{"id":"nsw:sl-2021-0418","name":"Energy and Utilities Administration Regulation 2021","slug":"energy-and-utilities-administration-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"418 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176355,"registerId":"nsw-nsw:sl-2021-0418-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt","sectionType":"part","heading":null,"content":"# pt","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Energy and Utilities Administration Regulation 2021](/view/html/inforce/current/sl-2021-0418).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> committee means a committee established by the Minister in accordance with the Act, section 34W.\n> \n> the Act means the [Energy and Utilities Administration Act 1987](/view/html/inforce/current/act-1987-103).\n> \n> Note.\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Members and procedures of committees","content":"#### 4 Members and procedures of committees\n\n4 Members and procedures of committees\n\n> Schedule 1 contains provisions relating to the members and procedures of committees.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":null,"content":"# Part 2\n\nParts 2, 3\n\n5–9\n\n**pt 2:** Rep 2024 (601), Sch 1\\[2\\].\n\n**cl 5:** Rep 2024 (601), Sch 1\\[2\\]. Ins 2024 (601), Sch 1\\[3\\]. Rep 2025 (226), Sch 1.\n\n**cl 6:** Rep 2024 (601), Sch 1\\[2\\].\n\n**cl 7:** Rep 2024 (601), Sch 1\\[2\\].\n\n**cl 8:** Am 2021 (688), sec 3; 2023 (21), sec 3. Rep 2024 (601), Sch 1\\[2\\].\n\n**pt 3:** Ins 2023 (349), sec 3. Rep 2024 (601), Sch 1\\[2\\].\n\n**cl 9:** Ins 2023 (349), sec 3. Rep 2024 (601), Sch 1\\[2\\].","sortOrder":5},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members and procedure of committees generally","content":"# Schedule 1 Provisions relating to members and procedure of committees generally\n\nSchedule 1 Provisions relating to members and procedure of committees generally\n\nclause 4","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Remuneration","content":"#### 5 Remuneration\n\n5 Remuneration\n\n> > (1) The Minister may determine that a member is to be paid the following entitlements—\n> > \n> > > (a) remuneration, as determined by the Minister,\n> > \n> > > (b) allowances to reimburse the member for expenses that the member may incur, such as for travel or accommodation, in the exercise of functions carried out as a member.\n> \n> > (2) In making a determination under subclause (1)(a), the Minister must consider the guidelines entitled Classification and Remuneration Framework for NSW Government Boards and Committees published by the Public Service Commission.","sortOrder":11},{"sectionNumber":"6","sectionType":"section","heading":"Vacancy in office of member","content":"#### 6 Vacancy in office of member\n\n6 Vacancy in office of member\n\n> > (1) The office of a member becomes vacant if the member—\n> > \n> > > (a) dies, or\n> > \n> > > (b) completes a term of office and is not re-appointed, or\n> > \n> > > (c) resigns the office by written instrument addressed to the Minister, or\n> > \n> > > (d) is absent from 3 consecutive meetings of the committee of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Minister or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for having been absent from those meetings, or\n> > \n> > > (e) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit, or\n> > \n> > > (f) becomes a mentally incapacitated person, or\n> > \n> > > (g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.\n> \n> > (2) If the office of a member becomes vacant, a person must, subject to this Regulation, be appointed to fill the vacancy.","sortOrder":12},{"sectionNumber":"7","sectionType":"section","heading":"Disclosure of pecuniary and other interests","content":"#### 7 Disclosure of pecuniary and other interests\n\n7 Disclosure of pecuniary and other interests\n\n> > (1) A member must, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of a pecuniary or other interest at a meeting of the committee if—\n> > \n> > > (a) the member has a pecuniary or other interest in a matter being considered or about to be considered at a meeting of a committee, and\n> > \n> > > (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter.\n> \n> > (2) A disclosure by a member at a meeting of a committee that the member—\n> > \n> > > (a) is a director, or is in the employment, of a specified company or other body, or\n> > \n> > > (b) is a partner, or is in the employment, of a specified person, or\n> > \n> > > (c) has some other specified interest relating to a specified company or other body or to a specified person,\n> > \n> > is a sufficient disclosure of the nature of the interest in a matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).\n> \n> > (3) Particulars of a disclosure made under this clause must be recorded by the committee and made available to a person on request.\n> \n> > (4) After a member has disclosed the nature of an interest in a matter, the member must not, unless the committee otherwise determines—\n> > \n> > > (a) be present during a deliberation of the committee with respect to the matter, or\n> > \n> > > (b) take part in a decision of the committee with respect to the matter.\n> \n> > (5) For the purposes of making a determination under subclause (4), a member who has a pecuniary or other interest in a matter to which the disclosure relates must not—\n> > \n> > > (a) be present during a deliberation of the committee for the purpose of making the determination, or\n> > \n> > > (b) take part in the making of the determination.\n> \n> > (6) A contravention of this clause does not invalidate a decision of the committee.","sortOrder":13},{"sectionNumber":"8","sectionType":"section","heading":"Interests required to be disclosed","content":"#### 8 Interests required to be disclosed\n\n8 Interests required to be disclosed\n\n> > (1) For the purposes of clause 7, an interest is an interest that a member has in a matter because of a reasonable likelihood or expectation of appreciable gain or loss, whether financial or otherwise, to the member or another person with whom the member is associated as provided by subclauses (3) and (4).\n> \n> > (2) A member does not have an interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence a decision the member might make in relation to the matter.\n> \n> > (3) A member is taken to have an interest in a matter if—\n> > \n> > > (a) a relative of the member has an interest in the matter, or\n> > \n> > > (b) a partner or employer of the member has a pecuniary interest in the matter, or\n> > \n> > > (c) the member, or a nominee, partner or employer of the member, is a member of a company or other body that has a pecuniary interest in the matter.\n> \n> > (4) Despite subclause (3), a member is not taken to have a pecuniary interest in a matter—\n> > \n> > > (a) if the member is unaware of the relevant pecuniary interest of the relative, partner, employer or company or other body, or\n> > \n> > > (b) only because the member is a director of, or is employed by, a statutory body or is employed by the Crown, or\n> > \n> > > (c) only because the member is a member of a company or other body that has a pecuniary interest in the matter, provided the member has no beneficial interest in shares of the company or body.\n> \n> > (5) In this clause, a reference to a relative of a member is a reference to—\n> > \n> > > (a) a spouse or de facto partner of the member, or\n> > \n> > > (b) a parent, child, sibling or step-sibling of the member or of the member’s spouse or de facto partner, or\n> > \n> > > (c) another person with whom the member is in an intimate personal relationship.","sortOrder":14},{"sectionNumber":"9","sectionType":"section","heading":"Quorum","content":"#### 9 Quorum\n\n9 Quorum\n\n> The quorum for a meeting of a committee is a majority of its members.","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Voting","content":"#### 10 Voting\n\n10 Voting\n\n> > (1) A decision approved by a majority of the voting members of a committee is the decision of the committee.\n> \n> > (2) Subject to clause 12, a decision of a committee, including the reasons for the decision, must be recorded in writing in the minutes of the committee meeting at which the decision was approved.","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"General procedure","content":"#### 11 General procedure\n\n11 General procedure\n\n> The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is, subject to this Regulation, to be determined by the committee.","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Transaction of business outside meetings or by telecommunication","content":"#### 12 Transaction of business outside meetings or by telecommunication\n\n12 Transaction of business outside meetings or by telecommunication\n\n> > (1) A committee may, if it thinks fit, transact any of its business by the circulation of papers among all of its members, and a resolution in writing, approved by a majority of the members in writing, is taken to be a decision of the committee.\n> \n> > (2) A committee may, if it thinks fit, transact business at a meeting at which members, or some members, participate by telephone, audio visual link or other means, but only if a member who speaks on a matter at the meeting can be heard by the other members.\n> \n> > (3) For the purposes of—\n> > \n> > > (a) the approval of a resolution under subclause (1), or\n> > \n> > > (b) a meeting held in accordance with subclause (2),\n> > \n> > the chairperson and each other member have the same voting rights as they have at an ordinary meeting of the committee.\n> \n> > (4) A resolution approved under subclause (1) is to be recorded in the minutes of the meeting of the committee.\n> \n> > (5) Papers may be circulated among members for the purposes of subclause (1) by email or other transmission of the information in the papers concerned.","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Code of conduct","content":"#### 13 Code of conduct\n\n13 Code of conduct\n\n> > (1) The Minister may—\n> > \n> > > (a) approve a code of conduct to be observed by the members in carrying out the functions of a committee, and\n> > \n> > > (b) authorise changes to the code of conduct as recommended by the committee.\n> \n> > (2) Compliance with an approved code of conduct is a condition of the appointment of a member to whom the code of conduct applies.\n> \n> > (3) The code of conduct may identify conduct, whether involving an act or omission, that is likely to bring the committee or its members into disrepute.\n> \n> > (4) The Minister may remove a member who has contravened a provision of an approved code of conduct if the provision is identified as a termination provision.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Subcommittees","content":"#### 14 Subcommittees\n\n14 Subcommittees\n\n> > (1) A committee may, on its own initiative or as requested by the Minister, establish subcommittees to assist the committee in the exercise of its functions.\n> \n> > (2) The procedure for calling meetings of a subcommittee and for the conduct of those meetings is to be determined by the committee or, subject to a determination by the committee, by the subcommittee.\n> \n> > (3) The committee may delegate to a subcommittee any of its functions, other than this power of delegation.","sortOrder":20}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no indication that the scope of this regulation has shifted from its original intent. It remains a subordinate regulation supporting the administration of energy and utilities in NSW. The multiple amendments are consistent with routine updates to administrative rules rather than any fundamental expansion or contraction of scope."},"complexity_factors":["Limited substantive content available — only metadata, version history, and status information were provided, not the actual provisions of the regulation","The regulation operates under a parent Act (Energy and Utilities Administration Act 1987), requiring cross-referencing to understand full effect","Multiple amendments over a relatively short lifespan (6 versions since 2021) suggest evolving complexity in the underlying rules","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural layer to understand","Low inherent complexity rating applies because the document as provided contains no substantive legal provisions to analyse — administrative/machinery regulations of this type are generally less complex than primary legislation"],"plain_english_summary":"The Energy and Utilities Administration Regulation 2021 (NSW) sets out the administrative rules and procedures that support the Energy and Utilities Administration Act 1987, governing how NSW manages energy and utilities services. It mainly affects government agencies, energy utilities and administrative bodies; ordinary consumers are impacted only indirectly.\n\nThe regulation has been amended several times, with the current version effective 23 May 2025, and is scheduled to automatically expire on 1 September 2026 under NSW sunset rules."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The text shows multiple amendments and repeals to Parts 2 and 3 and clauses 5–9 (annotations referencing 2023–2025 insertions and repeals). Those notes indicate the regulation's scope and content have been varied since original enactment; the supplied text does not state the policy reasons for those changes."},"complexity_factors":["Ministerial discretion over appointments, remuneration, allowances and code enforcement (cl.2, cl.5, cl.13)","Detailed disclosure duties, definitional scope and exceptions for pecuniary and other interests (cls 7–8)","Procedural rules covering quorum, voting, minutes, written resolutions and telecommunication participation (cls 9–12)","Term limits, vacancy triggers including incapacity, bankruptcy, criminal conviction and absence rules (cls 4, 6)","Delegation and subcommittee powers with procedural delegations and limits (cl.14)","Record‑keeping and public access requirement for disclosures (cl.7(3))","Amendment/repeal history noted in Part 2 which may affect application of clauses over time (Part 2 notes, cl.5–9 annotation)"],"plain_english_summary":"This regulation sets rules for Minister‑appointed energy and utilities committees: membership numbers and roles, appointment terms, remuneration, conflict disclosure, meeting procedure (quorum, voting, written resolutions, teleconferencing), codes of conduct, and subcommittee powers. It applies to committee members and the Minister, and matters because it structures decision‑making, assigns ministerial discretion, and creates compliance duties and record‑keeping obligations for members."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 2021 Regulation appears to have contained substantive operational provisions in Parts 2 and 3 (clauses 5-9), which have been entirely repealed by amendments in 2024 and 2025. What remains is essentially a procedural shell governing committee membership and meetings. The legislation has shrunk significantly from its original scope, now functioning primarily as a vehicle for Schedule 1 (committee procedures) rather than substantive energy and utilities administration."},"complexity_factors":["Only 2 defined terms in the main body (committee, the Act), plus 1 in Schedule 1 (member)","Straightforward procedural rules without nested exceptions","Clear, linear structure: definitions → membership → meetings → conduct","Some cross-referencing to parent Act and Interpretation Act, but minimal","Interest disclosure provisions (clauses 7-8) contain conditional logic but are standard boilerplate for NSW regulations","Most provisions are permissive ('may') rather than conditional ('if X then Y unless Z')","Length is moderate—essentially a standard committee governance template"],"plain_english_summary":"This Regulation sets out the rules for how advisory committees operate under the Energy and Utilities Administration Act 1987 (NSW).\n\n**What it does:**\n- Establishes the structure and operating procedures for committees that advise the Minister on energy and utilities matters\n- Sets rules for who can be on these committees, how long they serve, and how they get paid\n- Requires members to disclose conflicts of interest (situations where personal interests might clash with their official duties)\n- Allows committees to meet in person, by phone/video, or make decisions via email circulation\n- Lets committees create smaller subcommittees for specific tasks\n\n**Who it affects:**\n- People appointed to serve on energy and utilities advisory committees\n- The Minister who appoints them and sets their pay\n- Anyone doing business with these committees who needs transparency about member interests\n\n**Why it matters:**\nThis ensures government advisory bodies operate transparently and fairly. The conflict-of-interest rules prevent members from making decisions that could personally benefit them, their families, or their employers. The flexible meeting rules allow committees to function efficiently even when members can't meet in person."}},"importantCases":[],"_links":{"self":"/api/acts/energy-and-utilities-administration-regulation-2021","history":"/api/acts/energy-and-utilities-administration-regulation-2021/history","analysis":"/api/acts/energy-and-utilities-administration-regulation-2021/analysis","conflicts":"/api/acts/energy-and-utilities-administration-regulation-2021/conflicts","importantCases":"/api/acts/energy-and-utilities-administration-regulation-2021/important-cases","documents":"/api/acts/energy-and-utilities-administration-regulation-2021/documents"}}