a proposed code were a reference to the proposed amendment.","sortOrder":350},{"sectionNumber":"sec.222G","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.222G Application of sdiv 2\n\nThis subdivision does not apply if—\nQCA decides the issues for the proposed distribution network code are minor; or\nQCA reasonably considers that it is unnecessary or inappropriate to carry out the steps provided for under this subdivision.\ns 222G ins 2007 SL No. 122 s 29\namd 2014 SL No. 338 s 13 (2)\n- (a) QCA decides the issues for the proposed distribution network code are minor; or\n- (b) QCA reasonably considers that it is unnecessary or inappropriate to carry out the steps provided for under this subdivision.","sortOrder":351},{"sectionNumber":"sec.222H","sectionType":"section","heading":"Interim consultation notice","content":"### sec.222H Interim consultation notice\n\nQCA must—\nprepare a written notice (the interim consultation notice ) about the proposed distribution network code; and\npublish the interim consultation notice on its website; and\ngive the interim consultation notice to anyone it reasonably believes will be interested in the proposed distribution network code.\nThe interim consultation notice must state—\nwhere a document (the issues document ) discussing interim issues for the proposed distribution network code may be inspected; and\na period (the interim consultation period ) during which anyone may make written submissions to QCA about the issues.\nThe issues document may, but need not be, a draft of the proposed distribution network code.\nThe interim consultation period must be a period that is reasonable, having regard to the complexity of the interim issues.\ns 222H ins 2007 SL No. 122 s 29\namd 2014 SL No. 338 s 13 (2)\n(sec.222H-ssec.1) QCA must— prepare a written notice (the interim consultation notice ) about the proposed distribution network code; and publish the interim consultation notice on its website; and give the interim consultation notice to anyone it reasonably believes will be interested in the proposed distribution network code.\n(sec.222H-ssec.2) The interim consultation notice must state— where a document (the issues document ) discussing interim issues for the proposed distribution network code may be inspected; and a period (the interim consultation period ) during which anyone may make written submissions to QCA about the issues.\n(sec.222H-ssec.3) The issues document may, but need not be, a draft of the proposed distribution network code.\n(sec.222H-ssec.4) The interim consultation period must be a period that is reasonable, having regard to the complexity of the interim issues.\n- (a) prepare a written notice (the interim consultation notice ) about the proposed distribution network code; and\n- (b) publish the interim consultation notice on its website; and\n- (c) give the interim consultation notice to anyone it reasonably believes will be interested in the proposed distribution network code.\n- (a) where a document (the issues document ) discussing interim issues for the proposed distribution network code may be inspected; and\n- (b) a period (the interim consultation period ) during which anyone may make written submissions to QCA about the issues.","sortOrder":352},{"sectionNumber":"sec.222I","sectionType":"section","heading":"Submissions","content":"### sec.222I Submissions\n\nAnyone may, within the interim consultation period, make a written submission to QCA about the issues mentioned in the issues document.\ns 222I ins 2007 SL No. 122 s 29","sortOrder":353},{"sectionNumber":"sec.222J","sectionType":"section","heading":"Considering submissions","content":"### sec.222J Considering submissions\n\nQCA must, as soon as practicable after the interim consultation period ends, consider all written submissions made under section 222I within that period.\ns 222J ins 2007 SL No. 122 s 29","sortOrder":354},{"sectionNumber":"sec.222K","sectionType":"section","heading":"Release of draft report and draft proposed code","content":"### sec.222K Release of draft report and draft proposed code\n\nQCA must, after complying with section 222J , publish on its website—\na draft report about the material issues for the proposed distribution network code; and\na draft of the proposed distribution network code.\nThe draft of the proposed distribution network code may be a first draft or a revision of any draft of the proposed distribution network code that formed the issues document.\ns 222K ins 2007 SL No. 122 s 29\namd 2014 SL No. 338 s 13 (2)\n(sec.222K-ssec.1) QCA must, after complying with section 222J , publish on its website— a draft report about the material issues for the proposed distribution network code; and a draft of the proposed distribution network code.\n(sec.222K-ssec.2) The draft of the proposed distribution network code may be a first draft or a revision of any draft of the proposed distribution network code that formed the issues document.\n- (a) a draft report about the material issues for the proposed distribution network code; and\n- (b) a draft of the proposed distribution network code.","sortOrder":355},{"sectionNumber":"sec.222L","sectionType":"section","heading":"Final consultation notice","content":"### sec.222L Final consultation notice\n\nThis section applies if subdivision 2 did not apply or if any steps required under the subdivision have been carried out or complied with.\nIf subdivision 2 did not apply, QCA must first publish on its website—\na draft report about the material issues for the proposed distribution network code; and\na draft of the proposed distribution network code.\nQCA must—\nprepare a written notice (the final consultation notice ) about the proposed distribution network code; and\npublish the final consultation notice on its website; and\ngive the final consultation notice to anyone it reasonably believes will be interested in the proposed distribution network code.\nThe final consultation notice must state—\nthat QCA has made a draft report about the material issues for the proposed distribution network code and a draft of the proposed distribution network code; and\nwhere the drafts may be inspected; and\na period (the final consultation period ) during which anyone may make written submissions to QCA about the drafts.\nThe final consultation period must be a period that is reasonable, having regard to the complexity of the drafts.\ns 222L ins 2007 SL No. 122 s 29\namd 2014 SL No. 338 s 13 (2)\n(sec.222L-ssec.1) This section applies if subdivision 2 did not apply or if any steps required under the subdivision have been carried out or complied with.\n(sec.222L-ssec.2) If subdivision 2 did not apply, QCA must first publish on its website— a draft report about the material issues for the proposed distribution network code; and a draft of the proposed distribution network code.\n(sec.222L-ssec.3) QCA must— prepare a written notice (the final consultation notice ) about the proposed distribution network code; and publish the final consultation notice on its website; and give the final consultation notice to anyone it reasonably believes will be interested in the proposed distribution network code.\n(sec.222L-ssec.4) The final consultation notice must state— that QCA has made a draft report about the material issues for the proposed distribution network code and a draft of the proposed distribution network code; and where the drafts may be inspected; and a period (the final consultation period ) during which anyone may make written submissions to QCA about the drafts.\n(sec.222L-ssec.5) The final consultation period must be a period that is reasonable, having regard to the complexity of the drafts.\n- (a) a draft report about the material issues for the proposed distribution network code; and\n- (b) a draft of the proposed distribution network code.\n- (a) prepare a written notice (the final consultation notice ) about the proposed distribution network code; and\n- (b) publish the final consultation notice on its website; and\n- (c) give the final consultation notice to anyone it reasonably believes will be interested in the proposed distribution network code.\n- (a) that QCA has made a draft report about the material issues for the proposed distribution network code and a draft of the proposed distribution network code; and\n- (b) where the drafts may be inspected; and\n- (c) a period (the final consultation period ) during which anyone may make written submissions to QCA about the drafts.","sortOrder":356},{"sectionNumber":"sec.222M","sectionType":"section","heading":"Submissions","content":"### sec.222M Submissions\n\nAnyone may, within the final consultation period, make a written submission to QCA about the drafts published under section 222L (2) .\ns 222M ins 2007 SL No. 122 s 29","sortOrder":357},{"sectionNumber":"sec.222N","sectionType":"section","heading":"Considering submissions","content":"### sec.222N Considering submissions\n\nQCA must, as soon as practicable after the final consultation period ends, consider all written submissions made under section 222M within that period.\ns 222N ins 2007 SL No. 122 s 29","sortOrder":358},{"sectionNumber":"sec.222O","sectionType":"section","heading":"Release of final report and final proposed code","content":"### sec.222O Release of final report and final proposed code\n\nQCA must, after complying with section 222N , publish on its website—\na final report about the material issues for the proposed distribution network code; and\na final version of the proposed distribution network code.\ns 222O ins 2007 SL No. 122 s 29\namd 2014 SL No. 338 s 13 (2)\n- (a) a final report about the material issues for the proposed distribution network code; and\n- (b) a final version of the proposed distribution network code.","sortOrder":359},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Declared State electricity entities","content":"# Declared State electricity entities","sortOrder":360},{"sectionNumber":"sec.223","sectionType":"section","heading":null,"content":"### Section sec.223\n\ns 223 om 2008 SL No. 92 s 5","sortOrder":361},{"sectionNumber":"sec.224","sectionType":"section","heading":"Declarations— Act , s 259A (2)","content":"### sec.224 Declarations— Act , s 259A (2)\n\nEach of the following entities is declared to be a State electricity entity for the employment conditions, under chapter 8 , of its employees—\nEnergy Queensland Limited ACN 612 535 583;\nSPARQ Solutions Pty Ltd ACN 110 073 400.\nKogan Creek Power Pty Ltd ACN 088 229 789 is declared to be a State electricity entity for the employment conditions, under sections 167 to 169 and chapter 8 , parts 3 , 4 and 5 , of its employees.\nEnergy Queensland Limited ACN 612 535 583 is declared to be a State electricity entity for section 256 of the Act .\ns 224 amd 2006 SL No. 279 s 3 ; 2016 SL No. 100 s 20\n(sec.224-ssec.1) Each of the following entities is declared to be a State electricity entity for the employment conditions, under chapter 8 , of its employees— Energy Queensland Limited ACN 612 535 583; SPARQ Solutions Pty Ltd ACN 110 073 400.\n(sec.224-ssec.2) Kogan Creek Power Pty Ltd ACN 088 229 789 is declared to be a State electricity entity for the employment conditions, under sections 167 to 169 and chapter 8 , parts 3 , 4 and 5 , of its employees.\n(sec.224-ssec.3) Energy Queensland Limited ACN 612 535 583 is declared to be a State electricity entity for section 256 of the Act .\n- (a) Energy Queensland Limited ACN 612 535 583;\n- (b) SPARQ Solutions Pty Ltd ACN 110 073 400.","sortOrder":362},{"sectionNumber":"sec.224A","sectionType":"section","heading":"Declaration— Act , sch 5 , definition State electricity entity","content":"### sec.224A Declaration— Act , sch 5 , definition State electricity entity\n\nCleanCo Queensland Limited ACN 628 008 159 is declared to be a State electricity entity for schedule 5 of the Act , definition State electricity entity , paragraph (b) (ii) .\ns 224A ins 2019 SL No. 92 s 3","sortOrder":363},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":364},{"sectionNumber":"sec.225","sectionType":"section","heading":"Approved industry superannuation scheme","content":"### sec.225 Approved industry superannuation scheme\n\nOn and from 1 July 1995 the Electricity Supply Industry Superannuation Fund (Qld) is an approved industry superannuation scheme.","sortOrder":365},{"sectionNumber":"sec.225A","sectionType":"section","heading":"Prescribed amount—small photovoltaic generator connected at particular premises","content":"### sec.225A Prescribed amount—small photovoltaic generator connected at particular premises\n\nThis section applies if section 55DBA applies in relation to electricity produced by a photovoltaic system connected at a particular premises to a supply network.\nFor the Act , schedule 5 , definition small photovoltaic generator , paragraph (a) , the amount for the photovoltaic system is 30 kilowatts.\ns 225A ins 2017 SL No. 178 s 3\n(sec.225A-ssec.1) This section applies if section 55DBA applies in relation to electricity produced by a photovoltaic system connected at a particular premises to a supply network.\n(sec.225A-ssec.2) For the Act , schedule 5 , definition small photovoltaic generator , paragraph (a) , the amount for the photovoltaic system is 30 kilowatts.","sortOrder":366},{"sectionNumber":"sec.225B","sectionType":"section","heading":"Obtaining information for price determinations","content":"### sec.225B Obtaining information for price determinations\n\nA pricing entity may, in writing, ask AEMO for relevant information, including protected information, the pricing entity requires to make a price determination under chapter 4 , part 2 , division 3 of the Act .\nAEMO must, within the reasonable period stated in the request, give the relevant information to the pricing entity unless, in the circumstances, AEMO could not reasonably have been expected to have, or to be able to obtain, the information.\nIn this section—\nprotected information see the National Electricity (Queensland) Law , section 54 (1) .\ns 225B ins 2018 SL No. 26 s 3\n(sec.225B-ssec.1) A pricing entity may, in writing, ask AEMO for relevant information, including protected information, the pricing entity requires to make a price determination under chapter 4 , part 2 , division 3 of the Act .\n(sec.225B-ssec.2) AEMO must, within the reasonable period stated in the request, give the relevant information to the pricing entity unless, in the circumstances, AEMO could not reasonably have been expected to have, or to be able to obtain, the information.\n(sec.225B-ssec.3) In this section— protected information see the National Electricity (Queensland) Law , section 54 (1) .","sortOrder":367},{"sectionNumber":"sec.226","sectionType":"section","heading":"Fees","content":"### sec.226 Fees\n\nThe fees payable to the regulator under the Act are in schedule 7 .\nSchedule 8 states the maximum fees payable to an electricity entity for the matters stated in the schedule.\nTo remove any doubt, the following is declared for each maximum fee under schedule 8 for a matter—\nthe fee is the maximum amount payable for the matter regardless of whether the fee is charged under the Act , a distribution network code or a contract;\nthe maximum applies to amounts payable by a customer to a retailer or distribution entity or by a retailer to a distribution entity.\ns 226 amd 2007 SL No. 122 s 30 ; 2014 SL No. 338 s 33\n(sec.226-ssec.1) The fees payable to the regulator under the Act are in schedule 7 .\n(sec.226-ssec.2) Schedule 8 states the maximum fees payable to an electricity entity for the matters stated in the schedule.\n(sec.226-ssec.3) To remove any doubt, the following is declared for each maximum fee under schedule 8 for a matter— the fee is the maximum amount payable for the matter regardless of whether the fee is charged under the Act , a distribution network code or a contract; the maximum applies to amounts payable by a customer to a retailer or distribution entity or by a retailer to a distribution entity.\n- (a) the fee is the maximum amount payable for the matter regardless of whether the fee is charged under the Act , a distribution network code or a contract;\n- (b) the maximum applies to amounts payable by a customer to a retailer or distribution entity or by a retailer to a distribution entity.","sortOrder":368},{"sectionNumber":"sec.227","sectionType":"section","heading":"Forms","content":"### sec.227 Forms\n\nThe regulator may approve forms for use under the Act .","sortOrder":369},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":370},{"sectionNumber":"ch.10-pt.4-div.1","sectionType":"division","heading":"Transitional provisions for original regulation","content":"## Transitional provisions for original regulation","sortOrder":371},{"sectionNumber":"sec.228","sectionType":"section","heading":"Definition for div 1","content":"### sec.228 Definition for div 1\n\nIn this division—\n1994 regulation means the expired Electricity Regulation 1994.\ns 228 amd 2007 SL No. 122 s 32","sortOrder":372},{"sectionNumber":"sec.229","sectionType":"section","heading":"Continuation of agreements for substations","content":"### sec.229 Continuation of agreements for substations\n\nAn agreement under the repealed Electricity Act 1976 , section 173 or the 1994 regulation, section 57(1) is taken to be an agreement under section 60.","sortOrder":373},{"sectionNumber":"sec.230","sectionType":"section","heading":"Electric lines installed or operated before 1 October 2002","content":"### sec.230 Electric lines installed or operated before 1 October 2002\n\nThis section applies to an electric line installed or operated immediately before 1 October 2002 under section 157 or 157A of the 1994 regulation as in force immediately before that day.\nOn and from 1 October 2002, the electric line is taken to have been installed and to be operated under section 21(1) to (3) of the 1994 regulation and section 24(1) to (3) of this regulation.\ns 230 amd 2009 SL No. 83 s 7\n(sec.230-ssec.1) This section applies to an electric line installed or operated immediately before 1 October 2002 under section 157 or 157A of the 1994 regulation as in force immediately before that day.\n(sec.230-ssec.2) On and from 1 October 2002, the electric line is taken to have been installed and to be operated under section 21(1) to (3) of the 1994 regulation and section 24(1) to (3) of this regulation.","sortOrder":374},{"sectionNumber":"sec.231","sectionType":"section","heading":"Existing registrations of items of prescribed electrical equipment","content":"### sec.231 Existing registrations of items of prescribed electrical equipment\n\nThis section applies to an existing registration in force immediately before 1 September 2006.\nOn 1 September 2006, the registration is taken to have been given—\nunder chapter 7; and\ndespite section 142, for the remainder of its term unless it is cancelled earlier.\nIn this section—\nexisting registration means a registration, under the 1994 regulation, of an item of prescribed electrical equipment.\n(sec.231-ssec.1) This section applies to an existing registration in force immediately before 1 September 2006.\n(sec.231-ssec.2) On 1 September 2006, the registration is taken to have been given— under chapter 7; and despite section 142, for the remainder of its term unless it is cancelled earlier.\n(sec.231-ssec.3) In this section— existing registration means a registration, under the 1994 regulation, of an item of prescribed electrical equipment.\n- (a) under chapter 7; and\n- (b) despite section 142, for the remainder of its term unless it is cancelled earlier.","sortOrder":375},{"sectionNumber":"sec.232","sectionType":"section","heading":"Existing approvals, notices, decisions, directions and requirements under 1994 regulation","content":"### sec.232 Existing approvals, notices, decisions, directions and requirements under 1994 regulation\n\nThis section applies to an approval, notice, decision, direction or requirement—\ngiven or made by the regulator or an electricity entity (the relevant entity ) under a provision (the expired provision ) of chapter 2, 3 or 6 of the 1994 regulation; and\nin force immediately before 1 September 2006.\nOn 1 September 2006, the approval, notice, decision, direction or requirement is taken to have been given or made by the relevant entity, under the provision of this regulation that corresponds, or substantially corresponds, to the expired provision.\n(sec.232-ssec.1) This section applies to an approval, notice, decision, direction or requirement— given or made by the regulator or an electricity entity (the relevant entity ) under a provision (the expired provision ) of chapter 2, 3 or 6 of the 1994 regulation; and in force immediately before 1 September 2006.\n(sec.232-ssec.2) On 1 September 2006, the approval, notice, decision, direction or requirement is taken to have been given or made by the relevant entity, under the provision of this regulation that corresponds, or substantially corresponds, to the expired provision.\n- (a) given or made by the regulator or an electricity entity (the relevant entity ) under a provision (the expired provision ) of chapter 2, 3 or 6 of the 1994 regulation; and\n- (b) in force immediately before 1 September 2006.","sortOrder":376},{"sectionNumber":"sec.233","sectionType":"section","heading":"Existing applications","content":"### sec.233 Existing applications\n\nAn application made by a person under chapter 6 of the 1994 regulation and not decided before 1 September 2006, is taken to have been made under chapter 7 of this regulation.","sortOrder":377},{"sectionNumber":"sec.234","sectionType":"section","heading":"Unfinished appeals","content":"### sec.234 Unfinished appeals\n\nAn appeal that has been started under the 1994 regulation and not finished before 1 September 2006 continues as if it were an appeal made under chapter 9, part 2, of this regulation.","sortOrder":378},{"sectionNumber":"ch.10-pt.4-div.2","sectionType":"division","heading":"Transitional provisions for Electricity Amendment Regulation (No. 3) 2007","content":"## Transitional provisions for Electricity Amendment Regulation (No. 3) 2007","sortOrder":379},{"sectionNumber":"sec.235","sectionType":"section","heading":"Small customers for negotiated retail contracts under Act, s 312","content":"### sec.235 Small customers for negotiated retail contracts under Act, s 312\n\nFor section 312 of the Act , chapter 3 , part 1A (other than section 30A) applies for deciding who is a small customer as if—\nthat part had commenced on the notification day; and\na reference in that part to the FRC day were a reference to the notification day.\nIn this section—\nchapter 3, part 1A means chapter 3, part 1A of this regulation as in force on the FRC day.\nnotification day means the day this section commenced.\ns 235 ins 2007 SL No. 122 s 33\n(sec.235-ssec.1) For section 312 of the Act , chapter 3 , part 1A (other than section 30A) applies for deciding who is a small customer as if— that part had commenced on the notification day; and a reference in that part to the FRC day were a reference to the notification day.\n(sec.235-ssec.2) In this section— chapter 3, part 1A means chapter 3, part 1A of this regulation as in force on the FRC day. notification day means the day this section commenced.\n- (a) that part had commenced on the notification day; and\n- (b) a reference in that part to the FRC day were a reference to the notification day.","sortOrder":380},{"sectionNumber":"sec.236","sectionType":"section","heading":"Existing decisions under s 88 or 211","content":"### sec.236 Existing decisions under s 88 or 211\n\nIf, before the FRC day, the regulator had made a decision under section 88 or 211, on the FRC day the decision is taken to have been made by QCA.\ns 236 ins 2007 SL No. 122 s 33","sortOrder":381},{"sectionNumber":"sec.237","sectionType":"section","heading":"Unfinished referrals and reviews","content":"### sec.237 Unfinished referrals and reviews\n\nThis section applies if—\nimmediately before the FRC day—\nthe regulator had, under section 88, been asked (the referral ) to decide an issue in dispute; or\nan application under section 208 had been made to the regulator for a review of a decision; and\nthe regulator had not made a decision on the issue or review.\nThe referral or application is taken to have been made to QCA.\nThe regulator must give QCA the referral or application and any documents or information given to the regulator for the referral or review.\ns 237 ins 2007 SL No. 122 s 33\n(sec.237-ssec.1) This section applies if— immediately before the FRC day— the regulator had, under section 88, been asked (the referral ) to decide an issue in dispute; or an application under section 208 had been made to the regulator for a review of a decision; and the regulator had not made a decision on the issue or review.\n(sec.237-ssec.2) The referral or application is taken to have been made to QCA.\n(sec.237-ssec.3) The regulator must give QCA the referral or application and any documents or information given to the regulator for the referral or review.\n- (a) immediately before the FRC day— (i) the regulator had, under section 88, been asked (the referral ) to decide an issue in dispute; or (ii) an application under section 208 had been made to the regulator for a review of a decision; and\n- (i) the regulator had, under section 88, been asked (the referral ) to decide an issue in dispute; or\n- (ii) an application under section 208 had been made to the regulator for a review of a decision; and\n- (b) the regulator had not made a decision on the issue or review.\n- (i) the regulator had, under section 88, been asked (the referral ) to decide an issue in dispute; or\n- (ii) an application under section 208 had been made to the regulator for a review of a decision; and","sortOrder":382},{"sectionNumber":"sec.238","sectionType":"section","heading":"Contestable customers for National Electricity Rules","content":"### sec.238 Contestable customers for National Electricity Rules\n\nFor clauses 9.32.1(a)(2) and 9.34.4(b) of the National Electricity Rules, a contestable customer is prescribed to be any customer other than an excluded customer.\ns 238 ins 2007 SL No. 122 s 33\namd 2009 SL No. 83 s 8","sortOrder":383},{"sectionNumber":"ch.10-pt.4-div.3","sectionType":"division","heading":"Transitional provision for Electricity Amendment Regulation (No. 4) 2007","content":"## Transitional provision for Electricity Amendment Regulation (No. 4) 2007","sortOrder":384},{"sectionNumber":"sec.239","sectionType":"section","heading":"Provision for new s 142","content":"### sec.239 Provision for new s 142\n\nNew section 142 applies to an item of prescribed electrical equipment whether the item was registered before or after new section 142 commenced.\nIf the item was registered before new section 142 commenced, its maximum registration term is taken to be the term of registration stated in the notice of registration under section 141 as it was in force before the commencement.\nIn this section—\nnew section 142 means section 142 as replaced under the Electricity Amendment Regulation (No. 4) 2007 .\ns 239 ins 2007 SL No. 314 s 14\n(sec.239-ssec.1) New section 142 applies to an item of prescribed electrical equipment whether the item was registered before or after new section 142 commenced.\n(sec.239-ssec.2) If the item was registered before new section 142 commenced, its maximum registration term is taken to be the term of registration stated in the notice of registration under section 141 as it was in force before the commencement.\n(sec.239-ssec.3) In this section— new section 142 means section 142 as replaced under the Electricity Amendment Regulation (No. 4) 2007 .","sortOrder":385},{"sectionNumber":"ch.10-pt.4-div.4","sectionType":"division","heading":"Transitional provision for Electricity Amendment Regulation (No. 1) 2009","content":"## Transitional provision for Electricity Amendment Regulation (No. 1) 2009","sortOrder":386},{"sectionNumber":"sec.240","sectionType":"section","heading":"Demand management plans for 2009 financial year","content":"### sec.240 Demand management plans for 2009 financial year\n\nSection 127C(4) applies to a relevant plan as if the reference to each 30 April in the preceding financial year were a reference to 6 July 2009.\nSection 127D applies to a relevant plan as if the reference to 31 May in the preceding financial year were a reference to 6 August 2009.\nIn this section—\nrelevant plan means a distribution entity’s demand management plan for the financial year starting on 1 July 2009.\ns 240 ins 2009 SL No. 83 s 9\n(sec.240-ssec.1) Section 127C(4) applies to a relevant plan as if the reference to each 30 April in the preceding financial year were a reference to 6 July 2009.\n(sec.240-ssec.2) Section 127D applies to a relevant plan as if the reference to 31 May in the preceding financial year were a reference to 6 August 2009.\n(sec.240-ssec.3) In this section— relevant plan means a distribution entity’s demand management plan for the financial year starting on 1 July 2009.","sortOrder":387},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Equipment requiring registration and labelling","content":"# Equipment requiring registration and labelling","sortOrder":388},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Equipment requiring registration only","content":"# Equipment requiring registration only","sortOrder":389},{"sectionNumber":"sch.4-pt.3","sectionType":"part","heading":"Equipment requiring registration that may be labelled","content":"# Equipment requiring registration that may be labelled","sortOrder":390},{"sectionNumber":"sch.8-pt.1","sectionType":"part","heading":"Meter reading and testing","content":"# Meter reading and testing","sortOrder":391},{"sectionNumber":"sch.8-pt.2","sectionType":"part","heading":"Disconnection and reconnection","content":"# Disconnection and reconnection","sortOrder":392},{"sectionNumber":"sch.8-pt.3","sectionType":"part","heading":"Temporary connections","content":"# Temporary connections","sortOrder":393},{"sectionNumber":"sch.8-pt.4","sectionType":"part","heading":"Other services","content":"# Other services","sortOrder":394}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation's original scope appears to have been a comprehensive technical and commercial framework for electricity supply in Queensland. Over time, significant portions were removed (many sections omitted in 2007, 2011, and 2014 by multiple amending instruments), while new provisions were added — notably the solar feed-in tariff scheme (sections 30AA–30AB, and the now-omitted sections 30A–30Z) and updated metering coordinator provisions reflecting the national metering reform. The result is a regulation that is narrower in some areas than originally enacted (with large blocks of commercial retail provisions removed, apparently absorbed into national frameworks) but expanded in others (solar generation, smart metering). The heavy amendment history suggests the regulation has progressively transitioned from a self-contained state framework toward a hybrid instrument that defers substantially to national energy rules."},"complexity_factors":["Multiple layers of cross-references between sections (e.g. section 13 references sections 11 and 12, section 36 references section 26, etc.), requiring the reader to navigate across the document to understand any single rule","Incorporation by reference of multiple external Australian Standards (AS 60038, AS 61000.3.100) and national regulatory frameworks (National Electricity Rules, National Energy Retail Rules) whose content is not reproduced in the regulation","Time-based transitional provisions with different rules applying before and after specific dates (27 October 2018, 1 July 2020, 10 July 2012, 30 June 2013), creating multiple parallel regimes that require careful date-checking","Technically specialised subject matter (voltage tolerances, power factors, metering classifications, earthing systems) that is inaccessible without electrical engineering knowledge","Numerous sections inserted and then omitted across multiple years (2007–2018), creating a fragmented structure with many 'ghost' section numbers that complicate navigation and indicate significant legislative churn","Distinction between multiple categories of regulated entities (electricity entity, distribution entity, metering coordinator, retailer, special approval holder, regulator, QCA) with different obligations that overlap and interact","Geographic variation in the rules — restrictions in sections 93–94 apply only to specific Ergon Energy localities listed in a schedule, requiring reference to that schedule","Interaction with multiple other Queensland statutes (Coal Mining Safety and Health Act, Petroleum and Gas Act, Planning Act, Queensland Competition Authority Act, Energy and Water Ombudsman Act, Transport Operations Act) and national instruments"],"plain_english_summary":"This regulation sets the technical and administrative rules for how electricity is supplied, connected, metered and managed across Queensland. It governs responsibilities, safety and access for electricity entities, property owners, tenants and everyday customers.\n\nIt matters because it allocates who pays for connections and metering, controls generator and appliance access, creates enforceable quality and safety obligations (with penalties), and provides a formal dispute route to the QCA."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The regulation has grown well beyond a narrowly technical safety code into a broad, multi‑purpose instrument. Evidence in the text shows substantive additions after the original technical rules: \n\n- A full energy‑efficiency product regulation regime (registration, testing, labelling, offences and check testing) added as chapter 7 (secs 138–166 and following) — this moves the instrument into product‑market regulation rather than only network safety.  \n- Demand management planning obligations for distribution entities (secs 127A–127H) and explicit processes for QCA to consult and amend distribution network codes (secs 222A–222O) add regulatory planning and market‑governance functions.  \n- Consumer‑facing provisions for small photovoltaic generator credits and eligibility (secs 30AA–30AB, 225A) and rules on customer‑connected generation (sec 28) broaden the scope into retail and distributed generation policy.  \n- Employment law content (chapter 8, secs 167–207) imposes detailed labour and entitlements rules for State electricity employees — this is a distinct policy domain from electrical safety and network regulation.  \n\nThose additions materially broaden the regulation’s purpose from engineering and network‑safety rules to include product standards enforcement, economic and network planning tools, and employment conditions (see the cited sections above)."},"complexity_factors":["Very large instrument spanning multiple policy domains (safety/technical rules; metering; energy efficiency; network code consultation; employment law)","Extensive cross‑references to external regimes: National Electricity Rules, National Energy Retail Rules, AEMO and multiple other Acts","Numerous defined terms and local definitions (e.g. 'mine', 'petroleum plant', 'metering coordinator', 'qualifying customer')","Multiple conditional time thresholds and transitional rules (e.g. sec 11/13 voltage rules with pre/post‑27 Oct 2018 and 1 July 2020 conditions; many transitional sections)","Chapters with separate enforcement and procedural tracks (registration/testing with check testing, cancellations and criminal penalties in ch.7 versus dispute resolution and appeals in ch.9)","Nested exceptions and carve‑outs (e.g. service line cost limits, Ergon area equipment exclusions, medical exceptions, exemptions for second‑hand equipment)","Heavy administrative procedures: application forms, fees, testing report forms, regulator/QCA decision timelines (secs 138, 141, 127D)","Multiple oversight bodies with overlapping roles (regulator, QCA, QCAT, Industrial Magistrates Court, AEMO/System Operator)","Schedules and numerous amendment histories embedded in sections (schedules 1,4,7,8 and many 'ins/amd/om' notes)"],"plain_english_summary":"**What this regulation does (mechanically)**\n\n- Sets technical and safety obligations for designing, building, maintaining and operating electrical lines and works (design/earthing/voltage rules, penalties for non‑compliance) — see esp. secs 9–13, 16.  \n- Allocates responsibilities for service lines between electricity entities (distributors) and customers, including maximum lengths the distributor must provide at its cost, and customer obligations to provide mounting/access — secs 14–15.  \n- Controls how electricity entities may work on public land (notice, timing, guarding, restoration and maintenance duties) — secs 18–22.  \n- Regulates customer installations: what customers may install off their property, limits on interference with supply, requirements for customer generation to be approved before connection, and requirements for protective devices (circuit‑breakers/seals) — secs 24–31.  \n- Establishes metering and network device rules: who is the metering coordinator, what customers must provide to allow meter installation, sealing rules and who may break seals, provision of space and access for meters and network devices — secs 38–46, 39–46.  \n- Implements a province‑level restriction regime for high‑demand items in specified Ergon Energy localities (prohibits certain motors, large instantaneous water heaters and welding power sources, with limited exceptions) — secs 92–94 and schedule 1.  \n- Requires electricity entities and certain operators to follow the National Electricity Rules and not operate networks so as to interfere with the Queensland system; it also limits disclosure of commercially sensitive control information — secs 118–123.  \n- Requires distribution entities to prepare, submit to the regulator and follow demand management plans and to report on results — secs 127A–127H.  \n- Creates an energy‑efficiency/regulatory regime for prescribed electrical equipment: registration, testing, labelling, inspection, check testing and cancellation procedures; and offences and penalties for non‑compliance — ch.7 (secs 138–166 and following; testing secs 155–160, offences secs 161–166).  \n- Provides formal dispute‑resolution and internal review pathways (QCA for fairness/reasonableness disputes; QCAT and Industrial Magistrates Court appeal paths for external review) and the procedural steps and time limits for those reviews — secs 88–91, 208–221.  \n- Sets employment‑related rules for State electricity employees (definitions of redundancy, recognition of service, transfer rules, long service leave entitlement, locality allowances, overtime discretion in specified cases) — ch.8 (secs 167–207).  \n- Prescribes fees, declares certain State bodies to be State electricity entities, and contains transitional provisions carrying over registrations and decisions made under earlier regulations — secs 224, 226, ch.10‑pt.4.\n\n**Who is affected**\n\n- Electricity entities (generators, distribution entities, retailers and special approval holders): technical, operational, confidentiality and reporting duties; must follow the National Electricity Rules where applicable (secs 118–125).  \n- Distribution customers and premises owners: obligations about service line connections, provision of access and mounting space, restrictions on installing generation without supplier agreement (secs 14–15, 24, 28).  \n- Manufacturers, importers and suppliers of prescribed electrical equipment: registration, testing, labelling and potential penalties if items are unregistered or mislabelled (ch.7, secs 138–166, 155–160).  \n- Metering coordinators and distribution entities: powers to require meter‑related changes, seal devices, and recover costs (secs 40–46, 41, 42–44).  \n- State electricity employees and their employers: employment conditions, long service leave, redundancy and transfer rules (ch.8).  \n- Regulators and decision bodies: the Office of the Regulator (for registrations, testing and approvals), the Queensland Competition Authority (QCA) (dispute resolution, distribution code amendments) and QCAT/courts for external review (secs 88, 127C–127H, 222A–222O).  \n\n**Why it matters (practical effect and mechanics)**\n\n- Safety and reliability: the regulation sets minimum technical standards (earthing, voltage ranges, protective device coordination) and obliges entities to maintain works (secs 10–13, 16, 30).  \n- Allocation of costs and responsibilities: it specifies who pays for initial service lines and what owners must provide (secs 14–15), and who must provide substation space and when (secs 59–62). This changes private incentives around building location and fit‑out.  \n- Market and operational governance: it requires compliance with the National Electricity Rules where installations affect system security (secs 118, 120), and creates a structured consultation process for distribution network code changes (secs 222A–222O). These provisions shift some decision rights to AEMO, the System Operator and QCA.  \n- Product market effects: the registration, testing and labelling regime (ch.7) increases upfront compliance and testing costs for manufacturers/importers but aims to give purchasers reliable comparative information (secs 138–146, 152).  \n- Customer choice and embedded generation: customers may not connect generation to the network without supplier agreement (sec 28), which preserves network safety and stability but constrains unilateral private interconnection.  \n- Administrative and compliance burden: regulators and distribution entities gain discretionary powers (e.g. to require tests, cancel registrations, demand management approvals) creating administrative workload and compliance costs for regulated parties (secs 146A, 149, 127C–127F).  \n\n**Trade‑offs, incentives and implementation risks (brief testing of purpose claims against costs)**\n\n- Purpose claimed (safety, reliability and economic efficiency): the regulation ties technical rules to recognised Australian standards and the National Electricity Rules (secs 10–13, 118–120, 140). That links local practice to national standards but requires ongoing coordination and alignment (cost in regulatory coordination).  \n- Compliance costs vs consumer information: the registration and testing framework (secs 138–159) improves consumer comparability and enforces performance, but imposes testing, labelling and administrative fees on manufacturers/importers and on the regulator (costs likely concentrated on suppliers; benefits dispersed among consumers).  \n- Concentrated vs diffuse effects: many operational powers (service line cost allocation, substation space, meter configuration, sealing) give distribution entities specific decision rights and shift costs to customers/property owners in many cases (secs 14, 59, 40–44).  \n- Discretion and implementation risk: the regulator and QCA have discretion to approve or refuse registrations, demand management plans, and to resolve disputes (secs 127D–127E, 139, 88). Discretion speeds decision‑making but creates implementation risk that depends on the agencies’ resourcing and processes.  \n- Effects on private enterprise and competition: requirements to follow National Electricity Rules and QCA processes (secs 118–125, 222A–222O) can raise barriers for small providers (e.g. small generators need special approval or agreement to connect; sec 130 and sec 28), while demand management planning (secs 127C–127H) can create incentives for distribution entities to pursue non‑network solutions.  \n\nKey sections referenced above: 9–13, 14–16, 18–22, 24–31, 38–46, 55AA–30AB, 88–91, 118–125, 127C–127H, 138–166, 155–160, 167–207, 222A–222O, 226."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":677},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original technical focus on electricity supply standards. It now encompasses: (1) renewable energy integration (solar feed-in tariffs); (2) comprehensive energy efficiency appliance regulation; (3) detailed employment conditions for industry workers; (4) demand management planning; and (5) complex consultation requirements for network code amendments. The employment conditions chapter (Chapter 8) in particular represents a substantial expansion into industrial relations matters that goes well beyond the regulation's original infrastructure and safety purpose."},"complexity_factors":["Multiple overlapping regulatory frameworks (National Electricity Rules, Queensland Act, this Regulation)","Extensive cross-referencing between chapters, sections, and external standards (AS 60038, AS 61000)","Time-based conditional provisions with multiple cutoff dates (27 October 2018, 1 July 2020, 10 July 2012)","Nested definitions and exceptions (e.g., 'petroleum plant' defined through multiple layers)","Transitional provisions spanning multiple amendment regulations (2007, 2009, 2014, 2017, 2018)","Technical specifications mixed with administrative procedures and employment law","Schedule-based equipment categorisation with different registration/labelling requirements","Multiple dispute resolution pathways (QCA, QCAT, Industrial Relations Commission)"],"plain_english_summary":"This is Queensland's **Electricity Regulation 2006**, a detailed set of rules that govern how electricity is supplied, distributed, and used in the state. Think of it as the 'rulebook' for the power industry.\n\n**What it covers:**\n\n- **Technical standards** — Rules about voltage (240V/415V), frequency (50Hz), earthing systems, and how electric lines must be built and maintained\n- **Customer connections** — Who pays for service lines, how meters are installed, and what customers must provide (like circuit-breakers and safe access for meter readers)\n- **Solar power** — Special rules for 'feed-in tariffs' paying households with solar panels (notably the 44 cents/kWh rate for early adopters before July 2012)\n- **Energy efficiency** — Registration and labelling requirements for appliances like fridges, air conditioners, and motors\n- **Employment conditions** — Long service leave, locality allowances, and job transfer rules for electricity industry workers\n- **Network operations** — How distribution companies must manage demand, consult on code changes, and maintain the grid\n\n**Who it affects:**\n- **Electricity companies** (Ergon Energy, Energex, etc.) — Must comply with technical and operational rules\n- **Customers** — Must allow meter access, maintain safe installations, and follow restrictions on high-power equipment in some rural areas\n- **Solar households** — Eligibility rules for premium feed-in tariffs\n- **Appliance manufacturers** — Must register and label energy-efficient products\n- **Electricity workers** — Covered by special employment conditions including generous long service leave (1.3 weeks per year after 10 years)\n\n**Why it matters:** This regulation ensures safe, reliable electricity supply while protecting consumer rights, promoting energy efficiency, and managing the transition to renewable energy like rooftop solar."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/electricity-regulation-2006","history":"/api/acts/electricity-regulation-2006/history","analysis":"/api/acts/electricity-regulation-2006/analysis","conflicts":"/api/acts/electricity-regulation-2006/conflicts","importantCases":"/api/acts/electricity-regulation-2006/important-cases","documents":"/api/acts/electricity-regulation-2006/documents"}}