{"id":"a-2000-65","name":"Utilities Act 2000","slug":"utilities-act-2000","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"65 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24577,"registerId":"act-a-2000-65-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Utilities Act 2000.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"ICRC’s objects","content":"3 ICRC’s objects\nICRC’s objects under this Act are as follows:\n(a) to encourage the provision of safe, reliable, efficient and high\nquality utility services at reasonable prices;\n(b) to minimise the potential for misuse of monopoly power in the\nprovision of utility services;\n(c) to promote competition in the provision of utility services;\n(d) to encourage long-term investment, growth and employment in\nutility service industries;\n(e) to promote ecologically sustainable development in the\nprovision of utility services;\n(f) to protect the interests of consumers;\n(g) to ensure that advice given to ICRC by the ACAT is properly\nconsidered;\n(h) to ensure the Government’s programs about the provision of\nutility services are properly addressed;\n(i) to give effect to directions of the Minister under section 19.\n\nPreliminary Part 1\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Dictionary","content":"4 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘customer—see section 17\n(Customers).’ means the term ‘customer’ is defined in that section.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Notes","content":"5 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":3},{"sectionNumber":"5A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• s 54J (Production of relevant information etc)\n• s 54L (Offence––failure to register)\n• s 75H (Offence—contravention of code, s 75E or s 75GA)\n• s 75J (Offence—contravention of direction)\n• s 75K (Offence—contravention of s 75F)\n• s 243 (Identity cards)\n• s 248 (Interference with territory networks).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nElectricity Division 2.1\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"1 Electricity","content":"Division 2.1 Electricity\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Electricity services","content":"6 Electricity services\n(a) the distribution of electricity through an electricity network;\n(b) an electricity connection service;\n(c) the capacity to generate 30MW or more of power connected to\nan electricity network;\n(d) the transmission of electricity through an electricity network.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Electricity networks","content":"7 Electricity networks\n(1) For this Act, an electricity transmission network consists of\ninfrastructure used, or for use, in relation to the transmission of\nelectricity by a person to an electricity distribution network.\n(2) For this Act, an electricity distribution network consists of\ninfrastructure used, or for use, in relation to the distribution of\nelectricity by a person for supply to the premises of another person.\ninfrastructure means—\n(a) powerlines; or\n(b) substations and equipment for monitoring, distributing,\nconverting, transforming, or controlling electricity; or\n(c) a structure supporting overhead powerlines; or\n(d) wires, ducts or pipes for wires, or equipment; or\n(e) any other thing ancillary to any other part of the infrastructure.\n\n(4) An electricity network does not include infrastructure that is outside\nthe network boundary.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Gas—terminology","content":"8 Gas—terminology\ngas means natural gas.\n(2) A term used in any of the following has the same meaning in this Act:\n(a) National Gas (ACT) Act 2008;\n(b) National Gas (ACT) Law;\n(c) National Gas (ACT) Regulation.\nNote A definition in an Act applies except so far as the contrary intention\nappears (see Legislation Act, s 155).\nnatural gas—see the National Gas (ACT) Law, section 2.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Gas services","content":"9 Gas services\n(a) the transmission of gas through a gas transmission network;\n(b) the distribution of gas through a gas distribution network;\n(c) a gas connection service.\n\nNatural gas Division 2.2\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Gas networks","content":"10 Gas networks\n(1) For this Act, a gas transmission network consists of infrastructure\nused, or for use, in relation to the transmission of gas by a person\nthrough a transmission pipeline to a gas distribution network owned\nor operated by another person.\n(2) For this Act, a gas distribution network consists of infrastructure\nused, or for use, in relation to the distribution of gas by a person\nthrough a distribution pipeline for supply to premises of another\ndistribution pipeline—see the National Gas (ACT) Law, section 2.\ninfrastructure means—\n(a) pipelines; or\n(b) meters; or\n(c) any equipment (including pressure control devices, excess flow\nvalves, control valves, actuators, electrical equipment, telemetry\nequipment, cathodic protection installations, compounds, pits,\nbuildings, signs and fences); or\ntransmission pipeline—see the National Gas (ACT) Law, section 2.\n(4) A gas network does not include infrastructure that is outside the\n\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Water services","content":"11 Water services\n(a) the collection or treatment of water, or both, for distribution\nthrough a water network;\n(b) making a water network available for the provision of water\nconnection services;\n(c) the distribution of water through a water network;\n(d) a water connection service;\n(e) the supply of water from a water network to premises for\nconsumption.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Water network","content":"12 Water network\n(1) For this Act, a water network consists of the infrastructure mentioned\nin subsection (2) used, or for use, in relation to any of the following\npurposes:\n(a) the collection and treatment of water for distribution by a person\nto premises of another person;\n(b) the distribution of water by a person for supply to premises of\nanother person.\n(2) For subsection (1), the infrastructure consists of the following:\n(a) water storages, mains and treatment plants;\n(b) pumps, facilities and equipment for distributing water, or\nmonitoring or controlling the distribution of water;\n(c) pipes or equipment;\n\nSewerage Division 2.4\n(3) A water network does not include infrastructure that is outside the\nDivision 2.4 Sewerage\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Sewerage services","content":"13 Sewerage services\n(a) making a sewerage network available for the provision of\nsewerage connection services;\n(b) a sewerage connection service;\n(c) a sewerage service.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Sewerage network","content":"14 Sewerage network\n(1) For this Act, a sewerage network consists of the infrastructure\nmentioned in subsection (2) used, or for use, in relation to the\nprovision of sewerage services by a person to premises of another\n(2) For subsection (1), the infrastructure consists of the following:\n(a) sewage storages, trunk sewers, mains and treatment plants;\n(b) pumps, facilities and equipment for conveying sewage, or\nmonitoring or controlling the conveyance of sewage;\n(c) pipes or equipment;\n(3) A sewerage network does not include infrastructure that is outside the\n\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Prescribed utility services","content":"15 Prescribed utility services\n(1) The regulations may prescribe—\n(a) a service related or ancillary to a utility service mentioned in\ndivision 2.1, 2.2, 2.3 or 2.4; or\n(b) a service complementary to the operations of a utility;\nto be a utility service.\n(2) The regulations may prescribe the utility network, and the\ninfrastructure it consists of, for a utility service prescribed by\nregulations under subsection (1).\n(3) Regulations made for this section may—\n(a) exempt a person from a stated requirement under this Act; and\n(b) state the circumstances in which an exemption applies.\n","sortOrder":15},{"sectionNumber":"15A","sectionType":"section","heading":"Exempt classes of utility services","content":"15A Exempt classes of utility services\n(1) A regulation may exempt a class of utility service from this Act if,\nafter consulting the ICRC and having regard to the matters in\nsubsection (2), the Minister is satisfied on reasonable grounds that—\n(a) the class of utility service is, either—\n(i) adequately regulated under another law applying in the\nACT; or\n(ii) not required to be regulated; and\n(b) exempting the class of utility service will not significantly\nimpede the ICRC achieving its objects under section 3.\n(2) For subsection (1), the Minister must have regard to the following:\n(a) the nature and kind of utility service;\n\nMiscellaneous Division 2.5\n(b) the level of risk of—\n(i) a utility service in the class failing; or\n(ii) a utility failing to provide a utility service in the class in a\nsafe, reliable and effective way;\n(c) the consequences for consumers, public safety and the\nenvironment if—\n(i) a utility service in the class were to fail; or\n(ii) a utility were to fail to provide a utility service in the class\nin a safe, reliable and effective way.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Customers","content":"17 Customers\ncustomer, for a utility service, means—\n(a) a person for whom the service is provided under a customer\ncontract; or\n(b) a person who has applied, orally or in writing, to the relevant\nutility for the service to be provided under a customer contract.\nfranchise customer, in relation to the supply of water to premises,\nmeans a customer other than a non-franchise customer for the supply\nto the premises.\nnon-franchise customer, for the supply of water to premises, means\na person who has that status because of a declaration under section 18.\n(2) For subsection (1), definition of customer, paragraph (b), an\napplication for a connection or supply service in relation to water or\nsewerage includes an application by, or for, a person for approval of\na plan for plumbing or drainage work to connect premises to the\nrelevant network.\n\n(3) For this Act, a customer to whom a declaration under section 18\napplies is a non-franchise customer for a utility service only in the\ncircumstances to which the declaration relates.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Declaration of non-franchise customers","content":"18 Declaration of non-franchise customers\n(1) The Minister may declare a person to be a non-franchise customer in\nrelation to the supply of water to premises.\nNote Power to make a statutory instrument (including a declaration) includes\npower to make different provision for different categories (see\nLegislation Act, s 48).\n(2) A declaration is a notifiable instrument.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Ministerial directions","content":"19 Ministerial directions\n(1) A direction under this section may be given only to ensure the\nachievement of the objects set out in section 3 (a) to (h).\n(2) The Minister may give a direction to ICRC about the results it must\nachieve by—\n(a) licence conditions; or\n(b) industry codes.\n(3) A direction may be given generally or in relation to a particular\nmatter.\n(4) ICRC must give effect to the direction as far as practicable.\n(5) A direction is a disallowable instrument.\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Other laws not affected","content":"20 Other laws not affected\n(1) This Act is in addition to, and does not limit, any other Act.\n(2) In particular, nothing in this Act affects the exercise of a function\nunder, or the obligation of a utility to comply with a requirement of\nor under, any of the following:\n(a) the Electricity Safety Act 1971;\n\nMiscellaneous Division 2.5\n(b) the Emergencies Act 2004;\n(c) the Environment Protection Act 1997;\n(d) the Australian Consumer Law (ACT);\n(e) the Gas Safety Act 2000;\n(f) the National Gas (ACT) Act 2008;\n(g) the National Gas (ACT) Law;\n(h) the National Gas (ACT) Regulation;\n(i) the Planning Act 2023;\n(j) the Water and Sewerage Act 2000;\n(k) the Water Resources Act 2007;\n(l) the Work Health and Safety Act 2011.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\n\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Requirement for licence","content":"21 Requirement for licence\n(1) A person must not provide a utility service except in accordance with\na licence.\n(2) A person who contravenes subsection (1) commits a separate offence\nfor each day (after the first day) during any part of which the\ncontravention continues.\nfine not exceeding 600 penalty units.\n(4) To remove any doubt, subsection (1) does not apply to the provision\nof a utility service by a person as an agent of a utility.\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Exemption","content":"22 Exemption\n(1) The Minister may exempt a person from the requirement for a licence\nin relation to a utility service.\nNote Power given under an Act to make a statutory instrument includes power\nto make different provision for different categories, eg different classes\nof people or services (see Legislation Act, s 48).\n(2) An exemption is subject to compliance with any condition stated in\nthe instrument of exemption.\n\nTerms of licences Division 3.2\n(3) An exemption is a disallowable instrument.\nNote The conditions on an exemption may, for example, require compliance\nwith certain requirements under the Act in relation to safety and technical\nmatters.\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Licensed utility services","content":"23 Licensed utility services\nA licence may be for 1 or more stated utility services, for example—\n(a) in 1 or more areas; or\n(b) for 1 or more classes of people.\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Duration","content":"24 Duration\nA licence may be in force indefinitely or for a term stated in the\nlicence.\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"General conditions","content":"25 General conditions\n(1) A licence is subject to—\n(a) the conditions imposed from time to time by this Act; and\n(b) any other condition stated in the licence by ICRC that is not\ninconsistent with a requirement of, or under, this Act or any\nother law of the Territory.\n(2) A licence is subject to the following conditions:\n(a) that the utility comply with each of the following:\n(i) any requirement under this Act or a related law;\n(ii) a requirement under any other law in force in the Territory\nthat applies to the utility in relation to the provision of a\nutility service;\n(iii) each industry code that applies to the utility;\n\n(iv) each technical code that applies to the utility;\n(v) a direction given to it by ICRC under this Act or a related\nlaw;\n(vi) a technical regulator’s direction given under the Utilities\n(Technical Regulation) Act 2014 that applies to the utility;\n(b) that the utility maintains the capacity, as determined in\naccordance with the relevant technical and prudential criteria\nadopted by ICRC from time to time under section 26—\n(i) to comply with the licence conditions; and\n(ii) to operate a viable business as a licensee;\n(c) that the utility keep all records and documents necessary to\nenable it to meet any reporting requirement, or any requirement\nto produce a record or document, under this Act or another\ncondition of its licence;\n(d) that the utility give ICRC, in accordance with any written\nrequirements by ICRC, an annual report for each financial year\nin relation to—\n(i) the exercise of its functions under this Act; and\n(ii) its compliance with the conditions of the licence.\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Technical and prudential criteria","content":"26 Technical and prudential criteria\n(1) ICRC must, in writing, adopt technical and prudential criteria for\ndetermining whether a utility, or an applicant for a licence, has the\ncapacity—\n(a) to comply with licence conditions; and\n(b) to operate a viable business as licensee.\n(2) ICRC must, on request in writing by a utility, or an applicant or\nprospective applicant for a licence, give the person particulars of the\nrelevant technical and prudential criteria.\n\nTerms of licences Division 3.2\n(3) Section 38 applies to a variation of the criteria adopted in relation to\na particular utility in the same way as it applies to a variation of a\nlicence.\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Special conditions—water supply services","content":"27 Special conditions—water supply services\nA licence to supply water is, in addition to the conditions mentioned\nin section 25, subject to the following conditions:\n(a) that the utility supply only customers of the kind to which the\nlicence relates;\n(b) if the licence is for supply to franchise customers—that the\nwater is supplied in accordance with the terms of the utility’s\nstandard customer contract for the supply (except to the extent\nthat the customer and utility agree to other terms).\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Special conditions—electricity distribution","content":"28 Special conditions—electricity distribution\n(1) A licence to distribute electricity is, in addition to the conditions\nmentioned in section 25, subject to the condition that the utility\ncomply with each applicable determination made by ICRC as the\njurisdictional regulator under the national electricity rules.\njurisdictional regulator—see the ICRC Act, section 4A (4) (National\nelectricity rules—electricity distribution and transmission pricing).\n","sortOrder":28},{"sectionNumber":"32","sectionType":"section","heading":"Rights under licences","content":"32 Rights under licences\nThe rights conferred by a licence—\n(a) are subject to the operation of this Act and each related law and,\nin particular, are subject to a declaration under section 18; and\n(b) are not exclusive, unless the licence provides otherwise.\n\n","sortOrder":29},{"sectionNumber":"33","sectionType":"section","heading":"Partnerships and other groups","content":"33 Partnerships and other groups\n(1) A licence granted to a member of a group on behalf of the group is\ntaken to have been granted to the group.\n(2) This Act and each related law apply to the group as if it were a person,\nbut with the following changes:\n(a) a function that would be exercisable by the group may be\nexercised by any member;\n(b) an obligation that would be imposed on the group is imposed\ninstead on each member, but may be discharged by any member;\n(c) a liability that would be imposed on the group is imposed\ninstead, jointly and severally, on each member;\n(d) an offence against this Act or a related law that would otherwise\nbe committed by the group is taken to have been committed by\neach member.\n(3) In a prosecution of a person for an offence that the person is taken to\nhave committed because of subsection (2) (d), it is a defence if the\nperson proves that he or she—\n(a) did not aid, abet, counsel or procure the relevant act or omission;\nor\n(b) was not in any way knowingly concerned in, or party to, the\nrelevant act or omission (whether directly or indirectly and\nwhether by any act or omission of the person).\n(4) If, under this Act or a related law, a document is given to a member\nof a group, it is taken to have been given to the group.\n\ngroup means—\n(a) a partnership under the Partnership Act 1963; or\n(b) joint venturers or a consortium, syndicate or other\nunincorporated body of 2 or more people.\n","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Applications for certain licence decisions","content":"34 Applications for certain licence decisions\nAn application for any of the following must be made to ICRC:\n(a) the grant of a licence;\n(b) ICRC’s agreement to the transfer of a licence;\n(c) the variation of a licence;\n(d) an exemption from compliance with a licence condition.\n","sortOrder":31},{"sectionNumber":"35","sectionType":"section","heading":"Further information","content":"35 Further information\n(1) ICRC may, by written notice given to an applicant, require the\napplicant to give ICRC further stated information or documents that\nICRC reasonably requires to determine the application.\n(2) ICRC is not required to determine an application until the applicant\ncomplies with the requirement.\n","sortOrder":32},{"sectionNumber":"36","sectionType":"section","heading":"Public consultation","content":"36 Public consultation\n(1) Before ICRC makes a defined licence decision under this division, it\nmay give public notice, and notice on the ICRC’s website, about the\nmatter to be decided and invite submissions about that matter from\ninterested people.\n\n(2) The public notice must—\n(a) state where copies of relevant documents may be inspected; and\n(b) state—\n(i) where submissions may be lodged; and\n(ii) the closing date for submissions, that is at least 28 days\nafter the day the notice is published.\n(3) If ICRC gives public notice under subsection (1) about a defined\nlicence decision, it must not make the decision unless it has—\n(a) allowed the utility a reasonable opportunity—\n(i) to examine submissions lodged with ICRC in accordance\nwith the public notice; and\n(ii) to make representations to ICRC about any matter raised\nin the submissions; and\n(b) considered the matters raised in all the submissions and\nrepresentations properly made to ICRC.\ndefined licence decision means a decision to—\n(a) grant a licence under section 37; or\n(b) vary a licence under section 38; or\n(c) exempt a utility under section 39; or\n(d) agree to the transfer of a licence under section 40.\n(a) in relation to the grant of a licence—means the applicant for the\nlicence; and\n(b) in relation to the transfer of a licence—includes the intended\ntransferee.\n\n","sortOrder":33},{"sectionNumber":"37","sectionType":"section","heading":"Grant","content":"37 Grant\n(1) ICRC may, on application, grant a licence to a person to provide a\nutility service.\nNote 1 Under s 52, the ICRC must prepare a notice of a grant of a licence. The\nNote 2 If ICRC refuses to grant a licence, or grants a licence subject to a\ncondition imposed by it, it must give a reviewable decision notice to the\napplicant for the licence (see s 43A).\n(2) ICRC must grant the licence if satisfied that—\n(a) the applicant has the capacity, as determined in accordance with\nthe relevant technical and prudential criteria adopted by ICRC\nunder section 26—\n(i) to comply with the licence conditions; and\n(ii) to operate a viable business as licensee; and\n(b) the applicant satisfies any other requirement that is relevant to\nICRC’s objects under this Act.\n(3) A licence to provide utility services to franchise customers, whether\nexclusively or otherwise, may be granted by ICRC only with the\nwritten approval of the Minister.\nNote Under s 52, the ICRC must prepare a notice of a refusal of a licence. The\n","sortOrder":34},{"sectionNumber":"38","sectionType":"section","heading":"Variation","content":"38 Variation\n(1) ICRC may, in writing, vary a utility’s licence—\n(a) on application by the utility; or\n(b) on its own initiative, by written notice given to the utility; or\n\n(c) to include a condition on the recommendation of the technical\nregulator.\nNote 1 Under s 52, the ICRC must prepare a notice of a variation of a licence.\nThe notice is a notifiable instrument.\nNote 2 If ICRC refuses to vary a licence, it must give a reviewable decision\nnotice to the licensee (see s 43A).\nNote 3 For how documents may be given, see the Legislation Act, pt 19.5.\n(2) ICRC may vary a licence on its own initiative only if ICRC—\n(a) has given the utility reasonable notice of the proposed variation\nand its reasons for the variation; and\n(b) has allowed the utility a reasonable opportunity to make\nrepresentations to ICRC about the proposal; and\n(c) has taken account of any representation; and\n(d) is satisfied that the variation is appropriate.\n(3) However, ICRC may vary a licence on its own initiative without\ncomplying with subsection (2) (a), (b) and (c) if satisfied that—\n(a) the variation is necessary or convenient—\n(i) to give effect to a direction by the Minister under\nsection 19; or\n(ii) following a review of the licence under section 46; or\n(iii) because of an amendment of an Act or a subordinate law;\nor\n(b) the variation—\n(i) is unlikely to adversely affect anyone; and\n(ii) would not materially alter the licence.\n\n(4) The ICRC may vary a utility’s licence on the recommendation of the\ntechnical regulator only if the ICRC—\n(a) receives written notice from the technical regulator\nrecommending the variation under the Utilities (Technical\nRegulation) Act 2014, section 79; and\n(b) is satisfied on reasonable grounds that the variation is\nappropriate.\n(5) A variation takes effect—\n(a) on the day ICRC gives written notice of the variation to the\nutility; or\n(b) if the notice specifies a later date of effect—on that day.\n(6) A utility whose licence is varied on application by the utility must pay\nthe determined fee (if any) to ICRC.\n","sortOrder":35},{"sectionNumber":"39","sectionType":"section","heading":"Exemption from licence condition","content":"39 Exemption from licence condition\n(1) ICRC may, on application and by notice given to a utility, exempt the\nutility from compliance with a condition of its licence in relation to a\nstated activity or in stated circumstances.\nNote Under s 52, the ICRC must prepare a notice of an exemption from a\ncondition of a licence. The notice is a notifiable instrument.\n(2) An exemption may be given in relation to a condition, whether\nimposed by this Act or by ICRC.\n(3) An exemption—\n(a) must state the period for which it is given; and\n(b) is subject to any further condition stated in the instrument of\nexemption.\n(4) This section does not limit ICRC’s other powers under this Act in\nrelation to the licence.\n\n(5) An exemption notice is a disallowable instrument.\n","sortOrder":36},{"sectionNumber":"40","sectionType":"section","heading":"Transfer","content":"40 Transfer\n(1) A licence is transferable only with ICRC’s written agreement.\nNote 1 Under s 52, the ICRC must prepare a notice of a transfer of a licence. The\nNote 2 If ICRC refuses to agree to the transfer of a licence, it must give a\nreviewable decision notice to the licensee (see s 43A).\n(2) ICRC may, on application, agree to a transfer of a licence only if\nsatisfied that the intended licensee satisfies the requirements\nmentioned in section 37 (2) that apply at the time of the transfer.\n(3) A transfer takes effect—\n(a) on the day ICRC gives written notice of its agreement to the\nlicensee; or\n(b) if the notice provides for a later date of effect—on that day.\nNote Under s 52, the ICRC must prepare a notice of a refusal to agree to\ntransfer a licence. The notice is a notifiable instrument.\n","sortOrder":37},{"sectionNumber":"41","sectionType":"section","heading":"Surrender","content":"41 Surrender\n(1) A utility may surrender its licence by giving written notice of\nsurrender to ICRC.\nNote Under s 52, the ICRC must prepare a notice of a surrender of a licence.\nThe notice is a notifiable instrument.\n(2) The surrender takes effect—\n(a) 90 days after the day the written notice is given to ICRC; or\n(b) if ICRC accepts an earlier surrender—on the day ICRC gives\nwritten notice of the acceptance to the utility.\n\n","sortOrder":38},{"sectionNumber":"42","sectionType":"section","heading":"Revocation","content":"42 Revocation\n(1) Before ICRC revokes a licence, it must—\n(a) in writing, give the utility reasonable notice of the proposed\nrevocation and its reasons for the revocation; and\n(b) allow the utility a reasonable opportunity to make\nrepresentations to ICRC; and\n(c) take account of any representation; and\n(d) comply with any other requirements about revocation set out in\nthe licence.\n(2) ICRC may, in writing, revoke a licence—\n(a) if—\n(i) in the past 5 years, the licensee has been convicted of 2 or\nmore offences against this Act (other than a daily offence);\nand\n(ii) the offences involve a contravention of 1 or more licence\nconditions; and\n(iii) ICRC is satisfied that each contravention is material to the\nlicensee’s continuing operations, having regard to the\nnature and scope of the activities to which the licence\nrelates; or\n(b) if an annual licence fee, or any instalment, remains unpaid more\nthan for 28 days after it is due for payment in accordance with\nthe notice of the relevant determination under section 45.\nNote Under s 52, the ICRC must prepare a notice of a revocation of a\nlicence. The notice is a notifiable instrument.\n\n","sortOrder":39},{"sectionNumber":"Div 3","sectionType":"division","heading":"3A Notification and review of ICRC decisions","content":"Division 3.3A Notification and review of ICRC decisions\n(3) A revocation takes effect—\n(a) on the day ICRC gives a reviewable decision notice about the\nrevocation to the licensee; or\n(b) if the notice provides for a later date of effect—on that day.\nDivision 3.3A Notification and review of ICRC\ndecisions\n","sortOrder":40},{"sectionNumber":"43","sectionType":"section","heading":"Meaning of reviewable decision—div 3.3A","content":"43 Meaning of reviewable decision—div 3.3A\nreviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":41},{"sectionNumber":"43A","sectionType":"section","heading":"Reviewable decision notices","content":"43A Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":42},{"sectionNumber":"43B","sectionType":"section","heading":"Applications for review","content":"43B Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nAnnual licence fee Division 3.4\n","sortOrder":43},{"sectionNumber":"44","sectionType":"section","heading":"Liability","content":"44 Liability\n(1) A person to whom a licence is granted must pay the annual licence\nfee to ICRC for each financial year, or part of a financial year, in\nwhich the licence is in force.\n(2) The fee is payable in accordance with the notice of the relevant\ndetermination under section 45.\n","sortOrder":44},{"sectionNumber":"45","sectionType":"section","heading":"Determination of fee","content":"45 Determination of fee\n(1) ICRC may determine the annual licence fee payable by each utility.\nNote Under s 52, the ICRC must prepare a notice of a determination of annual\nlicence fees. The notice is a notifiable instrument.\n(2) The annual licence fee for a particular utility is the amount considered\nby ICRC to be a reasonable contribution towards the costs incurred,\nor expected to be incurred—\n(a) by the following in the exercise of functions, in the ACT or\nelsewhere, in relation to utility services:\n(i) ICRC;\n(ii) the technical regulator on behalf of the Territory; and\n(b) by the ACAT in hearing and deciding matters to which a utility\nis a party.\n(3) The matters that ICRC must have regard to when working out the\ncosts mentioned in subsection (2) include, for example—\n(a) the extent of those costs in relation to each utility; and\n(b) the annual licence fees payable by all utilities; and\n(c) the relative scope and nature of the services provided by all\n\n(4) A determination must be in writing stating the following matters:\n(a) ICRC’s findings on the matters mentioned in subsections (2) and\n(3) in relation to the relevant utility;\n(b) the amount of the fee and the way it is worked out;\n(c) ICRC’s reasons for the amount of the fee and any instalment;\n(d) how the fee is to be paid (for example, as a lump sum, or by\ninstalments).\n(5) ICRC must give to a utility—\n(a) a copy of the determination of each annual licence fee payable\nby the utility; and\n(b) written notice stating when the fee, or any instalment, is due for\npayment.\n(6) The day on which an annual licence fee, or any instalment, is due for\npayment must be at least 28 days after the day the notice is given to\nthe relevant utility.\ncosts does not include—\n(a) costs payable by a utility under the ICRC Act; and\n(b) any fees, charges, costs or other amounts prescribed under the\nregulations for this definition.\nExample for par (a)\ncosts of an investigation on an industry reference into a regulated industry under\nthe ICRC Act, s 19\n\nReview and enforcement Division 3.5\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Review of licence conditions","content":"46 Review of licence conditions\n(1) ICRC may review a licence at any time to determine whether the\nlicence conditions are appropriate for achieving ICRC’s objects under\nthis Act.\n(2) ICRC must give public notice of a proposed review.\n(3) The notice must state the following matters:\n(a) ICRC’s objects under this Act;\n(b) the purpose of the review;\n(c) the identity of the utility;\n(d) the utility services to which the licence relates;\n(e) where a copy of the licence may be inspected;\n(f) where submissions in relation to the review should be lodged;\n(g) the closing date for submissions, that is at least 28 days after the\nday on which the notice is published.\n(4) For a review, ICRC must ensure that the utility has a reasonable\nopportunity—\n(a) to examine submissions lodged with ICRC in accordance with\nthe public notice; and\n(b) to make representations to ICRC about any matter raised in the\nsubmissions.\n\n(5) ICRC must not finish a review unless it has—\n(a) given the utility and each person who made a submission in\naccordance with the public notice a written statement of its\nexpected findings and supporting reasons and the action (if any)\nthat ICRC proposes to take because of the review; and\n(b) allowed the utility and each such person a reasonable\nopportunity to make further representations to ICRC; and\n(c) considered the matters raised in all the submissions and\nrepresentations duly made to ICRC.\n(6) When ICRC finishes a review, it must—\n(a) give the utility a written statement of its findings and supporting\nreasons and the action (if any) taken by ICRC because of the\nreview; and\n(b) give public notice of the findings of the review and the place\nwhere a record of the statement is available for public\ninspection.\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Contravention of licence condition","content":"47 Contravention of licence condition\n(1) A utility must not, without reasonable excuse, contravene a condition\nof its licence.\n(2) A utility that, without reasonable excuse, contravenes a condition of\nits licence commits a separate offence for each day (after the first day)\nduring any part of which the contravention continues without\nreasonable excuse.\n\nReview and enforcement Division 3.5\nfine not exceeding 600 penalty units.\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Directions about licence condition","content":"48 Directions about licence condition\n(1) This section applies if ICRC is satisfied that a utility has contravened,\nor is likely to contravene, a condition of its licence.\n(2) ICRC may give a direction under this section only if it has taken\nreasonable steps to consult the utility concerned about the giving of\nthe direction.\n(3) ICRC may give a written direction to the utility to take action stated\nin the direction to ensure compliance with the condition, including\naction—\n(a) to rectify the contravention; or\n(b) to avoid the likely contravention.\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Directions about accounts and records","content":"49 Directions about accounts and records\n(1) If ICRC is satisfied that it is necessary or convenient to do so in\nrelation to the exercise of its functions under the ICRC Act, part 3, 4,\n4A or 4B, ICRC may give a written direction to a utility about the\nkeeping of accounts and records in relation to the utility’s functions\nunder this Act.\n(2) A direction may require the utility, for example, to do 1 or more of\nthe following:\n(a) to set up and maintain separate accounts for a stated activity;\n(b) to set up and maintain a consolidated set of accounts for a stated\nactivity;\n(c) to apportion costs shared between different activities in a stated\nway;\n\n(d) to deal with information about its functions under this Act in a\nstated way;\n(e) to keep records of a stated class;\n(f) to maintain accounts or records in a stated way.\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Contravention of direction","content":"50 Contravention of direction\n(1) A utility must not, without reasonable excuse, contravene a direction\nunder section 48 or 49.\nMaximum penalty: 2 000 penalty units.\n(2) A utility that, without reasonable excuse, contravenes a direction\nunder section 48 or 49 commits a separate offence for each day (after\nthe first day) during any part of which the contravention continues\nwithout reasonable excuse.\nfine not exceeding 200 penalty units.\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Protection of personal information","content":"51 Protection of personal information\n(1) This section applies to personal information gained by a utility in\nrelation to the provision of a utility service.\n(2) A utility, when dealing with personal information, must comply\nwith—\n(a) the Australian Privacy Principles; and\n(b) the Privacy Act, part 3A (Credit reporting); and\n(c) the registered CR code.\nAustralian Privacy Principles means the Australian Privacy\nPrinciples under the Privacy Act, schedule 1.\n\nMiscellaneous Division 3.6\nPrivacy Act means the Privacy Act 1988 (Cwlth).\nregistered CR code—see the Privacy Act, section 26M.\nNote The registered CR code is a written code of practice about credit\nreporting registered under the Privacy Act.\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Public notice of licence decisions","content":"52 Public notice of licence decisions\n(1) ICRC must prepare a notice of each of the following matters as soon\nas possible after it happens:\n(a) the grant of a utility licence under section 37 (Grant);\n(b) the refusal of a utility licence under section 37 (Grant);\n(c) the variation of a utility licence under section 38 (Variation);\n(d) an exemption from compliance with a utility licence condition\nunder section 39 (Exemption from licence condition);\n(e) ICRC’s agreement to the transfer of a utility licence under\nsection 40 (Transfer);\n(f) ICRC’s refusal to agree to the transfer of a utility licence under\nsection 40 (Transfer);\n(g) the surrender of a utility licence under section 41 (Surrender);\n(h) the revocation of a utility licence under section 42 (Revocation);\n(i) the determination of an annual licence fee for a utility under\nsection 45 (Determination of fee).\n(2) The notice must include a statement about the rights available under\nsection 53 in relation to documents about the matter.\n(3) The notice is a notifiable instrument.\n\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Public access to licences etc","content":"53 Public access to licences etc\n(1) ICRC must make copies of each of the documents mentioned in\nsubsection (2) available for inspection by members of the public—\n(a) during ordinary office hours at the office of ICRC; and\n(b) at any other place determined by ICRC; and\n(c) on ICRC’s web site on the Internet.\n(2) Subsection (1) applies to each of the following documents:\n(a) each utility licence;\n(b) a record of each of the following decisions by ICRC:\n(i) to grant a utility licence;\n(ii) to refuse to grant a utility licence;\n(iii) to vary a utility licence;\n(iv) the determination of an annual licence fee;\n(v) to grant an exemption from compliance with a licence\ncondition;\n(vi) to agree to the transfer of a utility licence;\n(vii) to refuse to agree to the transfer of a utility licence;\n(viii) to revoke a utility licence;\n(c) ICRC’s findings on a review under section 46, and its supporting\nreasons;\n(d) the notice of the surrender of a licence.\n(3) A person may—\n(a) without charge, inspect a document made available in\naccordance with subsection (1); and\n\nMiscellaneous Division 3.6\n(b) make a copy of all or part of the document, during ordinary\noffice hours, at ICRC’s office.\n(4) If a person requests that a copy be made available in electronic form,\nICRC may provide the relevant information—\n(a) on a data storage device; or\n(b) by electronic transmission.\n(5) The ICRC Act, section 46 does not apply to a document mentioned\nin subsection (2).\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Annual reports—technical and environmental matters","content":"54 Annual reports—technical and environmental matters\n(1) As soon as practicable after ICRC receives an annual report by a\nutility in accordance with the licence condition mentioned in\nsection 25 (2) (d), it must—\n(a) give a copy of the technical section of the report to the technical\nregulator; and\n(b) give a copy of the environmental section of the report to—\n(i) the environment protection authority; and\n(ii) the director-general responsible for the Water Resources\nAct 2007.\n(2) For this section—\n(a) the technical section of the report is the part concerning the\nutility’s compliance with the requirements under this Act in\nrelation to technical codes; and\n(b) the environmental section of the report is the part concerning the\nutility’s compliance with the requirements under this Act in\nrelation to the protection of the environment.\n(3) Without limiting the requirements mentioned in section 25 (2) (d),\nICRC may, in writing, require a utility to prepare annual reports with\nseparate technical and environmental sections.\n\nNote 1 This part is a tax law under the Taxation Administration Act 1999. As a\ntax law, this part is subject to provisions of the Taxation Administration\nAct 1999 about the administration and enforcement of tax laws generally.\nNote 2 This part applies to NERL retailers (see s 75B).\n","sortOrder":54},{"sectionNumber":"54A","sectionType":"section","heading":"Definitions—pt 3A","content":"54A Definitions—pt 3A\nadministrator—see section 54N.\nbase amount—see section 54G (3).\ndetermined means determined by the administrator under this part.\nenergy industry sector—see section 54D (1).\nenergy utility—see section 54D (2).\nenergy utility service—see section 54D (3).\nlevy means the levy under section 54C.\nlevy year—see section 54C (1).\nlocal regulatory cost—see section 54F (1).\nnational regulatory cost—see section 54E (2).\nnational regulatory obligations—see section 54E (1).\nnet regulatory cost—see section 54G (2).\nregulatory cost—see section 54G (1).\nyear means financial year.\n\n","sortOrder":55},{"sectionNumber":"54B","sectionType":"section","heading":"Purpose—pt 3A","content":"54B Purpose—pt 3A\nThe purpose of this part is to impose a levy on energy utilities to\nrecover the amount of the Territory’s national regulatory costs, and\nlocal regulatory costs, in relation to the energy industry sectors.\n","sortOrder":56},{"sectionNumber":"54C","sectionType":"section","heading":"Energy industry levy—imposition","content":"54C Energy industry levy—imposition\n(1) If an energy utility provides an energy utility service in an energy\nindustry sector at any time during a year (the levy year), the utility is\nliable to pay a levy in relation to the net regulatory cost for that year.\n(2) The levy for the levy year is worked out as follows:\nB + EV + (AV − EV−1)\nwhere:\nAV means the actual variable amount for the energy utility for the\nprevious levy year worked out as follows:\n(ANR - (B−1 × NC−1)) × M−1\nB is the base amount for the levy year determined under\nsection 54GA (2).\nEV means the estimated variable amount for the energy utility for the\nlevy year worked out as follows:\n(ENR - (B × NC)) × M−1\nEV-1 means the estimated variable amount for the energy utility for\nthe previous levy year worked out as follows:\n(ENR−1 − (B−1 × NC−1)) × M−2\n(3) If an energy utility does not provide an energy utility service in an\nenergy industry sector in the levy year, but provided an energy utility\nservice in the sector in the previous year—\n(a) B is taken to be zero in relation to the utility for the levy year;\nand\n\n(b) EV is taken to be zero in relation to the utility for the levy year.\n(4) If an energy utility provides an energy utility service in an energy\nindustry sector in the levy year, but did not provide an energy utility\nservice in the sector in the previous year—\n(a) AV is taken to be zero in relation to the utility for the levy year;\nand\n(b) EV-1 is taken to be zero in relation to the utility for the levy year.\nANR means the actual net regulatory cost for the energy industry\nsector for the previous levy year determined under\nsection 54GA (1) (b).\nB-1 means the base amount for the previous levy year determined\nunder section 54GA (2).\nENR means the estimated net regulatory cost for the energy industry\nsector for the levy year determined under section 54GA (1) (a).\nENR-1 means the estimated net regulatory cost for the energy industry\nsector for the previous levy year determined under\nsection 54GA (1) (a).\nmarket share, for an energy utility for a levy year means—\n(a) for an electricity distributor—the total number of megawatt\nhours of electricity distributed in the ACT by the distributor in\nthat year, divided by the total number of megawatt hours of\nelectricity distributed in the ACT in that year; and\n(b) for an NERL retailer that supplies electricity—the total number\nof megawatt hours of electricity sold in the ACT by the retailer\nin that year, divided by the total number of megawatt hours of\nelectricity sold in the ACT in that year; and\n\n(c) for a gas distributor—the total number of megajoules of gas\ndistributed in the ACT by the distributor in that year, divided by\nthe total number of megajoules of gas distributed in the ACT in\nthat year; and\n(d) for an NERL retailer that supplies gas—the total number of\nmegajoules of gas sold in the ACT by the retailer in that year,\ndivided by the total number of megajoules of gas sold in the\nACT in that year.\nM-1 means the market share of the energy utility for the previous levy\nyear.\nNote Before 1 October in a levy year, the administrator must determine, for the\nyear before the levy year, the total number of megawatt hours of\nelectricity or megajoules of gas distributed or sold in the ACT by all\nenergy utilities in each energy sector in the year (see s 54H (1) (b) (ii)).\nM-2 means the market share of the energy utility for the levy year\nbefore the previous levy year.\nNC, for an energy industry sector for a levy year, means the number\nof energy utilities that provided an energy utility service in the sector\nbefore 30 August in the levy year as determined under\nsection 54H (1) (a).\nNC-1, for an energy industry sector for a levy year, means the number\nof energy utilities that provided an energy utility service in the sector\nat any time during the previous levy year as determined under\nsection 54H (1) (b) (i).\n","sortOrder":57},{"sectionNumber":"54D","sectionType":"section","heading":"Energy industry sectors etc","content":"54D Energy industry sectors etc\n(1) For this part, each of the following is an energy industry sector:\n(a) the electricity distribution sector;\n(b) the electricity supply sector;\n(c) the gas distribution sector;\n\n(d) the gas supply sector;\n(e) an energy industry sector prescribed by regulation.\n(2) For this part, an energy utility is a utility that provides, or has\nprovided, an energy utility service.\n(3) For this part, an energy utility service is any of the following:\n(a) electricity distribution;\n(b) electricity supply;\n(c) gas distribution;\n(d) gas supply.\nelectricity distribution means the distribution of electricity through\nan electricity network.\nelectricity supply means the supply of electricity from an electricity\nnetwork to premises for consumption.\ngas distribution means the distribution of gas through a gas\ndistribution network.\ngas supply means the supply of gas from a gas distribution network\nto premises for consumption.\n","sortOrder":58},{"sectionNumber":"54E","sectionType":"section","heading":"National regulatory obligations and costs","content":"54E National regulatory obligations and costs\n(1) For this part, the national regulatory obligations are the Territory’s\nobligations under the AEMA in relation to—\n(a) cost-sharing arrangements for funding the AEMC in relation to\nthe exercise of its functions; and\n(b) the Ministerial Council’s responsibilities under the AEMA.\n\n(2) For this part, the national regulatory cost for a year is the amount\ndetermined under this section to be the cost to the Territory of meeting\nits national regulatory obligations for the year.\n(3) The administrator must, before 1 October in the levy year, in\naccordance with this section, determine—\n(a) the estimated national regulatory cost to be applied to each\nenergy industry sector for the levy year; and\n(b) the actual national regulatory cost to be applied to each energy\nindustry sector for the year before the levy year.\n(4) In determining the estimated national regulatory cost to be applied to\nan energy industry sector for a levy year, the administrator must—\n(a) consider the following:\n(i) the AEMC’s budget, or draft budget, for its functions for\nthe year;\n(ii) the Ministerial Council’s budget, or draft budget, for its\nfunctions under the AEMA for the year;\n(iii) the amount, if any, allocated for the AEMC and Ministerial\nCouncil by the Territory for the year;\n(iv) the annual costs incurred by the AEMC and Ministerial\nCouncil in previous years in relation to the ACT;\n(v) the annual costs incurred by the Territory in previous years\nfor activities undertaken by the AEMC and Ministerial\nCouncil; and\n(b) apportion the estimated national regulatory cost between energy\n\n(5) In determining the actual national regulatory cost to be applied to an\nenergy industry sector for the year before the levy year, the\nadministrator must—\n(a) consider the amount payable by the Territory for its national\nregulatory obligations for the previous year; and\n(b) apportion the actual national regulatory cost between energy\n(6) A determination under this section is a notifiable instrument.\nAEMA means the Australian Energy Market Agreement 2004, as\namended in 2006, between the Commonwealth, State and Territory\nGovernments.\nAEMC means the Australian Energy Market Commission under the\nAustralian Energy Market Commission Establishment Act 2004 (SA).\nMinisterial Council means a body (however described) that consists\nof the Minister of the Commonwealth, and the Minister of each State\nand Territory, who is responsible, or principally responsible, for\nmatters relating to energy.\n","sortOrder":59},{"sectionNumber":"54F","sectionType":"section","heading":"Local regulatory costs","content":"54F Local regulatory costs\n(1) For this part, the local regulatory cost for a year is the amount\ndetermined by the administrator to be the cost to the Territory of—\n(a) providing regulatory activities in relation to safety, technical\noperations, consumer service and environmental behaviour for\nenergy utility services; and\n(b) the administration of the levy.\n\n(2) The administrator must, before 1 October in the levy year, in\naccordance with this section, determine—\n(a) the estimated local regulatory cost to be applied to each energy\nindustry sector for the levy year; and\n(b) the actual local regulatory cost to be applied to each energy\nindustry sector for the year before the levy year.\n(3) In determining the estimated local regulatory cost for an energy\nindustry sector for a levy year, the administrator must—\n(a) consider the following:\n(i) the budget, or draft budget, for local regulatory activities\nfor the year;\n(ii) the costs incurred in previous years for local regulatory\nactivities; and\n(b) apportion the estimated local regulatory cost between energy\n(4) In determining the actual local regulatory cost for an energy industry\nsector for a year before a levy year, the administrator must apportion\nthe actual local regulatory cost between energy industry sectors\nhaving regard to the costs attributable to each sector.\n(5) A determination under this section is a notifiable instrument.\n","sortOrder":60},{"sectionNumber":"54G","sectionType":"section","heading":"Annual regulatory costs etc","content":"54G Annual regulatory costs etc\n(1) For this part, the regulatory cost for an energy industry sector for a\nyear is the sum of the amounts determined by the administrator to\nbe—\n(a) the national regulatory cost to be applied to the sector for the\n(b) the local regulatory cost to be applied to the sector for the year.\n\n(2) For this part, the net regulatory cost for an energy industry sector for\na year is the regulatory cost for the sector for the year less the total\namount of annual licence fees determined under section 45\n(Determination of fee) for all energy utilities in the sector for the year.\n(3) For this part, the base amount for an energy industry sector is the\nminimum additional cost of regulating 1 more energy utility in the\nenergy industry sector for a period of 1 year.\n54GA Regulatory cost—determinations\n(1) The administrator must, before 1 October in a levy year, determine—\n(a) the estimated net regulatory cost to be applied to each energy\nindustry sector for the levy year; and\n(b) the actual net regulatory cost to be applied to each energy\nindustry sector for the previous levy year.\n(2) The administrator must, before 1 October in a year and every 5 years\nafter the first determination, determine the base amount for an energy\nindustry sector.\n(3) The administrator may amend a determination under subsection (2)\nin extraordinary circumstances.\nExample—extraordinary circumstances\nA large number of energy utilities unexpectedly enter the energy industry sector.\n(4) A determination under this section is a notifiable instrument.\n","sortOrder":61},{"sectionNumber":"54H","sectionType":"section","heading":"Further energy sector determinations","content":"54H Further energy sector determinations\n(1) For this part, the administrator must, before 1 October in the levy\nyear, determine the following:\n(a) for the levy year—the number of energy utilities that provided\nan energy utility service in each energy utility sector at any time\nbefore 30 August in the year;\n\n(b) for the year before the levy year—\n(i) the number of energy utilities that provided an energy\nutility service in each energy industry sector at any time\nduring the year; and\n(ii) having regard to statements lodged under section 54I, the\ntotal number of megawatt hours of electricity or\nmegajoules of gas distributed or sold in the ACT by all\nenergy utilities in each energy industry sector in the year.\n(2) A determination under this section is a notifiable instrument.\n","sortOrder":62},{"sectionNumber":"54I","sectionType":"section","heading":"Production of distribution and sales information","content":"54I Production of distribution and sales information\n(1) An energy utility must lodge a statement for a levy year if the utility\nprovided an energy utility service in the ACT at any time before\n","sortOrder":63},{"sectionNumber":"30","sectionType":"section","heading":"August in the levy year or during the previous year.","content":"30 August in the levy year or during the previous year.\n(2) The statement for a year must—\n(b) be lodged with the administrator not later than 30 August in the\n(c) state—\n(i) for an electricity distributor—the total number of megawatt\nhours of electricity distributed by the distributor in the\nACT in the previous year; and\n(ii) for a NERL retailer that supplies electricity—the total\nnumber of megawatt hours of electricity sold by the retailer\nin the ACT in the previous year; and\n(iii) for a gas distributor—the total number of megajoules of\ngas distributed by the distributor in the ACT in the previous\n\n(iv) for a NERL retailer that supplies gas—the total number of\nmegajoules of gas sold by the retailer in the ACT in the\nprevious year; and\n(v) the way the energy utility calculated the number of\nmegawatt hours or megajoules mentioned in\nsubparagraphs (i) to (iv).\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n","sortOrder":64},{"sectionNumber":"54J","sectionType":"section","heading":"Production of relevant information etc","content":"54J Production of relevant information etc\n(1) The administrator may, by written notice given to an energy utility,\nrequire the utility to give the administrator relevant information or\ndocuments that the administrator reasonably requires for this part.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) The notice must state—\n(a) the information or document required by the administrator; and\n(b) where or how the information or document is to be given to the\nadministrator; and\n(c) when the information or document must be given to the\nadministrator.\n(3) An energy utility commits an offence if the utility contravenes a\nrequirement of a notice given to the utility under subsection (1).\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n\n","sortOrder":65},{"sectionNumber":"54K","sectionType":"section","heading":"Registration of energy utilities","content":"54K Registration of energy utilities\n(1) The commissioner for revenue must register an energy utility if the\n(a) provides an energy utility service in the ACT; and\n(b) has applied to the commissioner for registration as an energy\n(2) The commissioner for revenue must tell the administrator about the\nregistration of an energy utility under subsection (1).\n","sortOrder":66},{"sectionNumber":"54L","sectionType":"section","heading":"Offence—failure to register","content":"54L Offence—failure to register\n(1) A person commits an offence if—\n(a) the person becomes an energy utility; and\n(b) the person does not apply to the commissioner for revenue to be\nregistered as an energy utility within 90 days after the day the\nperson becomes an energy utility.\nMaximum penalty: 50 penalty units.\n(2) Strict liability applies to subsection (1) (a).\n","sortOrder":67},{"sectionNumber":"54M","sectionType":"section","heading":"Returns under Taxation Administration Act","content":"54M Returns under Taxation Administration Act\n(1) An energy utility must lodge a return for a levy year if the utility\nprovided an energy utility service in the ACT at any time—\n(a) before 1 October in the year; or\n(b) during the previous year.\n(2) The return for a year must—\n(b) be lodged with the commissioner for revenue not later than the\nreturn deadline; and\n\n(c) state—\n(i) for an electricity distributor—the total number of megawatt\nhours of electricity distributed by the distributor in the\nACT in the previous year; and\n(ii) for a NERL retailer that supplies electricity—the total\nnumber of megawatt hours of electricity sold by the retailer\nin the ACT in the previous year; and\n(iii) for a gas distributor—the total number of megajoules of\ngas distributed by the distributor in the ACT in the previous\n(iv) for a NERL retailer that supplies gas—the total number of\nmegajoules of gas sold by the retailer in the ACT in the\nprevious year; and\n(v) the way the energy utility calculated the number of\nmegawatt hours or megajoules mentioned in\nsubparagraphs (i) to (iv).\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\nreturn deadline, for a return for a year, means—\n(a) 31 October in the year; or\n(b) if the deadline is extended under the Taxation Administration\nAct 1999, section 40—the date by which the return must be\nlodged under that section.\n\n","sortOrder":68},{"sectionNumber":"54N","sectionType":"section","heading":"Levy administrator","content":"54N Levy administrator\nThe Minister may appoint a public servant to be the administrator for\nthis part.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n","sortOrder":69},{"sectionNumber":"54O","sectionType":"section","heading":"Administrator to publish information","content":"54O Administrator to publish information\nThe administrator must publish the following information:\n(a) an explanation of the purpose of the energy industry levy;\n(b) an explanation of how the energy industry levy is calculated;\n(c) an annual statement about the data relied on by the administrator\nto determine—\n(i) national regulatory costs under section 54E; and\n(ii) local regulatory costs under section 54F; and\n(iii) net regulatory costs under section 54G; and\n(iv) base amounts under section 54G;\n(d) an outline of the administrative practices adopted by the\nadministrator in administering the energy industry levy;\n(e) an explanation of the obligations of energy utilities in relation to\nthe energy industry levy under the Act.\n\nNote This part applies to NERL retailers (see s 75B).\n","sortOrder":70},{"sectionNumber":"55","sectionType":"section","heading":"Contents","content":"55 Contents\n(1) An industry code may set out practices, standards and other matters\nabout the provision of a utility service.\n(2) An industry code may deal, for example, with 1 or more of the\nfollowing matters:\n(a) network boundaries;\n(b) connections to a network;\n(c) a GSL scheme within the meaning of the National Energy Retail\nLaw (ACT);\n(d) other utility service standards;\n(e) the protection of customers and consumers;\n(f) the metering of utility services;\n(g) the provision of utility services generally;\n(h) the termination or interruption of utility services;\n(i) disconnections from a network;\n(j) arrangements between licensed distributors and suppliers\nconcerning the use of a network;\n(k) the development of a network.\nNote An industry code may also deal with electricity pricing information for\ncertain customers—see s 75GA.\n(3) An industry code may deal with a matter by stating requirements to\nbe dealt with by the terms of a standard customer contract for a utility\nservice.\n\n(4) An industry code may apply, adopt or incorporate (with or without\nchange) an instrument as in force from time to time.\nNote 1 A statutory instrument may also apply, adopt or incorporate (with or\nwithout change) a law or instrument as in force at a particular time (see\nLegislation Act, s 47 (1)).\nNote 2 If a statutory instrument applies, adopts or incorporates a law or\ninstrument may be taken to be a notifiable instrument that must be\nnotified under the Legislation Act (see s 47 (2) to (6)).\nNote 3 A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\n","sortOrder":71},{"sectionNumber":"56","sectionType":"section","heading":"Application","content":"56 Application\n(1) For this Act, an industry code applies to a utility (other than a NERL\nretailer) if it applies to the provision of utility services of a kind that\nthe utility is licensed to provide.\n(2) For this Act, an industry code applies to a NERL retailer if a\ndetermination under section 56A provides that it applies to the\nretailer.\n(3) An industry code may apply to—\n(a) a utility service of a stated class or utility services generally; or\n(b) a stated utility, a utility of a stated class or utilities generally;\nand may make different provisions for different classes of services or\n(4) An industry code has no effect to the extent of any inconsistency with\nthis Act, a related law or a technical code.\n\n","sortOrder":72},{"sectionNumber":"56A","sectionType":"section","heading":"NERL retailers—determination of application of code","content":"56A NERL retailers—determination of application of code\n(1) The ICRC may determine that an industry code applies to a NERL\nretailer if the ICRC is satisfied on reasonable grounds that it is\nappropriate for the code to apply to the retailer.\nNote Power to make a statutory instrument (including a disallowable\ninstrument) includes power to make different provision for different\ncategories (see Legislation Act, s 48).\n(2) A determination is a disallowable instrument.\n","sortOrder":73},{"sectionNumber":"57","sectionType":"section","heading":"Draft codes","content":"57 Draft codes\n(1) ICRC must consider a draft industry code submitted for approval\nby—\n(a) a utility; or\n(b) a person whom ICRC is satisfied represents a utility or 2 or more\n(2) ICRC may give a written direction to a utility to submit a draft\nindustry code about a stated matter to ICRC for consideration.\n(3) A utility must comply with a direction within the period stated in the\ndirection, being a period that ICRC is satisfied is reasonable in the\ncircumstances.\n","sortOrder":74},{"sectionNumber":"58","sectionType":"section","heading":"Approved codes","content":"58 Approved codes\n(1) ICRC may—\n(a) approve; or\n(b) refuse to approve;\nan industry code a draft of which has been submitted in accordance\nwith section 57.\n\n(2) ICRC may approve an industry code only if—\n(a) it has consulted the Minister, and the Minister responsible for\nthe Utilities (Technical Regulation) Act 2014, in relation to the\ncode; and\n(b) is satisfied that—\n(i) the code is not inconsistent in material respects with\nanother industry code or a technical code; and\n(ii) the requirements of section 60 for public consultation have\nbeen satisfied; and\n(iii) the code is appropriate.\n(3) ICRC must give the proponent of a draft industry code submitted in\naccordance with section 57 written notice of its decision on the draft\ncode.\n(4) If ICRC refuses to approve an industry code, the notice of the decision\nmust set out the reasons for the refusal and may—\n(a) state any matter that ICRC is satisfied requires further\nconsideration or development; and\n(b) require the proponent to submit a further draft industry code to\nICRC for consideration.\n(5) If subsection (4) (b) applies, the notice must state the period, that\nICRC is satisfied is reasonable in the circumstances, within which the\nfurther draft industry code is to be submitted.\n(6) ICRC must, as soon as practicable, give a copy of each approved code\nto each utility to which the code would apply.\n\n","sortOrder":75},{"sectionNumber":"59","sectionType":"section","heading":"Determined codes","content":"59 Determined codes\n(1) ICRC may determine an industry code if it—\n(a) has consulted the Minister, and the Minister responsible for the\nUtilities (Technical Regulation) Act 2014, in relation to the\ncode; and\n(b) is satisfied that—\n(i) the code is not inconsistent in material respects with\nanother industry code or a technical code; and\n(ii) it is necessary or convenient to determine the code.\n(2) ICRC may determine an industry code, for example, in the following\ncircumstances:\n(a) if a utility fails to submit a draft industry code in accordance\nwith a direction under section 57;\n(b) the proponent of a draft industry code fails to submit a further\ndraft of the code in accordance with a requirement in a notice of\nrefusal under section 58;\n(c) ICRC is satisfied that a draft industry code submitted for\nconsideration or approval is not appropriate;\n(d) to give effect to a direction by the Minister under section 19.\n(3) ICRC must, as soon as practicable, give a copy of each determined\ncode to each utility to which the code would apply.\n","sortOrder":76},{"sectionNumber":"60","sectionType":"section","heading":"Public consultation","content":"60 Public consultation\n(1) Before ICRC approves or determines an industry code, it must—\n(a) give public notice that—\n(i) states that the draft code has been prepared; and\n\n(ii) states the place or places where copies of the draft code\nmay be inspected or obtained; and\n(iii) invites interested people to make submissions to ICRC\nabout the draft code within the period stated in the notice.\nNote Public notice means notice on an ACT government website or in a\ndaily newspaper circulating in the ACT (see Legislation Act, dict,\npt 1).\n(b) make copies of the draft code available for public inspection in\naccordance with the notice.\n(2) The period stated in the notice must run for at least 30 days after the\npublication of the notice.\n(3) ICRC must have due regard to any submission made in accordance\nwith the notice when approving or determining the industry code.\n","sortOrder":77},{"sectionNumber":"61","sectionType":"section","heading":"Variation","content":"61 Variation\n(1) ICRC may approve, or determine, a variation of an industry code and,\nfor that purpose, the other sections of this part apply to the variation,\nsubject to subsections (2) and (3), in the same way as they apply to a\nnew industry code.\n(2) ICRC may approve a variation of an industry code under section 58\nwithout the public consultation required by section 60 if—\n(a) apart from the proponent, each utility to which the code applies\nhas given ICRC written notice of its agreement to the variation;\nor\n(b) ICRC is satisfied that the variation is necessary or convenient—\n(i) to give effect to a direction by the Minister under\nsection 19; or\n(ii) following a review of a licence under section 46; or\n(iii) because of an amendment of an Act or a subordinate law;\nor\n\n(c) ICRC is satisfied that the variation is unlikely to adversely affect\nanyone and would not materially alter the code.\n(3) ICRC may determine a variation of an industry code under section 59\non its own initiative, without the public consultation required by\nsection 60, in the circumstances mentioned in subsection (2) (b)\nor (c).\n","sortOrder":78},{"sectionNumber":"62","sectionType":"section","heading":"Notification and disallowance of codes etc","content":"62 Notification and disallowance of codes etc\nEach of the following is a disallowable instrument:\n(a) an industry code approved under section 58 (Approved codes);\n(b) an industry code determined under section 59 (Determined\ncodes);\n(c) the variation of an industry code approved or determined under\nsection 61 (Variation).\n","sortOrder":79},{"sectionNumber":"63","sectionType":"section","heading":"Public access","content":"63 Public access\n(1) ICRC must make copies of each of the documents mentioned in\nsubsection (2) available for public inspection during ordinary office\nhours, at the office of ICRC and any other place determined by ICRC.\n(2) Subsection (1) applies to each of the following documents:\n(a) each industry code;\n(b) a record of each of the following decisions by ICRC:\n(i) to approve an industry code;\n(ii) to refuse to approve an industry code, a draft of which has\nbeen submitted to ICRC for consideration;\n(iii) to determine an industry code;\n(iv) to approve, or determine, a variation of an industry code.\n\n(3) A person may inspect, or make a copy of, all or part of a document\nmentioned in subsection (2).\n(4) If a person requests that a copy be made available in electronic form,\nICRC may provide the relevant information—\n(a) on a data storage device; or\n(b) by electronic transmission.\n(5) The ICRC Act, section 46 does not apply to a document mentioned\nin subsection (2).\n\n","sortOrder":80},{"sectionNumber":"Part 5A","sectionType":"part","heading":"NERL retailers and NERL exempt","content":"Part 5A NERL retailers and NERL exempt\nsellers\n","sortOrder":81},{"sectionNumber":"75","sectionType":"section","heading":"Meaning of NERL retailer","content":"75 Meaning of NERL retailer\nIn this Act:\nNERL retailer means a person who holds a retailer authorisation\nunder the National Energy Retail Law (ACT).\n","sortOrder":82},{"sectionNumber":"75A","sectionType":"section","heading":"Meaning of NERL exempt seller","content":"75A Meaning of NERL exempt seller\nNERL exempt seller means a person who is exempted by the AER\nunder the National Energy Retail Law (ACT) from the requirement to\nhold a retailer authorisation.\nAER means the Australian Energy Regulator established under the\nCompetition and Consumer Act 2010 (Cwlth), section 44AE\n(Establishment of the AER).\n","sortOrder":83},{"sectionNumber":"75B","sectionType":"section","heading":"Application of Act to NERL retailers","content":"75B Application of Act to NERL retailers\n(1) The relevant parts of this Act apply in relation to a NERL retailer as\nif—\n(a) a reference to a utility were a reference to a NERL retailer; and\n(b) for the relevant parts of this Act other than part 4 (Industry\ncodes)—a reference to a utility service were a reference to the\nactivity of selling electricity or gas to a person for premises; and\n\nPreliminary Division 5A.1\n(c) for part 4—a reference to a utility service were a reference to the\nactivity of selling electricity or gas to a person for premises, and\nincluded the action required by a NERL retailer under the\nElectricity Feed-in (Renewable Energy Premium) Act 2008,\nsection 6 (3) (Feed-in from renewable energy generators to\nelectricity network); and\n(d) a reference to a customer were a reference to a customer under\nthe National Energy Retail Law (ACT); and\n(e) any other necessary changes were made.\nrelevant parts, of this Act, mean the following:\n(a) part 3A (Energy industry levy);\n(b) part 4 (Industry codes);\n(c) part 10 (Enforcement);\n(d) part 11 (Certain causes of action against customer);\n(e) part 12 (Complaints to ACAT about utilities);\n(f) part 13 (Community service obligations).\n","sortOrder":84},{"sectionNumber":"75C","sectionType":"section","heading":"Application of Act to NERL exempt sellers","content":"75C Application of Act to NERL exempt sellers\n(1) The relevant parts of this Act apply in relation to a NERL exempt\nseller as if—\n(a) a reference to a utility were a reference to a NERL exempt seller;\nand\n(b) a reference to a utility service were a reference to the activity of\nselling electricity or gas to a person for premises; and\n(c) a reference to a customer were a reference to a customer under\nthe National Energy Retail Law (ACT); and\n(d) any other necessary changes were made.\n\nrelevant parts, of this Act, mean the following:\n(a) part 10 (Enforcement);\n(b) part 11 (Certain causes of action against customer);\n(c) part 12 (Complaints to ACAT about utilities).\n","sortOrder":85},{"sectionNumber":"75D","sectionType":"section","heading":"Inconsistency between Act and NERL","content":"75D Inconsistency between Act and NERL\n(1) The National Energy Retail Law (ACT) prevails if there is an\ninconsistency between this Act in its application to a NERL retailer\nor NERL exempt seller and that Law.\nNote 1 A reference to the National Energy Retail Law (ACT) includes a reference\nto the statutory instruments made or in force under that Law, including\nthe National Energy Retail Regulation (ACT) and the national energy\nretail rules (see National Energy Retail Law (ACT) Act 2012, s 9 (2) and\nLegislation Act, s 104).\nNote 2 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\n(2) This Act is taken to be consistent with that Law to the extent that it is\ncapable of operating concurrently with that Law.\n","sortOrder":86},{"sectionNumber":"Subdiv 5A","sectionType":"subdivision","heading":"2.1 Greenpower","content":"Subdivision 5A.2.1 Greenpower\n","sortOrder":87},{"sectionNumber":"75E","sectionType":"section","heading":"Greenpower obligations—general","content":"75E Greenpower obligations—general\n(1) A NERL retailer must—\n(a) first offer a greenpower product to a person who proposes to\npurchase electricity for premises from the retailer; and\n(b) have a greenpower product available for purchase by its\ncustomers to whom it sells or supplies electricity.\n\n(2) Subsection (1) (a) does not apply to a NERL retailer in relation to—\n(a) a person for whom the retailer is acting as designated RoLR in\nrelation to a RoLR event under the National Energy Retail Law\n(ACT); or\n(b) a person who is a move-in customer or carry-over customer; or\n(c) a transaction with a person if the retailer must obtain the\nperson’s explicit informed consent for the transaction under the\nNational Energy Retail Law (ACT), section 38 (Requirement for\nexplicit informed consent for certain transactions).\n(3) If a small customer stops, or proposes to stop, purchasing a\ngreenpower product from a NERL retailer, the retailer must not\nimpose a charge (however described) on the small customer in\nrelation to the cessation.\ncarry-over customer—see the National Energy Retail Law (ACT),\nsection 2 (1).\ncustomer—see the National Energy Retail Law (ACT), section 5.\ndesignated RoLR—see the National Energy Retail Law (ACT),\nsection 122.\ngreenpower product—see the National GreenPower Accreditation\nProgram: Program Rules, Appendix D (Definition of Terms), made\nby the National GreenPower Steering Group, as in force from time to\ntime.\nNote The National GreenPower Accreditation Program: Program Rules are\naccessible at www.greenpower.gov.au.\nmove-in customer—see the National Energy Retail Law (ACT),\nsection 2 (1).\n\nRoLR event, in relation to a retailer—see the National Energy Retail\nLaw (ACT), section 122.\n","sortOrder":88},{"sectionNumber":"75F","sectionType":"section","heading":"Greenpower obligations—information on bills","content":"75F Greenpower obligations—information on bills\n(1) If a customer purchases a greenpower product from a NERL retailer,\nthe retailer must include greenpower information on each bill issued\nby the retailer to the customer.\n(2) However, subsection (1) does not apply if the information is not\nreasonably available to the retailer.\ncustomer—see the National Energy Retail Law (ACT), section 5\n(Meaning of customer and associated terms).\ngreenpower information, in relation to a customer, means\ninformation about the amount of electricity (stated as a percentage or\notherwise) used or purchased by the customer that relates to the\ncustomer’s greenpower product.\ngreenpower product—see section 75E (4).\nNote See the national energy retail rules, r 25 (Contents of bills (SRC and\nMRC)).\n","sortOrder":89},{"sectionNumber":"75G","sectionType":"section","heading":"Exemption from greenpower obligations","content":"75G Exemption from greenpower obligations\n(1) The Minister may exempt a NERL retailer from having to comply\nwith section 75E (Greenpower obligations—general) or section 75F\n(Greenpower obligations—information on bills) if the Minister is\nsatisfied on reasonable grounds that the exemption is in the public\ninterest.\nNote Power to make a statutory instrument (including a disallowable\ninstrument) includes power to make different provision for different\ncategories (see Legislation Act, s 48).\n\n(2) An exemption is subject to compliance with any condition stated in\nthe exemption.\n(3) An exemption is a disallowable instrument.\nSubdivision 5A.2.1A Electricity pricing information for small\ncustomers\n75GA Obligation to give electricity price information\n(1) If a NERL retailer tells a small customer for premises about the price\nof supplying electricity to the small customer, the retailer must also\ntell the small customer the difference between—\n(a) the reference price for the electricity; and\n(b) the retailer’s price for the electricity for the same period.\n(2) For subsection (1), a NERL retailer tells a small customer for\npremises about the price of supplying electricity to the small\ncustomer—\n(a) if the retailer offers to supply electricity to the small customer at\nthe price; or\n(b) if the retailer advertises or publishes the price; or\n(c) if the price of the electricity supplied by the retailer to the small\ncustomer changes—if the retailer tells the small customer the\nnew price.\n(3) If a NERL retailer supplies electricity to a small customer for\npremises and it has a better offer in relation to the supply of the\nelectricity to the small customer, the retailer must tell the small\ncustomer that there is a better offer.\n\n(4) To assist a small customer to make an informed decision about\nelectricity offered for supply or supplied to the small customer, an\nindustry code may provide for—\n(a) how and when information mentioned in subsections (1) and (3)\nmust be given by the NERL retailer to the small customer; and\n(b) what other information the NERL retailer must give to the small\ncustomer in relation to the matters mentioned in subsections (1)\nand (3).\nbetter offer, in relation to the supply of electricity to a small customer\nby a NERL retailer, means a discount or alternative offer for the\nsupply of the electricity by the retailer that, if the small customer were\nto accept, may reduce the amount payable by the small customer for\nthe electricity.\nconditional discount, in relation to the retailer’s price of electricity,\nmeans a reduction (however described) in the price a small customer\nwould have to pay for the electricity supplied by the NERL retailer if\ncertain conditions were met other than a condition relating to the\ncircumstances in which the small customer enters into a contract with\nthe NERL retailer for the supply of the electricity.\nprice—\n(a) includes a charge of any description, including a recurring fee;\nbut\n(b) does not include any of the following:\n(i) a one-off fee;\n(ii) a fee for making, or failing to make, a payment in particular\ncircumstances;\n\n(iii) a fee for a service provided on request or because of special\ncircumstances.\nExamples\n1 par (a)—an annual membership fee\n2 par (b) (i)—a connection or reconnection fee, an account establishment fee\n3 par (b) (ii)—a credit card transaction fee, late payment fee, direct debit\ndishonour fee\n4 par (b) (iii)—a fee for a meter read requested by a customer\nreference price, of electricity—see section 75GB (1) (b).\nrepresentative consumption, of electricity—see section 75GB (1) (a).\nretailer’s price, in relation to a NERL retailer, means the total price a\nsmall customer would have to pay if the NERL retailer supplied the\nrepresentative consumption of electricity to the customer\ndisregarding any conditional discounts.\n75GB Determination of representative consumption and\nreference price\n(1) The Minister and Treasurer must jointly, for each year, determine in\nrelation to the supply of electricity to a small customer for premises—\n(a) an amount of electricity (the representative consumption) they\nconsider broadly represents the amount of electricity supplied to\nthe small customer each year at the time they make the\ndetermination; and\n(b) an annual price (the reference price) for the supply of the\nrepresentative consumption of electricity to the small customer\nthey consider is reasonable.\nNote Power to make a determination includes power to make different\nprovision in relation to different classes of small customers (see\nLegislation Act, s 48).\n\n(2) A determination is a notifiable instrument.\nSubdivision 5A.2.2 Enforcement\n","sortOrder":90},{"sectionNumber":"75H","sectionType":"section","heading":"Offence—contravention of code, s 75E or s 75GA","content":"75H Offence—contravention of code, s 75E or s 75GA\n(1) A NERL retailer commits an offence if the retailer contravenes—\n(a) an industry code or technical code that applies to the retailer; or\n(b) section 75E (Greenpower obligations—general); or\n(c) section 75GA (Obligation to give electricity price information).\n(2) A NERL retailer who contravenes subsection (1) commits a separate\noffence for each day (after the first day of the contravention) during\nany part of which the contravention continues.\nMaximum penalty (for each day): 600 penalty units.\n(3) This section does not apply to a NERL retailer if the retailer has a\nreasonable excuse for the contravention.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n\n","sortOrder":91},{"sectionNumber":"75I","sectionType":"section","heading":"Directions about code, s 75E or s 75GA","content":"75I Directions about code, s 75E or s 75GA\n(1) This section applies if the ICRC is satisfied that a NERL retailer has\ncontravened, or is likely to contravene—\n(a) an industry code that applies to the retailer; or\n(b) section 75E (Greenpower obligations—general); or\n(c) section 75GA (Obligation to give electricity price information).\n(2) The ICRC may give a written direction to the retailer to take action\nstated in the direction to ensure compliance with the code,\nsection 75E or section 75GA, including action—\n(a) to rectify the contravention; or\n(b) to avoid the likely contravention.\n(3) The ICRC may give a direction under this section only if it has taken\nreasonable steps to consult the retailer about the giving of the\ndirection.\n","sortOrder":92},{"sectionNumber":"75J","sectionType":"section","heading":"Offence—contravention of direction","content":"75J Offence—contravention of direction\n(1) A NERL retailer commits an offence if the retailer contravenes a\ndirection under section 75I.\nMaximum penalty: 2 000 penalty units.\n(2) A NERL retailer who contravenes subsection (1) commits a separate\noffence for each day (after the first day of the contravention) during\nany part of which the contravention continues.\nMaximum penalty (for each day): 200 penalty units.\n(3) This section does not apply to a NERL retailer if the retailer has a\nreasonable excuse for the contravention.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n\n","sortOrder":93},{"sectionNumber":"75K","sectionType":"section","heading":"Offence—contravention of s 75F","content":"75K Offence—contravention of s 75F\n(1) A NERL retailer commits an offence if the retailer contravenes\nsection 75F (Greenpower obligations—information on bills).\n(2) An offence against this section is a strict liability offence.\n\nStandard rights Division 6.1\n","sortOrder":94},{"sectionNumber":"77","sectionType":"section","heading":"Exercise of rights","content":"77 Exercise of rights\n(1) A right conferred on a person under this division is—\n(a) exercisable only in accordance with this division; and\n(b) subject to—\n(i) the requirements and limitations applying to the relevant\nutility under this Act in relation to the provision of utility\nservices; and\n(ii) the operation of any industry code or technical code that\napplies to the service.\n(2) A right conferred on a person under this division is subject to any\nnegotiated customer contract between the person and the relevant\nutility in relation to the service concerned.\n","sortOrder":95},{"sectionNumber":"78","sectionType":"section","heading":"Form of application","content":"78 Form of application\nAn application mentioned in this division may be made to the relevant\n(a) orally or in writing; or\n(b) if acceptable to the utility—by telephone, fax or other electronic\nmeans.\n","sortOrder":96},{"sectionNumber":"79","sectionType":"section","heading":"Electricity connection service","content":"79 Electricity connection service\n(1) This section applies if a person has applied to an electricity distributor\nfor a connection service for electricity for the person’s premises.\n(2) The person may elect to have an accredited person other than the\ndistributor do work in relation to the connection service.\n\n(3) However, this section does not apply until a date determined by the\nMinister.\n(4) A determination is a notifiable instrument.\naccredited person, in relation to work, means a person accredited\nunder a technical code to do the work.\n","sortOrder":97},{"sectionNumber":"83","sectionType":"section","heading":"Water connection service","content":"83 Water connection service\n(1) A water distributor must, on application by a person for any of the\nfollowing utility services, provide the service in accordance with the\ndistributor’s standard customer contract:\n(a) connect the premises to which the application relates to the\ndistributor’s network;\n(b) vary the capacity of the connection between the premises to\nwhich the application relates and the distributor’s network;\n(c) if the applicant elects accordingly—allow the connection, or the\nvariation of the capacity of the connection, and the associated\nwork, to be done by another person accredited under the relevant\n(2) For subsection (1) (c), work associated with the connection or\nvariation does not include any augmentation, relocation or other\nalteration of the distributor’s network.\n(3) To remove any doubt, action taken by an accredited person under\nsubsection (1) (c) does not constitute the provision of a utility service.\nwater distributor means––\n(a) in relation to the collection or treatment of water, or both, for\ndistribution through a water network—a utility licensed for the\nservice; and\n\nStandard rights Division 6.1\n(b) in relation to the distribution of water through a water network—\na utility licensed for the service; and\n(c) in relation to the provision of a water connection service to\npremises—a utility licensed to provide the service for the\n","sortOrder":98},{"sectionNumber":"84","sectionType":"section","heading":"Water supply service","content":"84 Water supply service\n(1) A water supplier must, on application by a person, and in accordance\nwith the supplier’s standard customer contract, supply water to\npremises owned or occupied by the person.\n(2) This section does not apply to the supply of water to premises for a\nnon-franchise customer.\n","sortOrder":99},{"sectionNumber":"85","sectionType":"section","heading":"Sewerage connection service","content":"85 Sewerage connection service\n(1) A sewerage utility must, on application by a person for any of the\nfollowing utility services, provide the service in accordance with the\nutility’s standard customer contract:\n(a) connect the premises to which the application relates to the\nutility’s network;\n(b) vary the capacity of the connection between the premises to\nwhich the application relates and the utility’s network;\n(c) if the applicant elects accordingly—allow the connection, or the\nvariation of the capacity of the connection, and the associated\nwork, to be done by another person accredited under the relevant\n(2) For subsection (1) (c), work associated with the connection or\nvariation does not include any augmentation, relocation or other\nalteration of the utility’s network.\n(3) To remove any doubt, action taken by an accredited person under\nsubsection (1) (c) does not constitute the provision of a utility service.\n\n","sortOrder":100},{"sectionNumber":"86","sectionType":"section","heading":"Sewerage service","content":"86 Sewerage service\nA sewerage utility must, on application by a person, and in\naccordance with the utility’s standard customer contract, provide a\nsewerage service for the premises to which the application relates.\n","sortOrder":101},{"sectionNumber":"86A","sectionType":"section","heading":"Meaning of utility service—div 6.2","content":"86A Meaning of utility service—div 6.2\nutility service does not include a utility service in relation to\nelectricity or gas.\n","sortOrder":102},{"sectionNumber":"87","sectionType":"section","heading":"Terms","content":"87 Terms\n(1) For this Act, the terms of a standard customer contract for the\nprovision of a utility service by a particular utility are the terms of the\ncontract, as approved or determined from time to time under this\ndivision, for the provision of the service by the utility.\n(2) A standard customer contract—\n(a) may apply to 2 or more stated utility services; or\n(b) may set out different terms for different classes of utility\nservices.\n","sortOrder":103},{"sectionNumber":"88","sectionType":"section","heading":"Draft contracts","content":"88 Draft contracts\n(1) ICRC must consider a draft standard customer contract submitted by\na utility to ICRC for approval.\n(2) ICRC may give a written direction to a utility to submit to ICRC for\nconsideration a draft standard customer contract for the provision of\na utility service.\n\nStandard customer contracts Division 6.2\n(3) A utility must comply with a direction within the period stated in the\ndirection that ICRC is satisfied is reasonable in the circumstances.\n","sortOrder":104},{"sectionNumber":"89","sectionType":"section","heading":"Approval of terms","content":"89 Approval of terms\n(1) ICRC may—\n(a) approve; or\n(b) refuse to approve;\nthe terms of a standard customer contract, a draft of which has been\nsubmitted to ICRC in accordance with section 88.\n(2) ICRC may approve the terms of a standard customer contract only if\nsatisfied that, when in force as a standard customer contract—\n(a) the terms would be consistent with—\n(i) the conditions of the utility’s licence; and\n(ii) the requirements imposed by or under this Act or a related\nlaw, including in particular, the requirements of each\nindustry code and technical code that is applicable; and\n(b) the charges payable under the contract would be consistent with\nthe relevant price direction by ICRC; and\n(c) the terms would be fair and reasonable.\n(3) ICRC must give written notice of a refusal under this section to the\n(4) A notice of refusal must set out the reasons for the refusal and may—\n(a) state any matter that ICRC is satisfied requires further\nconsideration or development; and\n(b) require the utility to submit a further draft standard customer\ncontract to ICRC for consideration.\n\n(5) If subsection (4) (b) applies, the notice must state the period, that\nICRC is satisfied is reasonable in the circumstances, within which the\nfurther draft standard customer contract is to be submitted.\n","sortOrder":105},{"sectionNumber":"90","sectionType":"section","heading":"Determination of terms","content":"90 Determination of terms\n(1) ICRC may determine the terms of a standard customer contract if—\n(a) a utility fails to submit a draft standard customer contract in\naccordance with a direction under section 88; or\n(b) a utility fails to submit a further draft standard customer contract\nin accordance with a requirement under section 89; or\n(c) ICRC is satisfied that a further draft standard customer contract\nsubmitted in accordance with a requirement under\nsection 89 (4) (b) is not appropriate.\n(2) The determined terms must comply with the requirements of\nsection 89 (2).\n","sortOrder":106},{"sectionNumber":"91","sectionType":"section","heading":"Notification and application of terms etc","content":"91 Notification and application of terms etc\nEach of the following is a notifiable instrument:\n(a) the terms of a standard customer contract approved under\nsection 89 (Approval of terms) or determined under section 90\n(Determination of terms);\n(b) a variation of a standard customer contract approved or\ndetermined under section 93 (Variation of terms).\n","sortOrder":107},{"sectionNumber":"92","sectionType":"section","heading":"Creation of standard customer contracts","content":"92 Creation of standard customer contracts\n(1) The terms on which a utility may provide a utility service to a person\nare—\n(a) to the extent that the service is provided under a negotiated\ncustomer contract—the terms of the contract; or\n\nStandard customer contracts Division 6.2\n(b) in any other case—the terms of the standard customer contract\nfor the provision of the service by the utility that apply—\n(i) when the person applies to the utility for the service on\nthose terms; or\n(ii) when the service is provided by the utility to the person in\nthe absence of an application by the person.\n(2) Where subsection (1) (b) applies, the terms of the standard customer\ncontract constitute an enforceable contract between the utility and the\nperson for the provision of the service.\n(3) A standard customer contract—\n(a) has no effect in relation to anything occurring before it comes\ninto operation; and\n(b) is subject to any variation under section 93; and\n(c) is unenforceable by the relevant utility to the extent (if any) to\nwhich it does not comply with the requirements set out in\nsection 89 (2) (a) and (b).\n","sortOrder":108},{"sectionNumber":"93","sectionType":"section","heading":"Variation of terms","content":"93 Variation of terms\n(1) ICRC may approve, or determine, a variation of the terms of a\nstandard customer contract and, for that purpose, the other provisions\nof this division apply to the variation in the same way as they apply\nto terms for a new standard customer contract.\n(2) However, ICRC may determine a variation of the terms of a standard\ncustomer contract if satisfied that the variation—\n(a) would not materially alter the terms; or\n(b) is necessary or convenient because of an amendment of an Act\nor a subordinate law.\n\n(3) If the terms of a standard customer contract for a utility service\nprovided by a particular utility are varied under this part, each\nstandard customer contract for the provision of the service by the\nutility is varied accordingly.\n","sortOrder":109},{"sectionNumber":"94","sectionType":"section","heading":"Water supply and sewerage services—owner’s liability","content":"94 Water supply and sewerage services—owner’s liability\nfor payment\n(1) The owner of land where water is supplied under a standard customer\ncontract is liable for an amount payable by the customer under the\ncontract.\n(2) The owner of land where sewerage services are provided under a\nstandard customer contract is liable for an amount payable by the\ncustomer under the contract.\n(3) Subsections (1) and (2) do not apply to an amount paid by the\ncustomer.\n(4) Joint owners of land are jointly and severally liable under\nsubsections (1) and (2).\n(5) The owner’s liability under subsection (1) or (2) includes any\nundischarged liability of a former owner of the land for an amount\npayable under that subsection.\n(6) In this section:\nowner means—\n(a) for land held in fee simple—the person in whom the fee simple\nis vested for the time being; or\n(b) for land held under a lease—the lessee for the time being; or\n(c) for land occupied under a tenancy granted by the Territory—the\ntenant for the time being; or\n(d) for other land occupied by a person with the consent of the\nTerritory—that person; or\n\nNegotiated customer contracts etc Division 6.3\n(e) for land held under a land sublease—the sublessee.\n","sortOrder":110},{"sectionNumber":"Div 6","sectionType":"division","heading":"3 Negotiated customer contracts etc","content":"Division 6.3 Negotiated customer contracts etc\n","sortOrder":111},{"sectionNumber":"94A","sectionType":"section","heading":"Application—div 6.3","content":"94A Application—div 6.3\n(1) This division does not apply to a utility service in relation to\nelectricity or gas.\n(2) However, section 95 (2) and (3) applies to a feed-in contract (whether\nentered into before or after the commencement day) on and after the\ncommencement day as if—\n(a) a reference to a utility were a reference to a NERL retailer; and\n(b) subsection (2) (a) were omitted.\ncommencement day means the commencement of the National\nEnergy Retail Law (ACT) Act 2012, section 6 (Application of\nNational Energy Retail Law).\nfeed-in contract means a contract relating to action required under\nthe Electricity Feed-in (Renewable Energy Premium) Act 2008,\nsection 6 (2) or (3).\n","sortOrder":112},{"sectionNumber":"95","sectionType":"section","heading":"Negotiated customer contracts","content":"95 Negotiated customer contracts\n(1) This section applies to a contract, between a utility and a customer,\nfor a utility service on terms other than those of the standard customer\ncontract for the provision of the service by the utility.\n(2) The contract is unenforceable by the utility to the extent (if any) to\nwhich it is inconsistent with—\n(a) the conditions of the utility’s licence; or\n(b) the requirements imposed by or under this Act or a related law,\nincluding in particular, the requirements of each industry code\nor technical code that is applicable.\n\n(3) Without limiting the operation of subsection (2), the regulations may\nprovide for the core requirements to be ascertained by reference to—\n(a) the standard customer contract that would otherwise apply to the\nprovision of the service by the utility; or\n(b) an industry code or technical code.\n","sortOrder":113},{"sectionNumber":"96","sectionType":"section","heading":"Unauthorised arrangements for utility services","content":"96 Unauthorised arrangements for utility services\nAn arrangement for the provision of a utility service, other than a\nstandard customer contract or a negotiated customer contract, is\nunenforceable by the person responsible for the provision of the\nservice unless the person is—\n(a) licensed to provide the service; or\n(b) exempt from the requirement for such a licence.\n","sortOrder":114},{"sectionNumber":"97","sectionType":"section","heading":"Approved meters","content":"97 Approved meters\napproved meter means a meter that complies with the relevant\n","sortOrder":115},{"sectionNumber":"100","sectionType":"section","heading":"Passing on the cost of water","content":"100 Passing on the cost of water\n(1) A person to whom water is supplied under a customer contract must\nnot impose a charge for supplying the water to premises of another\nperson unless each of the following conditions is satisfied:\n(a) for metered premises—\n(i) the quantity supplied to the premises must be measured\nseparately by an approved meter; and\n\nPassing on supply costs Division 6.4\n(ii) the rate at which the charge is made must not exceed the\nmaximum rate a utility may charge under a standard\ncustomer contract if it were to supply that quantity of water\ndirectly to those premises of the other person;\n(b) for unmetered premises—the charge must not exceed the\nmaximum charge determined by ICRC for the supply of water\nto unmetered premises at or near the premises of the other\nperson;\n(c) for all premises—subject to subsection (3), the person makes no\nother charge in relation to the supply of the water.\n(2) Subsection (1) does not apply to—\n(a) a utility licensed for the distribution or supply of water to the\npremises of the other person; or\n(b) a person who is exempt from the requirement for such a licence.\n(3) A person to whom water is supplied under a customer contract must\nnot impose a charge for use of that water (whether the charge is\nseparate or incorporated in another charge, for example for services\nor facilities) unless each of the following conditions is satisfied:\n(a) the rate at which the charge is made must not exceed the\nmaximum rate a utility may charge under a standard customer\ncontract for the supply of the water used;\n(b) the person makes no other charge in relation to the use of the\nwater;\n\n(c) if required by the regulations—the usage is metered in\naccordance with the regulations.\n","sortOrder":116},{"sectionNumber":"101","sectionType":"section","heading":"Capital contribution charges—network development","content":"101 Capital contribution charges—network development\n(1) A utility may impose a charge (a capital contribution charge)\npayable by customers for the development or augmentation of its\nnetwork for the following purposes:\n(a) making utility services available to parcels of land not already\nconnected to a network;\n(b) varying the capacity of connections to its network.\n(2) A capital contribution charge must be in accordance with the relevant\nindustry code.\n(3) This section does not apply to—\n(a) a utility service in relation to electricity; or\n(b) an electricity network; or\n(c) a utility service in relation to gas; or\n(d) a gas network.\n\nGeneral Division 7.1\n","sortOrder":117},{"sectionNumber":"Div 7","sectionType":"division","heading":"1 General","content":"Division 7.1 General\n","sortOrder":118},{"sectionNumber":"103","sectionType":"section","heading":"Definitions for pt 7","content":"103 Definitions for pt 7\ninstallation, of a network facility, includes—\n(a) the construction or extension of the facility on, over or under\nany land or water; and\n(b) the attachment of the facility to any building or other structure;\nand\n(c) any activity that is ancillary or incidental to an activity\nmentioned in paragraph (a) or (b).\nnetwork operations means work carried out by a utility, or an\nauthorised person for a utility, under this part in the exercise of its\nfunctions under this Act.\n","sortOrder":119},{"sectionNumber":"104","sectionType":"section","heading":"Acquisition of land","content":"104 Acquisition of land\n(1) A utility may compulsorily acquire land (including an interest in land)\nfor the purpose of exercising its functions under this Act.\n(2) The acquisition must be in accordance with the Lands Acquisition\nAct 1994.\n\n","sortOrder":120},{"sectionNumber":"105","sectionType":"section","heading":"Installation of network facilities","content":"105 Installation of network facilities\n(1) For purposes connected with the provision of a utility service, a utility\nmay—\n(a) enter and occupy land; and\n(b) undertake any work on the land that is necessary or desirable for\ninstalling a network facility.\n(2) Under subsection (1) (b), the utility may, for example, undertake any\nof the following work:\n(a) make surveys, take samples and examine the soil;\n(b) construct, install or place any plant, machinery, equipment or\ngoods;\n(c) fell or lop trees, or clear and remove vegetation;\n(d) interrupt the provision of utility services by the utility;\n(e) make cuttings and excavations;\n(f) level the land or make roads;\n(g) erect offices, workshops, sheds, other buildings, fences and\nother structures;\n(h) demolish, destroy or remove any network facility installed or\nused by the utility in relation to the provision of a utility service;\n(i) put a gate or passageway in a fence or wall (except a wall of a\nbuilding) that prevents or hinders the work of the utility under\nthis section, or remove such a gate or passageway;\n(j) temporarily divert or stop traffic on a public road or bridge;\n\nGeneral powers Division 7.2\n(k) restore the land, or fences, walls or other structures on the land,\naffected by the work of the utility and, for that purpose, remove\nand dispose of soil, vegetation and other material.\n(3) This section does not entitle a utility to act under subsection (1) on\nland that it does not own unless—\n(a) it owns an appropriate interest in the land; or\n(b) the owner of the land agrees to the undertaking.\n(4) If subsection (2) (i) applies, the utility must ensure, so far as\npracticable that the work is carried out in a way that minimises\ninconvenience and disruption to the passage of people, vehicles and\nvessels.\n(5) Any work undertaken under this section that affects a protected tree\n","sortOrder":121},{"sectionNumber":"106","sectionType":"section","heading":"Maintenance of network facilities","content":"106 Maintenance of network facilities\n(1) A utility may, at any time, maintain a network facility and, for that\npurpose, do anything necessary or desirable, including, for\nexample—\n(a) entering and occupying land; and\n(b) undertaking any work of a kind mentioned in section 105.\n(2) For subsection (1), the maintenance of a network facility includes, for\nexample, the following work:\n(a) the alteration, removal, repair or replacement of any part of the\nfacility;\n\n(b) the provisioning of the facility with material or information\n(whether in electronic form or otherwise);\n(c) inspecting or otherwise ensuring the proper functioning of the\nfacility from time to time;\n(d) action to which a network protection notice relates.\nNote For par (d)—see the Utilities (Technical Regulation) Act 2014, s 32\n(Network protection notices).\n(3) Any work undertaken under this section that affects a protected tree\n(b) for a registered or remnant tree, if the work is undertaken for\nprotecting life or property in urgent circumstances—anything done\nin relation to the tree under this section; or\n(c) for a protected tree in any other case—an activity approved under\nthat Act, s 28 or s 32 (see that Act, s 18 (1) (c)).\n","sortOrder":122},{"sectionNumber":"107","sectionType":"section","heading":"National land","content":"107 National land\nFunctions of the kind exercisable by a utility under this part are\nexercisable in relation to national land only by agreement with the\nCommonwealth.\n\n","sortOrder":123},{"sectionNumber":"108","sectionType":"section","heading":"Damage etc to be minimised","content":"108 Damage etc to be minimised\nIn carrying out network operations, a utility must take all reasonable\nsteps to ensure that it causes as little inconvenience, detriment and\ndamage as is practicable.\n","sortOrder":124},{"sectionNumber":"109","sectionType":"section","heading":"Notice to land-holder","content":"109 Notice to land-holder\n(1) Before a utility begins network operations in relation to public land\nor private land, it must give the land-holder written notice of the\nproposed operations.\n(2) The notice must be given to the land-holder—\n(a) at least 7 days before the operations begin; or\n(b) if the relevant industry code requires a minimum period of\nnotice—in accordance with the code.\n(3) The notice must, so far as practicable, state the following matters:\n(a) the purpose of the operations;\n(b) the nature of the activities involved;\n(c) the parts of the land likely to be affected;\n(d) the period or periods during which the activities are expected to\nbe carried out;\n(e) contain a statement indicating—\n(i) the utility’s obligation under this part to restore the land;\nand\n(ii) the ACAT’s power to direct payment by the utility for loss\nor damage resulting from the operations.\n\nperiod of notice under subsection (2).\n(5) Subsection (1) does not apply if the operations are to be carried out\n(a) the integrity of a network or network facility; or\n","sortOrder":125},{"sectionNumber":"109A","sectionType":"section","heading":"Notice to owner of structure—network operations","content":"109A Notice to owner of structure—network operations\n(1) This section applies to network operations on infrastructure owned by\na utility and installed in a structure owned by the Territory.\n(2) At least 7 days before beginning network operations, the utility must\ngive the Territory written notice of the proposed operations.\n(iii) the structure to be accessed;\n(iv) the period or periods during which the operations are\n(b) state the utility’s obligations under this part.\nNote The utility’s obligations include taking all reasonable steps to ensure that\nit causes as little inconvenience, detriment and damage as is practicable\n(see s 108), removing its property and waste (see s 112) and restoring the\nland (see s 113).\n\n(4) The Territory may, in writing, agree to a notice period of less than\n7 days.\n(5) However, there is no notice period for network operations carried\nout—\n(a) in urgent circumstances in which it is necessary to protect—\n(i) the integrity of a territory network or territory network\nfacility; or\n(ii) the health or safety of people; or\n(iii) public or private property; or\n(iv) the environment; or\n(b) for streetlight network infrastructure—in accordance with an\naccess agreement between the utility and the Territory, made\nunder a streetlight network code.\n","sortOrder":126},{"sectionNumber":"110","sectionType":"section","heading":"Notice about lopping trees etc on private land—network","content":"110 Notice about lopping trees etc on private land—network\n(1) This section applies to network operations to the extent that they\ninvolve—\n(a) the felling or lopping of trees on private land; or\n(b) the trimming of roots of trees or other plants on private land; or\n(c) the clearing or removal of vegetation on private land.\n(2) Before a utility begins such operations, it must give the land-holder\nnotice of the proposed operations.\n\n(a) must be given at least 7 days before the operations begin; and\n(b) must indicate the trees or vegetation affected and the activity\nproposed; and\n(c) may require the land-holder to carry out the activity within a\nstated period; and\n(d) if paragraph (c) applies—must contain a statement—\n(i) about the effect of subsection (6); and\n(ii) that the land-holder may need approval under the Urban\nForest Act 2023, part 3 (Protection of trees) to carry out the\nactivity; and\n(e) if the operations relate to other network operations for which\nnotice is required under this division—may be given in or with\nthe notice of the other operations.\n(see that Act, s 16 and s 17). However, the offences do not apply to an\nactivity approved under the Urban Forest Act 2023, s 28 or s 32 (see that\nAct, s 18 (1) (c)).\nperiod of notice under subsection (3) (a).\n(5) If subsection (3) (c) applies, the stated period within which the\nland-holder is required to carry out the activity must run for at least\n7 days commencing on the day the notice is given to the land-holder.\n(6) If the land-holder does not carry out the activity in accordance with a\nrequirement in the notice mentioned in subsection (3) (c)—\n(a) the utility may carry out the activity; and\n(b) the reasonable expenses thus incurred by the utility are a debt\ndue to the utility by the land-holder.\n\n(7) Subsection (6) (b) does not apply to a tree or vegetation growing on\nthe land before a network facility was installed on the land.\n(8) In urgent circumstances in which it is necessary to protect—\n(a) the integrity of a network or a network facility; or\n(d) the environment;\nsubsections (2) and (3) do not apply and the utility may carry out the\noperations at its own expense.\n","sortOrder":127},{"sectionNumber":"110A","sectionType":"section","heading":"Network operations affecting heritage significance","content":"110A Network operations affecting heritage significance\n(1) If a notice under section 109 or section 110 is about network\noperations that may affect a place or object registered, or nominated\nfor provisional registration, under the Heritage Act 2004, the utility\nmust also give a copy of the notice to the heritage council at least\n7 days before the day operations begin.\n(2) Subsection (1) does not apply if the operations are to be carried out\n(a) the integrity of a network or network facility; or\n\n","sortOrder":128},{"sectionNumber":"111","sectionType":"section","heading":"Notice to other utilities","content":"111 Notice to other utilities\n(1) This section applies to network operations by a utility that consist of,\nor include, an activity that—\n(a) affects; or\n(b) is reasonably likely to affect;\na network facility under the care and management of a public utility.\n(2) Before the utility begins such operations, it must give the public\nutility written notice of the proposed operations.\n(a) be given to the public utility at least 7 days before the operations\nbegin; and\n(b) so far as practicable, state the following matters:\n(iii) the network facility affected;\nexpected to be carried out.\n(4) The utility must—\n(a) make reasonable efforts to enter into an agreement with the\npublic utility about the way the activities would be carried out;\nand\n(b) comply with any such agreement.\n(5) The public utility may waive its right to notice under subsection (2).\n\n(6) Subsection (2) does not apply if the operations are to be carried out\n(a) the integrity of a network or a network facility; or\nnetwork facility includes—\n(a) a telecommunications facility; and\n(b) a stormwater facility; and\n(c) a streetlight facility.\npublic utility includes—\n(a) a utility licensed under this Act; and\n(b) a carrier or network operator under the Telecommunications\nAct 1997 (Cwlth); and\n(c) the entity responsible for the operation of the stormwater\nnetwork; and\n(d) the entity responsible for the operation of the streetlight\nstormwater facility means any part of the infrastructure of a\nstormwater network.\nstreetlight facility means any part of the infrastructure of a streetlight\ntelecommunications facility means a facility under the\nTelecommunications Act 1997 (Cwlth).\n\n","sortOrder":129},{"sectionNumber":"112","sectionType":"section","heading":"Removal of utility’s property and waste","content":"112 Removal of utility’s property and waste\n(1) A utility that undertakes an activity as network operations on land for\nwhich it is not the land-holder must, as soon as practicable, remove\nfrom the land—\n(a) all—\n(i) items of plant, machinery, equipment and other goods; and\n(ii) offices, workshops, sheds and other buildings; and\n(iii) roads and tracks;\nthat the utility constructed, installed or placed on the land and\nthat do not form part of, or are not to be used in the operation of,\nthe network facility to which the activity related; and\n(b) all spoil, waste and rubbish and cleared vegetation resulting\nfrom the activity.\n(2) The obligation in subsection (1) is subject to any agreement to the\ncontrary between the utility and the land-holder.\n","sortOrder":130},{"sectionNumber":"113","sectionType":"section","heading":"Land to be restored","content":"113 Land to be restored\n(1) A utility that carries out network operations on land for which it is\nnot the land-holder must take all reasonable steps to ensure that the\nland is restored as soon as practicable to a condition that is similar to\nits condition before the operations began.\n(2) Subsection (1) does not require the restoration of land to a condition\nthat would involve—\n(a) an interference with—\n(i) a network or network facility; or\n(ii) a territory network or territory network facility; or\n(b) a contravention of a territory law.\n\nAuthorised people Division 7.4\n(3) The obligation in subsection (1) is subject to any agreement to the\ncontrary between the utility and the land-holder.\n","sortOrder":131},{"sectionNumber":"114","sectionType":"section","heading":"Appointment","content":"114 Appointment\n(1) A utility may appoint a person as an authorised person for the utility\nfor this Act.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n(2) An authorised person must exercise his or her functions under this\nAct in accordance with the conditions of appointment and any\ndirection given to the person by the utility.\n","sortOrder":132},{"sectionNumber":"115","sectionType":"section","heading":"Identity cards","content":"115 Identity cards\n(1) A utility must give each of its authorised people an identity card that\nspecifies the person’s name and appointment as an authorised person\nfor the utility, and on which appears a recent photograph of the\n(2) A person must, within 7 days after ceasing to be an authorised person,\nreturn the identity card to the utility.\nMaximum penalty (subsection (2)): 1 penalty unit.\n","sortOrder":133},{"sectionNumber":"116","sectionType":"section","heading":"Entry to premises—network operations","content":"116 Entry to premises—network operations\n(1) Where a utility is entitled under this part to undertake network\noperations affecting particular premises, an authorised person for the\nutility may—\n(a) enter the premises, with such people, vehicles and things as are\nreasonable and necessary for the operations; and\n\n(b) carry out the activities necessary for those operations.\n(2) The authorised person may not remain on the premises if, on request\nby the land-holder or person apparently in charge of the premises, the\nauthorised person does not produce his or her identity card.\n(3) The authorised person may enter and remain on the premises under\nthis section with such assistance as is necessary and reasonable.\n","sortOrder":134},{"sectionNumber":"117","sectionType":"section","heading":"Entry to premises—inspection of meters etc","content":"117 Entry to premises—inspection of meters etc\n(1) An authorised person for a utility may enter and remain on any\npremises to which the utility provides, or is to provide, a utility\nservice—\n(a) to read, or check the accuracy of, a meter for recording the\nprovision of the service to the premises; or\n(b) to check work associated with the connection of premises to the\nutility’s network that is performed by a person accredited under\nthe relevant technical code; or\n(c) to check the operation of a connection between the premises and\nthe utility’s network, or install, repair, remove or replace such a\nconnection; or\n(d) for a purpose related to the connection of the premises to the\nutility’s network, or its withdrawal.\n(2) The authorised person may not remain on the premises if, on request\nby the land-holder or person apparently in charge of the premises, the\nauthorised person does not produce his or her identity card.\n(3) The authorised person may enter and remain on the premises under\nthis section—\n(a) at any reasonable time; and\n(b) with such assistance as is necessary and reasonable.\n\nMiscellaneous Division 7.5\n","sortOrder":135},{"sectionNumber":"119","sectionType":"section","heading":"Order to enforce exercise of functions","content":"119 Order to enforce exercise of functions\n(1) If—\n(a) an authorised person is entitled to exercise a function under this\npart in relation to premises; and\n(b) another person obstructs, or proposes to obstruct, the authorised\nperson in the exercise of the function;\nthe Magistrates Court may, on the application of the authorised\nperson, make an order authorising a police officer or other person\nnamed in the order to use such assistance and force as are reasonably\nnecessary to enable the function to be exercised.\n(2) A copy of an application under subsection (1) must be given to the\nobstructor, and the obstructor is entitled to appear and be heard on the\nhearing of the application.\n","sortOrder":136},{"sectionNumber":"120","sectionType":"section","heading":"Ownership of network facilities","content":"120 Ownership of network facilities\n(1) The owner or occupier of land to which a network facility is affixed\nhas no proprietary interest in the facility only because it is affixed to\nthe land.\n(2) A network facility of a utility is not to be taken in execution of a\njudgment against a person other than the utility under any process of\na court.\n","sortOrder":137},{"sectionNumber":"121","sectionType":"section","heading":"Clarifying ownership of certain network facilities","content":"121 Clarifying ownership of certain network facilities\n(1) The purpose of this section is to remove uncertainty about the\nownership of network facilities that—\n(a) are used, or for use, by a utility or a subsidiary of the utility in\nproviding a utility service; and\n\n(b) are treated by the Territory and the utility or subsidiary as being\nowned by the utility or subsidiary; and\n(c) are affixed to land owned or occupied by a person other than the\nutility or subsidiary.\n(2) The Minister may declare that this section applies to network\nfacilities.\nNote Power given under an Act to make a statutory instrument includes power\nto make different provision for different categories, eg declarations in\nrelation to different classes of network facilities or that apply by reference\nto stated exceptions (see Legislation Act, s 48).\n(3) A declaration must include sufficient particulars to identify the\nfacilities to which the declaration applies.\n(4) A declaration is a notifiable instrument.\n","sortOrder":138},{"sectionNumber":"122","sectionType":"section","heading":"Effect of declaration under s 121","content":"122 Effect of declaration under s 121\n(1) On the day a declaration under section 121 takes effect in relation to\na network facility, the facility, by force of this section—\n(a) is severed from the land and remains severed; and\n(b) vests in the person in whom the declaration states that the facility\nvests, without any conveyance, transfer or assignment.\n(2) A facility severed under subsection (1) ceases for all purposes to be a\nfixture.\n(3) A person in whom a facility is vested has, by force of this section, the\nfollowing rights in relation to the facility:\n(a) to have the facility (including any lines, pipes, equipment and\nany other thing ancillary to any other part of the facility) remain\non, under or over the land for the provision of utility services;\n(b) for that purpose, to use, or continue to use, the facility;\n\nMiscellaneous Division 7.5\n(c) to enter and occupy land on, above or under which the facility is\nlocated, and to undertake work on that land, for the purpose of\nmaintaining the facility.\n(4) To ensure the proper provision of utility services, the Minister may\ndetermine conditions for the exercise of a right given by\nsubsection (3) (c).\n(5) The right is exercisable only in accordance with the determined\nconditions.\n(6) A determination under subsection (4) is a notifiable instrument.\n(7) A declaration under section 121 has no effect to the extent that it\nwould vest a facility in a person if the facility had not been used, or\nfor use, by the person in providing a utility service before the\ndeclaration.\n\n","sortOrder":139},{"sectionNumber":"Part 9","sectionType":"part","heading":"Controller’s power to take over","content":"Part 9 Controller’s power to take over\n","sortOrder":140},{"sectionNumber":"134","sectionType":"section","heading":"Meaning of utility—pt 9","content":"134 Meaning of utility—pt 9\n(1) In this part:\nutility includes a former utility.\nformer utility does not include a NERL retailer.\n","sortOrder":141},{"sectionNumber":"135","sectionType":"section","heading":"Appointment of controller","content":"135 Appointment of controller\n(1) This section applies if the Minister is satisfied—\n(a) that—\n(i) a contravention by a utility of a licence condition threatens\nthe provision of the utility’s service to customers; and\n(ii) other remedies are inadequate to ensure compliance with\nthe licence condition; or\n(b) that, following the expiry or cessation of a licence, the provision\nof utility services to customers is threatened.\n(2) In either case, the Minister may, after consulting ICRC, appoint a\ncontroller for all or part of the operations of the responsible utility.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n\nGeneral Division 9.1\n(3) The controller has the functions stated in the instrument of\nappointment.\n(4) A controller holds the position on the conditions stated in the\ninstrument of appointment.\n(5) The Minister may revoke an appointment by written notice given to\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n","sortOrder":142},{"sectionNumber":"136","sectionType":"section","heading":"Controller’s functions","content":"136 Controller’s functions\n(1) A controller must, so far as practicable, ensure the provision or\ncontinued provision of the utility service to which the appointment\nrelates.\n(2) For that purpose, the controller may—\n(a) take control of the relevant operations of the utility; and\n(b) take control of the activities of an associate of the utility so far\nas they relate to the provision of the relevant utility services; and\n(c) have access to a network facility or other premises of the\nresponsible utility or an associate, so far as is reasonable and\nnecessary; and\n(d) give a written direction to a person to take stated action.\nNote 1 A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\nNote 2 For how documents may be given, see the Legislation Act, pt 19.5.\n\n","sortOrder":143},{"sectionNumber":"137","sectionType":"section","heading":"Utility to cooperate","content":"137 Utility to cooperate\n(1) The responsible utility must facilitate the taking of action by the\ncontroller and, in particular must comply with any direction by the\ncontroller.\n(2) A utility is not to be taken to contravene a requirement under this Act\nor any other Act by complying with a direction of the controller.\n","sortOrder":144},{"sectionNumber":"138","sectionType":"section","heading":"Reports to Minister","content":"138 Reports to Minister\nThe controller must furnish to the Minister such information relating\nto the controller’s functions as the Minister requires.\n","sortOrder":145},{"sectionNumber":"139","sectionType":"section","heading":"Ministerial directions","content":"139 Ministerial directions\n(1) The Minister may give written directions to the controller in relation\nto the exercise of the controller’s functions, either generally or in\nrelation to a particular matter.\n(2) The controller must give effect to any such direction.\n","sortOrder":146},{"sectionNumber":"140","sectionType":"section","heading":"Contravention of controller’s direction","content":"140 Contravention of controller’s direction\nA person must not, without reasonable excuse, contravene a direction\ngiven by the controller in the performance of functions under this part.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n","sortOrder":147},{"sectionNumber":"142","sectionType":"section","heading":"Immunity from personal liability","content":"142 Immunity from personal liability\n(1) No personal liability attaches to a person who is, or has been, a\ncontroller for any act or omission in good faith in the exercise, or\npurported exercise, of a function under this Act.\n(2) Subsection (1) does not affect any liability that the Territory would\nhave, but for the operation of subsection (1), in relation to the act or\nomission.\n\nCompensation Division 9.2\n","sortOrder":148},{"sectionNumber":"143","sectionType":"section","heading":"Right to compensation","content":"143 Right to compensation\n(1) Subject to this section, a person who suffers loss because of an act or\nomission of a controller is entitled to be paid reasonable\ncompensation by the Territory in relation to the loss.\n(2) Compensation is not payable to a person in relation to a loss to the\nextent—\n(a) of any amount recovered or recoverable by the person under a\npolicy of insurance; or\n(b) that the conduct of the person contributed to the loss.\n(3) Compensation is not payable to a person in relation to a loss if the\nloss would have arisen despite the act or omission of the controller.\n","sortOrder":149},{"sectionNumber":"144","sectionType":"section","heading":"Claims","content":"144 Claims\nA claim for compensation must—\n(b) set out particulars of the claimant’s loss, the amount of\ncompensation claimed and the grounds for the claim of that\namount; and\n(c) be lodged with the director-general.\n","sortOrder":150},{"sectionNumber":"145","sectionType":"section","heading":"Acceptance or rejection of claim","content":"145 Acceptance or rejection of claim\n(1) Where the Minister is satisfied that a claimant is entitled to\ncompensation under section 143, the Minister must accept the claim\nby giving written notice of acceptance to the claimant setting out—\n(a) an offer to the claimant of the amount of compensation to which\nthe Minister considers the claimant is entitled; and\n(b) an explanation of how that amount was assessed.\n\n(2) Where the Minister is satisfied that a claimant is not entitled to\ncompensation under section 143, the Minister must reject the claim\nby giving written notice of rejection to the claimant setting out the\nreasons for the rejection.\n","sortOrder":151},{"sectionNumber":"146","sectionType":"section","heading":"Acceptance or rejection of compensation offer","content":"146 Acceptance or rejection of compensation offer\nA claimant to whom an offer has been made under section 145 may—\n(a) accept the offer; or\n(b) reject the offer;\nby giving written notice to that effect to the director-general.\n","sortOrder":152},{"sectionNumber":"147","sectionType":"section","heading":"Payment","content":"147 Payment\nWhere a claimant accepts an offer of an amount of compensation, the\nTerritory must pay the amount to the claimant.\n","sortOrder":153},{"sectionNumber":"148","sectionType":"section","heading":"Role of court","content":"148 Role of court\nIf the Territory and the person to whom compensation is payable\nunder section 143 do not agree on the amount of compensation, the\nperson may, in a court of competent jurisdiction, recover from the\nTerritory such reasonable compensation as the court determines.\n\nCompensation Division 9.2\n","sortOrder":154},{"sectionNumber":"149","sectionType":"section","heading":"Recovery of compensation","content":"149 Recovery of compensation\nIf—\n(a) a controller is appointed because of a contravention by a utility\nof a licence condition; and\n(b) a person suffers loss because of an act or omission of the\ncontroller; and\n(c) the controller’s act or omission was in good faith in the exercise\nor purported exercise of a function under this part;\nthe amount of compensation payable under this part for the loss is a\ndebt due to the Territory by the utility.\n\n","sortOrder":155},{"sectionNumber":"149A","sectionType":"section","heading":"Definitions—pt 9A","content":"149A Definitions—pt 9A\nessential service means electricity, gas or water.\nessential service restriction means a restriction or other regulation\nprescribed by regulation in relation to the use of an essential service.\n","sortOrder":156},{"sectionNumber":"149B","sectionType":"section","heading":"Restriction of utility service","content":"149B Restriction of utility service\nA regulation may make provision in relation to a shortage, or possible\nshortage, in the amount of an essential service needed for the\ncommunity, including provision regulating the use of an essential\nservice by consumers.\n","sortOrder":157},{"sectionNumber":"149C","sectionType":"section","heading":"Powers in relation to premises","content":"149C Powers in relation to premises\n(1) This section applies if an authorised person believes, on reasonable\ngrounds, that an essential service is being used, or has just been used,\nat premises in contravention of an essential service restriction.\n(2) For this Act, the authorised person may, at any reasonable time—\n(a) enter and inspect the premises and anything at the premises; and\n(b) take action prescribed by regulation in relation to a\ncontravention of the essential service restriction.\n(3) However, subsection (2) (a) does not authorise entry into a part of\npremises that is being used only for residential purposes.\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (2) (a) without payment of an entry fee or other charge.\n\nShortage of essential services Part 9A\n","sortOrder":158},{"sectionNumber":"149D","sectionType":"section","heading":"Production of identity card","content":"149D Production of identity card\nAn authorised person must not remain on premises entered under this\npart if, when asked by the occupier, the authorised person does not\nproduce the authorised person’s identity card for inspection by the\noccupier.\n\nNote This part applies to NERL retailers and NERL exempt sellers (see s 75B\nand s 75C).\n","sortOrder":159},{"sectionNumber":"150","sectionType":"section","heading":"Definitions for pt 10","content":"150 Definitions for pt 10\nconnected—a thing is connected with a particular offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\npremises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be committed.\n","sortOrder":160},{"sectionNumber":"152","sectionType":"section","heading":"Appointment","content":"152 Appointment\n(1) ICRC may appoint a person as an ICRC inspector for this Act.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n\n(2) An ICRC inspector must exercise his or her functions under this Act\nin accordance with the conditions of appointment and any direction\ngiven to the inspector by ICRC.\n(3) A person must not be appointed under subsection (1) unless—\n(a) the person is an Australian citizen or a permanent resident of\nAustralia; and\n(b) the director-general has certified in writing that, after\nappropriate inquiry, the director-general is satisfied that the\nperson is a suitable person to be appointed, having regard in\nparticular to—\n(i) whether the person has any criminal convictions; and\n(ii) the person’s employment record; and\n(c) the director-general has certified in writing that the\ndirector-general is satisfied that the person—\n(i) has satisfactorily completed adequate training; and\n(ii) is competent;\nto exercise the functions of an inspector proposed to be given to\n","sortOrder":161},{"sectionNumber":"153","sectionType":"section","heading":"Identity cards","content":"153 Identity cards\n(1) ICRC must give each of its inspectors an identity card that specifies\nthe inspector’s name and appointment as an ICRC inspector, and on\nwhich appears a recent photograph of the person.\n(2) A person must, within 7 days after ceasing to be an ICRC inspector,\nreturn the identity card to ICRC.\nMaximum penalty (contravention of subsection (2)): 1 penalty unit.\n\n","sortOrder":162},{"sectionNumber":"154","sectionType":"section","heading":"Power to enter premises","content":"154 Power to enter premises\n(1) An ICRC inspector may, for the purpose of ICRC’s functions under\nthis Act—\n(a) enter any premises at any time with the consent of the occupier;\nor\n(b) enter premises occupied by a utility at any time the premises are\nbeing used; or\n(c) at any reasonable time, enter premises to which a utility service\nis provided (other than a part used for residential purposes); or\n(d) enter premises in accordance with a warrant under section 157.\n(2) An ICRC inspector may, without the occupier’s consent or a warrant,\nenter the land around premises to ask the occupier for consent to enter\nthe premises.\n","sortOrder":163},{"sectionNumber":"155","sectionType":"section","heading":"Production of identity card","content":"155 Production of identity card\nAn ICRC inspector may not remain on premises entered under this\ndivision if, on request by the occupier, the inspector does not produce\nhis or her identity card.\n","sortOrder":164},{"sectionNumber":"156","sectionType":"section","heading":"Consent to entry","content":"156 Consent to entry\n(1) When seeking the consent of an occupier for entering premises under\nthis division, an ICRC inspector must—\n(a) produce his or her identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized may be used in evidence in\ncourt; and\n(iii) that consent may be refused.\n\n(2) If the occupier consents, the inspector must ask the occupier to sign a\nwritten acknowledgment—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized may be used in evidence in\ncourt; and\n(iii) that consent could be refused; and\n(b) that the occupier consented to the entry; and\n(c) the time, and day, when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the inspector\nmust immediately give a copy to the occupier.\n(4) Unless the contrary is proven, a court must presume that an occupier\nof premises did not consent to an entry to the premises by an ICRC\ninspector under this division if—\n(a) the question whether the occupier consented to the entry arises\nin proceedings in the court; and\n(b) an acknowledgment under this section is not produced in\nevidence for the entry or exercise of power; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":165},{"sectionNumber":"157","sectionType":"section","heading":"Warrants","content":"157 Warrants\n(1) An ICRC inspector may apply to a magistrate for a warrant to enter\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\ninspector gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity (the evidence) that may\nprovide evidence of an offence against this Act or a related law;\nand\n(b) the evidence is, or may be within the next 14 days, at the\n(5) The warrant must state—\n(a) that an ICRC inspector may, with necessary help and force, enter\nthe premises and exercise the inspector’s powers under this\ndivision; and\n(b) the offence for which the warrant is sought; and\n(c) the evidence that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 14 days after the warrant’s issue, the warrant\nends.\n","sortOrder":166},{"sectionNumber":"158","sectionType":"section","heading":"Warrants—application made other than in person","content":"158 Warrants—application made other than in person\n(1) An ICRC inspector may apply for a warrant by phone, fax, radio or\nother form of communication if the inspector considers it necessary\nbecause of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the inspector must prepare an\napplication stating the grounds on which the warrant is sought.\n\n(3) The inspector may apply for the warrant before the application is\nsworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the inspector if it is reasonably practicable to do so.\n(5) If it is not reasonably practicable to provide a written copy to the\ninspector—\n(a) the magistrate must—\n(i) tell the inspector what the terms of the warrant are; and\n(ii) tell the inspector the date and time the warrant was issued;\nand\n(b) the inspector must complete a form of warrant (warrant form)\nand write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the inspector, authorises the entry and the exercise of\nthe other powers stated in the warrant issued by the magistrate.\n(7) The inspector must, at the first reasonable opportunity, send the\nmagistrate—\n(a) the sworn application; and\n(b) if the inspector completed a warrant form—the completed\nwarrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n\n(9) Unless the contrary is proven, a court must presume that a power\nexercised by an ICRC inspector was not authorised by a warrant\nunder this section if—\n(a) the question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence.\n","sortOrder":167},{"sectionNumber":"159","sectionType":"section","heading":"Powers on entry to premises","content":"159 Powers on entry to premises\n(1) An ICRC inspector who enters premises under this division may, for\nthe purpose of ICRC’s functions under this Act—\n(a) inspect, measure, photograph or film the premises or anything\non the premises; or\n(b) copy a document on the premises; or\n(c) test or take samples of or from anything on the premises; or\n(d) take into the premises any people, equipment or material the\ninspector reasonably needs for exercising a power under this\ndivision; or\n(e) require the occupier, or a person on the premises to give the\ninspector reasonable help to exercise a power under this\ndivision.\n(2) A person must not, without reasonable excuse, contravene a\nrequirement under subsection (1) (e).\nMaximum penalty (subsection (2)): 50 penalty units.\n\n","sortOrder":168},{"sectionNumber":"160","sectionType":"section","heading":"Power to seize evidence","content":"160 Power to seize evidence\n(1) An ICRC inspector who enters premises with a warrant under this\ndivision may seize the evidence for which the warrant was issued.\n(2) An ICRC inspector who enters premises under this division with the\nconsent of the occupier may seize a thing on the premises if—\n(a) the inspector is satisfied the thing is connected with an offence\nagainst this Act or a related law; and\n(b) seizure of the thing is consistent with the purpose of the entry as\ntold to the occupier in seeking the occupier’s consent.\n(3) An ICRC inspector may also seize another thing on the premises if\nthe inspector is satisfied—\n(a) the thing is connected with an offence against this Act or a\nrelated law; and\n(b) the seizure is necessary to prevent the thing being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Having seized a thing, an ICRC inspector may—\n(a) remove the thing from the premises where it was seized (the\nplace of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(5) A person must not, without ICRC’s approval, interfere with a thing\nto which access has been restricted under subsection (4).\nMaximum penalty (subsection (5)): 50 penalty units, imprisonment\nfor 6 months or both.\n\n","sortOrder":169},{"sectionNumber":"161","sectionType":"section","heading":"Receipt for things seized","content":"161 Receipt for things seized\n(1) As soon as practicable after a thing is seized by an ICRC inspector\nunder this division, the inspector must give a receipt for it to the\nperson from whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe ICRC inspector must leave the receipt at the place of seizure in a\nreasonably secure way and in a conspicuous position.\n","sortOrder":170},{"sectionNumber":"162","sectionType":"section","heading":"Access to things seized","content":"162 Access to things seized\nA person who would, but for the seizure, be entitled to a thing seized\nunder this division may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n","sortOrder":171},{"sectionNumber":"163","sectionType":"section","heading":"Return of things seized","content":"163 Return of things seized\n(1) A thing seized under this division must be returned to its owner, or\nreasonable compensation must be paid to the owner by ICRC for the\nloss of the thing, if—\n(a) a prosecution for an offence relating to the thing is not instituted\nwithin 90 days of the seizure; or\n(b) the court does not find the offence proved in a prosecution for\nan offence relating to the thing.\n(2) A thing seized under this division is forfeited to ICRC if a court—\n(a) finds an offence relating to the thing to be proved; and\n(b) orders the forfeiture.\n(3) If subsection (2) (a) applies, but a court does not order forfeiture of\nthe thing seized, ICRC must return the thing to its owner or pay\nreasonable compensation to the owner in relation to the loss of the\nthing.\n\nMiscellaneous Division 10.5\n","sortOrder":172},{"sectionNumber":"Div 10","sectionType":"division","heading":"5 Miscellaneous","content":"Division 10.5 Miscellaneous\n","sortOrder":173},{"sectionNumber":"166","sectionType":"section","heading":"Self-incrimination etc","content":"166 Self-incrimination etc\n(1) A person is not excused from providing information, producing a\ndocument or answering a question when required to do so under this\npart on the ground that the information, document or answer might\ntend to incriminate the person.\n(2) However—\n(a) the provision of the information, document or answer; or\n(b) any information, document or thing obtained as a direct or\nindirect consequence of providing the information, document or\nanswer;\nis not admissible in evidence against the person in criminal\nproceedings, other than proceedings for—\n(c) an offence to which this part applies; or\n(d) any other offence in relation to the falsity of the information,\ndocument or answer.\nNote 1 A reference to an offence against a territory law includes a reference to a\nrelated ancillary offence, eg attempt (see Legislation Act, s 189).\nNote 2 The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n\n","sortOrder":174},{"sectionNumber":"Part 11","sectionType":"part","heading":"Certain causes of action against customer","content":"Part 11 Certain causes of action against customer\nPart 11 Certain causes of action against\ncustomer\nNote This part applies to NERL retailers (see s 75B).\n","sortOrder":175},{"sectionNumber":"167","sectionType":"section","heading":"Proceedings in Magistrates Court—amounts over $10 000","content":"167 Proceedings in Magistrates Court—amounts over $10 000\n(1) This section applies to a proceeding in relation to—\n(a) the recovery of a customer debt that is more than $10 000; or\n(b) any other cause of action against a customer for more than\n$10 000 in relation to which an application to ACAT may be\nmade under part 12 (Complaints to ACAT about utilities).\n(2) A utility may not begin a proceeding to which this section applies\nagainst the customer in the Magistrates Court unless the utility has\ngiven the customer written notice of its intention to do so.\n(a) must be given at least 7 days before the day the proceeding is\nbegun; and\n(b) must include a statement about—\n(i) the customer’s rights to make an application in relation to\na complaint to the ACAT under part 12; and\n(ii) the effect of the Magistrates Court Act 1930, section 266\n(Complaints under Utilities Act, pt 12).\ncustomer debt—see section 169.\n\nCertain causes of action against customer Part 11\n","sortOrder":176},{"sectionNumber":"168","sectionType":"section","heading":"Civil dispute applications to ACAT","content":"168 Civil dispute applications to ACAT\n(1) This section applies in relation to—\n(a) the recovery of a customer debt; or\n(b) any other cause of action against a customer in relation to which\nan application to ACAT may be made under part 12 (Complaints\nto ACAT about utilities).\n(2) A utility may not make an application to the ACAT under the\nACT Civil and Administrative Tribunal Act 2008, part 4 (Civil\ndisputes) in relation to the debt or cause of action unless the utility\nhas given the customer written notice of its intention to do so.\n(a) must be given at least 7 days before the day the application is\nmade; and\n(b) must include a statement about the customer’s rights to make an\napplication in relation to a complaint to the ACAT under part 12.\ncustomer debt—see section 169.\n\n","sortOrder":177},{"sectionNumber":"Part 12","sectionType":"part","heading":"Complaints to ACAT about","content":"Part 12 Complaints to ACAT about\nutilities\n","sortOrder":178},{"sectionNumber":"169","sectionType":"section","heading":"Definitions—pt 12","content":"169 Definitions—pt 12\ncomplainant—see section 172.\ncomplaint—see section 172.\ncustomer debt means an amount payable by a customer to a utility in\nrelation to the provision of a utility service to premises for the\ncustomer.\nregistrar means the registrar of the ACAT.\nrespondent, in relation to a complaint, means the utility the subject of\nthe complaint.\nutility, in relation to an act or omission, includes a person who was\nlicensed at the time of the act or omission.\nwithdrawal, of a utility service, includes the reduction or termination\nof the service, whether by disconnection from a network or otherwise.\n","sortOrder":179},{"sectionNumber":"170","sectionType":"section","heading":"Application—pt 12","content":"170 Application—pt 12\nThis part does not apply to a complaint by a utility.\nNote This part applies to NERL retailers and NERL exempt sellers (see s 75B\nand s 75C).\n\nApplications to ACAT Division 12.2\n","sortOrder":180},{"sectionNumber":"171","sectionType":"section","heading":"Principles—pt 12","content":"171 Principles—pt 12\nIn exercising its functions under this part, the ACAT must consider\nthe following principles:\n(a) that utility services should continue to be provided to\ncomplainants suffering financial hardship;\n(b) that the rights of complainants under the Act should be\nprotected.\n","sortOrder":181},{"sectionNumber":"172","sectionType":"section","heading":"ACAT applications","content":"172 ACAT applications\nA person (the complainant) mentioned in table 172, column 2 may\napply to the ACAT in relation to a matter (the complaint) mentioned\nin column 3 in relation to the complainant.\nTable 172 ACAT applications\nitem\ncomplainant\ncomplaint\n1 consumer affected by\ncontravention of customer contract, or customer retail\ncontract or customer connection contract made under\nthe National Energy Retail Law (ACT), by a utility\n2 consumer affected by\ncontravention of an industry code dealing with utility\nservice standards by a utility\n3 consumer a utility fails to provide a utility service to consumer or\nwithdraws a utility service from consumer, and failure\nor withdrawal causes substantial hardship, or is likely\nto cause substantial hardship, to consumer\n4 person affected by\ncontravention of s 51 (Protection of personal\ninformation) by a utility\n5 person affected by\ncontravention by a utility or a regulated utility of an\nobligation in relation to its network operations under\nthis Act or the Utilities (Technical Regulation)\nAct 2014\n\nitem\ncomplainant\ncomplaint\n6 person affected by act\nor omission\nact or omission of an authorised person for a utility or\nregulated utility in relation to its network operations\nunder this Act or the Utilities (Technical Regulation)\nAct 2014\n7 person on whom\ncharge imposed\ncapital contribution charge imposed under s 101\n","sortOrder":182},{"sectionNumber":"173","sectionType":"section","heading":"Help with applications about failure to provide, or","content":"173 Help with applications about failure to provide, or\nwithdrawal of, utility services\n(1) This section applies if—\n(a) the registrar considers that a person making an application, or\nconsidering making an application, needs help with the\napplication; and\n(b) the application is in relation to the failure to provide a utility\nservice to the person or the withdrawal of a utility service from\n(2) The registrar must ask the person whether the person wants the\nregistrar to put the application in writing for the person.\n(3) If the person wants the registrar to put the application in writing, the\nregistrar must do so.\n(4) This section is in addition to the ACT Civil and Administrative\nTribunal Act 2008, section 112 (1) (b) (Functions of registrar—other).\n","sortOrder":183},{"sectionNumber":"174","sectionType":"section","heading":"Advising Minister etc about systemic problems","content":"174 Advising Minister etc about systemic problems\n(1) This section applies if it appears to the ACAT that applications under\nthis part to the ACAT indicate a systemic problem in relation to—\n(a) the operation of this part; or\n\nPreliminary inquiries Division 12.3\n(b) other matters that come to the ACAT’s attention in the course of\nexercising its functions under this part.\n(2) The ACAT must tell the following about the problem:\n(a) each Minister responsible for administering the Act;\n(b) the ICRC.\n(3) This section is in addition to the ACT Civil and Administrative\nTribunal Act 2008, section 105A (Advising Attorney-General about\nsystemic problems).\n","sortOrder":184},{"sectionNumber":"Div 12","sectionType":"division","heading":"3 Preliminary inquiries","content":"Division 12.3 Preliminary inquiries\n","sortOrder":185},{"sectionNumber":"175","sectionType":"section","heading":"Preliminary inquiries—registrar","content":"175 Preliminary inquiries—registrar\nIf a person makes a complaint, the registrar may make inquiries of the\nperson, respondent or anyone else to decide—\n(a) whether this part applies to the matter complained of; and\n(b) if so, whether the ACAT should consider the matter.\nDivision 12.4 Dismissal of complaints\n","sortOrder":186},{"sectionNumber":"176","sectionType":"section","heading":"Dismissal of complaints about utilities","content":"176 Dismissal of complaints about utilities\n(1) The ACAT may dismiss a complaint about a utility if satisfied that—\n(a) this part does not apply to the matter complained of; or\n(b) the complaint has been withdrawn or abandoned (for example,\nbecause the complainant fails to proceed with the complaint\nwithin a reasonable time); or\n(c) the complaint relates to a matter, or the last of a series of matters,\nthat happened more than 1 year before the day the complaint was\nmade; or\n\n(d) if the registrar makes an inquiry under section 175 of the person\nmaking the complaint—the person has not responded to the\ninquiry; or\n(e) the complainant has not made reasonable efforts to resolve the\nmatter complained of with the utility, particularly in accordance\nwith the utility’s complaint handling procedures; or\n(f) the matter complained of has already been dealt with adequately\nby the ACAT or otherwise; or\n(g) a remedy more appropriate than action under this part is readily\navailable to the complainant; or\n(h) it is otherwise appropriate to do so.\nNote The ACAT may dismiss an application if it is frivolous or vexatious,\nlacking in substance or otherwise an abuse of process (see ACT Civil and\nAdministrative Tribunal Act 2008, s 32).\n(2) If the ACAT dismisses a complaint, it must give each party written\nnotice of the dismissal, setting out its reasons for the dismissal.\n","sortOrder":187},{"sectionNumber":"177","sectionType":"section","heading":"Complainant’s records","content":"177 Complainant’s records\n(1) This section applies if a complainant makes a complaint about a\n(2) The utility must give the ACAT the utility’s records, or access to the\nrecords, in relation to the complainant.\n(3) The complainant is taken to consent to the disclosure of the records\nto the ACAT.\nNote See s 51 (Protection of personal information).\n\nPowers and decisions of ACAT Division 12.5\n","sortOrder":188},{"sectionNumber":"178","sectionType":"section","heading":"ACAT decisions","content":"178 ACAT decisions\n(1) This section applies if the ACAT is satisfied, in relation to a\ncomplainant, that—\n(a) the respondent has—\n(i) contravened a customer contract; or\n(ii) contravened section 51 (Protection of personal\ninformation); or\n(iii) contravened an obligation under this Act in relation to its\nnetwork operations; or\n(b) the respondent has caused, or would cause, substantial hardship\nby failing to provide, or withdrawing, a utility service; or\n(c) an authorised person for the respondent has acted improperly in\nrelation to network operations; or\n(d) a capital contribution charge, of an amount of not more than\n$10 000, imposed by the respondent is excessive.\n(2) Without limiting the orders the ACAT may make, the ACAT may—\n(a) for a complaint that a capital contribution charge is excessive—\ngive a direction under section 182 (Reviewable capital\ncontribution charges); or\n(b) in any other case—\n(i) give the written directions to the respondent that it\nconsiders necessary requiring the respondent to remedy the\nmatter mentioned in subsection (1); or\n(ii) give another direction under this division; or\n(iii) make a declaration under this division.\n(3) A respondent must comply with a direction given to it under this\ndivision.\n\n","sortOrder":189},{"sectionNumber":"179","sectionType":"section","heading":"Continuity of utility services—nonpayment of customer","content":"179 Continuity of utility services—nonpayment of customer\ndebt\n(1) This section applies to a complaint about the actual or potential\nwithdrawal of a utility service because of a failure to pay a customer\ndebt in relation to residential premises.\n(2) If the ACAT is satisfied that the withdrawal of the utility services\ncauses, or would cause, substantial hardship for a consumer, the\nACAT may give the respondent a written direction—\n(a) not to withdraw the service; or\n(b) if the service has been withdrawn—to restore the service as soon\nas practicable and, in any event, within 24 hours after the\ndirection is given to the respondent.\n(3) A direction may contain ancillary directions, for example, that the\nservice not be withdrawn—\n(a) during a stated period; or\n(b) unless the consumer fails to comply with a stated condition.\nNote See the national energy retail rules, pt 6 (De-energisation (or\ndisconnection) of premises—small customers).\n","sortOrder":190},{"sectionNumber":"180","sectionType":"section","heading":"Discharge of customer debt","content":"180 Discharge of customer debt\n(1) If the ACAT is satisfied that payment of a customer debt in relation\nto residential premises would cause substantial hardship for the\ncustomer, the ACAT may, in writing, declare that the debt is\ndischarged in whole or to a stated extent.\n(2) The declaration may provide that the discharge is conditional on\npayment by the customer of a stated amount or amounts in accordance\nwith the declaration.\n(3) A declaration has effect for all purposes according to its terms.\n\nPowers and decisions of ACAT Division 12.5\n(4) The amount of the debt discharged by a declaration may not be more\nthan—\n(a) $10 000; or\n(b) if another amount is prescribed by regulation—the prescribed\namount.\n","sortOrder":191},{"sectionNumber":"181","sectionType":"section","heading":"Payment for loss or damage","content":"181 Payment for loss or damage\n(1) If the ACAT is satisfied that a complainant suffered loss or damage\nbecause of an act by the respondent, or an authorised person for the\nrespondent, of a kind mentioned in section 178 (ACAT decisions),\nthe ACAT may give the respondent a written direction to pay a stated\namount to the complainant for the loss or damage.\n(2) The direction may not be given in relation to a punitive amount.\n(3) The amount payable under the direction is a debt due to the\ncomplainant in whose favour the direction is given.\n(4) In giving the direction, the ACAT must take account of the extent (if\nany) to which the complainant—\n(a) caused, or contributed to, the loss or damage; or\n(b) obstructed, or interfered with, the exercise of the respondent’s\nfunctions under this Act.\n(5) The amount stated in a direction may not be more than $25 000.\n(6) The registrar must, if asked by the complainant in whose favour a\ndirection is made, give the complainant a copy of the direction\ncertified by the registrar.\n\n","sortOrder":192},{"sectionNumber":"182","sectionType":"section","heading":"Reviewable capital contribution charges","content":"182 Reviewable capital contribution charges\n(1) This section applies if the ACAT is satisfied that a capital\ncontribution charge imposed by the respondent is excessive.\n(2) The ACAT may give the respondent a written direction to reduce the\ncharge to the amount stated in the direction.\n(3) For subsection (2), the ACAT must state an amount that it considers\nreasonable having regard to—\n(a) the cost of the work to which the charge relates; and\n(b) the relevant industry code.\n(4) The ACAT may only give a direction under subsection (2) in relation\nto a capital contribution charge of not more than $10 000.\n(5) To remove any doubt, this section is additional to, and does not\nlimit—\n(a) section 179 (Continuity of utility services—nonpayment of\ncustomer debt); and\n(b) section 180 (Discharge of customer debt).\n","sortOrder":193},{"sectionNumber":"183","sectionType":"section","heading":"Reimbursement of utilities for customer debts discharged","content":"183 Reimbursement of utilities for customer debts discharged\nIf a customer debt owed to a utility is discharged under section 180\n(Discharge of customer debt), the amount discharged is a debt due to\nthe utility by the Territory.\n","sortOrder":194},{"sectionNumber":"184","sectionType":"section","heading":"Protection of confidential information","content":"184 Protection of confidential information\n(1) The ACAT must preserve the confidentiality of information disclosed\nto, or obtained by, the ACAT in the exercise of its functions under\nthis part, including—\n(a) personal information; and\n\nConfidential information Division 12.6\n(b) information that—\n(i) could affect the competitive position of a utility or\nsomeone else; or\n(ii) is commercially sensitive for another reason.\n(2) The ICRC Act, sections 44 to 48 apply, so far as applicable, in relation\nto the functions of the ACAT under this part as if—\n(a) a reference to the ICRC were a reference to any of the following:\n(i) the ACAT;\n(ii) a person who is or has been an ACAT member;\n(iii) a person who is or has been a member of the staff of the\nACAT;\n(iv) a person who is or has been acting under the direction or\nauthority of the ACAT; and\n(b) any other necessary changes were made.\nACAT member—see the ACT Civil and Administrative Tribunal\nAct 2008, dictionary, definition of tribunal member.\n\n","sortOrder":195},{"sectionNumber":"219","sectionType":"section","heading":"Purposes of pt 13","content":"219 Purposes of pt 13\nThe purposes of this part are—\n(a) to oblige utilities to provide utility services in accordance with\nrelevant Government programs, for example, for community\nservices, the environment or other social issues; and\n(b) to achieve that result by agreement with particular utilities or,\nwhere agreement is not reached, by directions under this part;\nand\n(c) to provide utilities with a reasonable recompense for the\nprovision of services in accordance with such directions.\nNote This part applies to NERL retailers (see s 75).\n","sortOrder":196},{"sectionNumber":"220","sectionType":"section","heading":"Agreement to be sought","content":"220 Agreement to be sought\nA direction must not be given under section 221 unless the\nresponsible Minister is satisfied that, despite all reasonable efforts\nhaving been made, no agreement has been reached with the utility\nabout achieving the intended result or about the liability for the\nassociated costs.\n","sortOrder":197},{"sectionNumber":"221","sectionType":"section","heading":"Direction by Minister","content":"221 Direction by Minister\n(1) The Minister responsible for a Government program may give a\nwritten direction to a utility to take stated action that the Minister\nconsiders appropriate to ensure that the utility’s services are provided\nin accordance with the program.\n\nCommunity service obligations Part 13\n(2) A direction may, for example, require the utility to provide particular\nservices to particular classes of people free of charge, at stated\ncharges or subject to stated discounts or rebates.\n(3) A direction must state the Minister’s estimate of the cost to be\nincurred by the utility in complying with the direction.\n","sortOrder":198},{"sectionNumber":"222","sectionType":"section","heading":"Determination of costs","content":"222 Determination of costs\nThe cost of giving effect to a direction under section 221 is—\n(a) in relation to a utility service of a kind currently provided by the\nutility—the additional cost that would be avoided by the utility\nif it did not give effect to the direction; and\n(b) in relation to a proposed utility service—the cost that would be\nincurred by the utility in providing the service in accordance\nwith the direction.\n","sortOrder":199},{"sectionNumber":"223","sectionType":"section","heading":"Liability for costs","content":"223 Liability for costs\n(1) A direction under section 221 has no effect unless the Treasurer\ncertifies in writing that proper arrangements exist for the Territory to\npay to the utility the amount of the costs—\n(a) stated in the direction; or\n(b) where a dispute about the cost is determined by arbitration\nbecause of section 225—as so determined.\n(2) Where a direction is given to a utility, the amount of the costs fixed\nin accordance with subsection (1) is a debt due to the utility by the\nTerritory.\n","sortOrder":200},{"sectionNumber":"224","sectionType":"section","heading":"Compliance with direction","content":"224 Compliance with direction\nA utility must comply with a direction given to it under section 221.\n\n","sortOrder":201},{"sectionNumber":"225","sectionType":"section","heading":"Arbitration of dispute about cost","content":"225 Arbitration of dispute about cost\n(1) If the responsible Minister and the utility concerned dispute the cost\nof complying with a direction under section 221, either party may\nrefer the dispute to ICRC for arbitration.\n(2) ICRC must arbitrate a dispute so referred.\n(3) The following provisions of the ICRC Act, part 6 apply, so far as\napplicable, to the arbitration:\n(a) section 33 (1), (2) and (5) (appointment and powers of\narbitrator);\n(b) section 34 (draft determinations);\n(c) section 36 (1) (parties to give effect to determination);\n(d) section 37 (termination by parties);\n(e) section 38, but not paragraph (d) (termination by arbitrator);\n(f) section 39 (variation of arbitration);\n(g) section 40 (application of Commercial Arbitration Act 2017).\n\n","sortOrder":202},{"sectionNumber":"226","sectionType":"section","heading":"Definitions for pt 14","content":"226 Definitions for pt 14\ninstallation, of a territory network facility, includes—\n(a) the construction or extension of the facility on, over or under\nany land or water; and\n(b) the attachment of the facility to any building or other structure;\nand\n(c) any activity that is ancillary or incidental to an activity\nmentioned in paragraph (a) or (b).\ninterference, with a territory network or territory network facility,\nincludes an action that—\n(a) interferes with the safe or efficient operation of the network or\nfacility or is likely to have that effect; or\n(b) inhibits or obstructs lawful access to the network or facility or is\nlikely to have that effect.\nstormwater drainage means the collection and carriage of water\nrun-off in or through an urban area.\nstormwater network—see section 227.\nstormwater network boundary—see section 228.\nstormwater network code—see section 228.\nstreetlighting does not include streetlighting only for decorative or\nartistic purposes.\nstreetlight network—see section 229.\n\nstreetlight network code means a streetlight network code approved\nunder section 230.\nstreetlight network framework—see section 229A.\nterritory network means a streetlight network or stormwater network.\nterritory network facility means any part of the infrastructure of a\nterritory network.\nterritory network operations means work carried out by or for the\nTerritory under this part for the provision of a territory service.\nterritory network protection notice means a notice under section 249.\nterritory service means streetlighting or stormwater drainage.\nterritory service authorised person means a territory service\nauthorised person under section 242.\n","sortOrder":203},{"sectionNumber":"227","sectionType":"section","heading":"Stormwater network","content":"227 Stormwater network\n(1) For this Act, a stormwater network is the infrastructure used, or for\nuse, in relation to stormwater drainage.\nExamples of infrastructure\n1 drains, channels, floodways, mains, pipes, pollutant traps and storage facilities\n2 access holes, inlet sumps and surcharge sumps\n3 equipment associated with the infrastructure\n4 a thing ancillary to the infrastructure\n(2) However, a stormwater network does not include infrastructure\noutside the stormwater network boundary and anything else excluded\nunder the stormwater network code.\n","sortOrder":204},{"sectionNumber":"228","sectionType":"section","heading":"Stormwater network code and boundary","content":"228 Stormwater network code and boundary\n(1) The Minister may approve a stormwater network code for this part.\n(2) The stormwater network boundary is to be worked out in accordance\nwith the stormwater network code.\n\n(3) The code is a notifiable instrument.\n","sortOrder":205},{"sectionNumber":"229","sectionType":"section","heading":"Streetlight network","content":"229 Streetlight network\n(1) For this Act, a streetlight network is the infrastructure used, or for\nuse, in relation to—\n(a) the provision of streetlighting; and\n(b) services provided in relation to the provision of streetlighting.\nExamples of infrastructure\n1 electrical power and control cables, and ducts or pipes for cables\n2 switching equipment\n3 lamps, brackets, insulators and fittings\n4 wires and ducts or pipes for wires or equipment\n5 fuses\n6 a structure supporting the infrastructure\n7 equipment associated with the infrastructure\n8 a thing ancillary to the infrastructure\n9 service delivery infrastructure connected to and powered by the streetlight\nnetwork\n(2) However, a streetlight network does not include infrastructure\nexcluded under the streetlight network code.\n","sortOrder":206},{"sectionNumber":"229A","sectionType":"section","heading":"Streetlight network framework","content":"229A Streetlight network framework\n(1) The Minister may approve a framework for the interaction between\nthe streetlight network and the electricity network (the streetlight\nnetwork framework).\n(2) The Minister may only approve a streetlight network framework if\nthe electricity distributor agrees to the framework.\n(3) The streetlight network framework must not limit the operation of any\nother Act or any other legal right.\n(4) An approved streetlight network framework is a notifiable\ninstrument.\n\n","sortOrder":207},{"sectionNumber":"229B","sectionType":"section","heading":"Draft streetlight network code","content":"229B Draft streetlight network code\n(1) The director-general may prepare a draft streetlight network code for\nthis part.\n(2) The draft streetlight network code may set out the following:\n(a) arrangements for the interaction between the Territory and\nanother entity in relation to the streetlight network, including the\nfollowing:\n(i) the Territory’s access to infrastructure owned by the\nTerritory that is installed in a structure not owned by the\nTerritory;\n(ii) an entity’s access to infrastructure owned by the entity that\nis installed in a structure owned by the Territory;\n(iii) resolving disputes in relation to the arrangement;\n(b) arrangements in relation to the appointment of a territory service\nauthorised person for the streetlight network;\nNote The director-general may appoint a person as a territory service\nauthorised person (see s 242 (1) (a)).\n(c) arrangements for protecting the following in relation to the\nstreetlight network:\n(i) the health or safety of people, including people carrying\nout work on the streetlight network;\n(ii) public and private property;\n(iii) the environment;\n(d) arrangements for the implementation of a streetlight network\nframework;\n(e) infrastructure, including a class of infrastructure, to be excluded\nfrom the streetlight network;\n\n(f) any other matter necessary or convenient to give effect to this\npart.\n(3) The draft streetlight network code must not limit the operation of any\nother Act or any other legal right.\n(4) The director-general—\n(a) must give a copy of the draft streetlight network code to—\n(i) the construction occupations registrar; and\n(ii) each regulated utility providing services that are likely to\nbe effected by the operation and maintenance of the\nstreetlight network; and\n(b) may give a copy of the draft streetlight network code to a person\nthe director-general believes has an interest in the streetlight\n(5) A person who is given any copy of the draft streetlight network code\nunder subsection (4) may make a submission to the director-general\nabout the draft streetlight network code within a stated period of not\nless than 20 days.\n(6) The director-general—\n(a) must consider a submission made under this section; and\n(b) may make a recommendation to the Minister about approval of\nthe draft streetlight network code.\n","sortOrder":208},{"sectionNumber":"230","sectionType":"section","heading":"Streetlight network code approval","content":"230 Streetlight network code approval\n(1) The Minister may approve a draft streetlight network code as\nrecommended by the director-general under section 229B (6) if the\nMinister is satisfied on reasonable grounds that—\n(a) section 229B has been complied with; and\n(b) the streetlight network code is consistent with the objects of this\nAct.\n\n(2) An approved streetlight network code is a notifiable instrument.\n","sortOrder":209},{"sectionNumber":"Subdiv 14","sectionType":"subdivision","heading":"2.1 General powers","content":"Subdivision 14.2.1 General powers\n","sortOrder":210},{"sectionNumber":"231","sectionType":"section","heading":"Installation of territory network facilities","content":"231 Installation of territory network facilities\n(1) For the provision of a territory service, the Territory may, at any\ntime—\n(a) enter and occupy land; and\n(b) enter and occupy a structure, other than a structure used for\nresidential purposes, that is not owned by the Territory if—\n(i) the structure is on territory land; and\n(ii) infrastructure relating to the streetlight network is installed\nin the structure; and\n(c) carry out any work on the land that is necessary or desirable for\ninstalling a territory network facility.\n(2) Under subsection (1) (c), the Territory may, for example, carry out\nany of the following work:\n(a) make surveys, take samples and examine the soil;\n(b) construct, install or place any plant, machinery, equipment or\ngoods;\n(c) fell or lop trees, or clear and remove vegetation;\n(d) interrupt the provision of a territory service by the Territory;\n(e) make cuttings and excavations;\n(f) level the land or make roads;\n(g) erect offices, workshops, sheds, other buildings, fences and\nother structures;\n\n(h) demolish, destroy or remove any territory network facility\ninstalled or used by the Territory in relation to the provision of\na territory service;\n(i) put a gate or passageway in a fence or wall (except a wall of a\nbuilding) that prevents or hinders the Territory’s work under this\nsection, or remove the gate or passageway;\n(j) temporarily divert or stop traffic on a public road or bridge;\n(k) restore the land, or fences, walls or other structures on the land,\naffected by the Territory’s work and, for that purpose, remove\nand dispose of soil, vegetation and other material.\n(3) This section does not entitle the Territory to act under subsection (1)\non land for which it is not the land-holder unless—\n(a) it or the Executive has an appropriate interest in the land; or\n(b) the owner of the land agrees to the action.\n(4) If subsection (2) (i) applies, the Territory must ensure, so far as\npracticable, that the work is carried out in a way that minimises\ninconvenience and disruption to the passage of people, vehicles and\nvessels.\n(5) Any work undertaken under this section that affects a protected tree\n\n","sortOrder":211},{"sectionNumber":"232","sectionType":"section","heading":"Maintenance of territory network facilities","content":"232 Maintenance of territory network facilities\n(1) The Territory may, at any time, maintain a territory network facility\nand, for that purpose, do anything necessary or desirable, including,\nfor example—\n(a) entering and occupying land; and\n(b) entering and occupying a structure, other than a structure used\nfor residential purposes, on territory land; and\n(c) carrying out any work mentioned in section 231.\n(2) For subsection (1), the maintenance of a territory network facility\nincludes, for example, the following work:\n(a) the alteration, removal, repair, replacement or cleaning of any\npart of the facility;\n(b) the provisioning of the facility with material or information\n(whether in electronic form or otherwise);\n(c) inspecting or otherwise ensuring the proper functioning of the\nfacility from time to time;\n(d) upgrading the facility to—\n(i) improve the energy efficiency of the network; and\n(ii) install new technology on the network;\n(e) action to which a territory network protection notice relates.\n\n(3) Any work undertaken under this section that affects a protected tree\n(b) for a registered or remnant tree, if the work is undertaken for\nprotecting life or property in urgent circumstances—anything done\nin relation to the tree under this section; or\n(c) for a protected tree in any other case—an activity approved under\nthat Act, s 28 or s 32 (see that Act, s 18 (1) (c)).\n","sortOrder":212},{"sectionNumber":"233","sectionType":"section","heading":"National land","content":"233 National land\nFunctions of the kind exercisable by the Territory under this part are\nexercisable in relation to national land only by agreement with the\nCommonwealth.\nSubdivision 14.2.2 Performance of territory network\n","sortOrder":213},{"sectionNumber":"234","sectionType":"section","heading":"Damage etc to be minimised","content":"234 Damage etc to be minimised\nIn carrying out territory network operations, the Territory must take\nall reasonable steps to ensure that it causes as little inconvenience,\ndetriment and damage as is practicable.\n","sortOrder":214},{"sectionNumber":"235","sectionType":"section","heading":"Notice to land-holder","content":"235 Notice to land-holder\n(1) Before the Territory begins territory network operations in relation to\nnational land or private land, it must give the land-holder written\nnotice of the proposed operations.\n(2) The notice must be given to the land-holder at least 7 days before the\noperations begin.\n\n(iii) the parts of the land likely to be affected;\n(b) contain a statement indicating the Territory’s obligations under\nthis part—\n(i) to take all reasonable steps to ensure that it causes as little\ninconvenience, detriment and damage as is practicable; and\n(ii) to remove its property and waste; and\n(iii) to restore the land.\nperiod of notice under subsection (2).\n(5) Subsection (1) does not apply if the operations are to be carried out\nor\n\n","sortOrder":215},{"sectionNumber":"235A","sectionType":"section","heading":"Notice to owner of structure—territory network","content":"235A Notice to owner of structure—territory network\n(1) This section applies to territory network operations on infrastructure\nowned by the Territory and installed in a structure not owned by the\nTerritory, if the structure is on territory land.\n(2) At least 7 days before beginning territory network operations, the\nTerritory must give the owner of the structure written notice of the\nproposed operations.\n(iii) the structure to be accessed;\n(iv) the period or periods during which the operations are\n(b) state the Territory’s obligations under this part.\nNote The Territory’s obligations include taking all reasonable steps to ensure\nthat it causes as little inconvenience, detriment and damage as is\npracticable (see s 234), removing its property and waste (see s 239) and\nrestoring the land (see s 240).\n(4) The owner of the structure may, in writing, agree to a notice period\nof less than 7 days.\n(5) However, there is no notice period for territory network operations\ncarried out—\n(a) in urgent circumstances in which it is necessary to protect—\n(i) the integrity of a territory network or territory network\nfacility; or\n\n(ii) the health or safety of people; or\n(iii) public or private property; or\n(iv) the environment; or\n(b) in accordance with an access agreement between the Territory\nand the owner of the structure, made under a streetlight network\ncode.\n","sortOrder":216},{"sectionNumber":"236","sectionType":"section","heading":"Notice about lopping trees etc on private land—territory","content":"236 Notice about lopping trees etc on private land—territory\nnetwork operations\n(1) This section applies to territory network operations to the extent that\nthey involve—\n(a) the felling or lopping of trees on private land; or\n(b) the trimming of roots of trees or other plants on private land; or\n(c) the clearing or removal of vegetation on private land.\n(2) Before the Territory begins the operations, it must give the\nland-holder written notice of the proposed operations.\n(a) must be given at least 7 days before the operations begin; and\n(b) must indicate the trees or vegetation affected and the activity\nproposed; and\n(c) may require the land-holder to carry out the activity within a\nstated period; and\n\n(d) if paragraph (c) applies—must contain a statement—\n(i) about the effect of subsection (6); and\n(ii) that the land-holder may need approval under the Urban\nForest Act 2023, part 3 (Protection of trees) to carry out the\nactivity; and\n(e) if the operations relate to other territory network operations for\nwhich notice is required under this subdivision—may be given\nin or with the notice of the other operations.\n(see that Act, s 16 and s 17). However, the offences do not apply to an\nactivity approved under the Urban Forest Act 2023, s 28 or s 32 (see that\nAct, s 18 (1) (c)).\nperiod of notice under subsection (3) (a).\n(5) If subsection (3) (c) applies, the stated period within which the\nland-holder is required to carry out the activity must be at least 7 days\nbeginning on the day the notice is given to the land-holder.\n(6) If the land-holder does not carry out the activity in accordance with a\nrequirement in the notice mentioned in subsection (3) (c)—\n(a) the Territory may carry out the activity; and\n(b) the reasonable expenses incurred by the Territory in carrying out\nthe activity are a debt owing to the Territory by the land-holder.\n(7) Subsection (6) (b) does not apply to a tree or vegetation growing on\nthe land before a territory network facility was installed on the land.\n(8) Subsection (2) does not apply, and the Territory may carry out the\noperations at its own expense, in urgent circumstances in which it is\nnecessary to protect—\n(a) the integrity of a territory network or a territory network facility;\nor\n\n","sortOrder":217},{"sectionNumber":"237","sectionType":"section","heading":"Territory network operations affecting heritage","content":"237 Territory network operations affecting heritage\nsignificance\n(1) If a notice under section 235 or section 236 is about territory network\noperations that may affect a place or object registered, or nominated\nfor provisional registration, under the Heritage Act 2004, the\nTerritory must also give a copy of the notice to the heritage council\nat least 7 days before the day operations begin.\n(2) Subsection (1) does not apply if the operations are to be carried out\nor\n","sortOrder":218},{"sectionNumber":"238","sectionType":"section","heading":"Notice to utilities","content":"238 Notice to utilities\n(1) This section applies to territory network operations that consist of, or\ninclude, an activity that affects or is reasonably likely to affect a\nnetwork facility under the care and management of a utility.\n(2) Before the Territory begins the operations, it must give the utility\nwritten notice of the proposed operations.\n\n(a) be given to the utility at least 7 days before the operations begin;\nand\n(b) so far as practicable, state the following matters:\n(iii) the network facility affected;\nexpected to be carried out.\n(4) The utility may waive its right to notice under subsection (2).\n(5) Subsection (2) does not apply if the operations are to be carried out\nor\n","sortOrder":219},{"sectionNumber":"239","sectionType":"section","heading":"Removal of Territory’s property and waste","content":"239 Removal of Territory’s property and waste\n(1) This section applies if the Territory carries out an activity as territory\nnetwork operations on land for which it is not the land-holder.\n(2) The Territory must, as soon as practicable, remove from the land—\n(a) all of the following that the Territory constructed, installed or\nplaced on the land and that do not form part of, or are not to be\nused in the operation of, the territory network facility to which\nthe activity related:\n(i) items of plant, machinery, equipment and other goods;\n\n(ii) offices, workshops, sheds and other buildings;\n(iii) roads and tracks; and\n(b) all spoil, waste and rubbish and cleared vegetation resulting\nfrom the activity.\n(3) The obligation in subsection (2) is subject to any agreement to the\ncontrary between the Territory and the land-holder.\n","sortOrder":220},{"sectionNumber":"240","sectionType":"section","heading":"Land to be restored","content":"240 Land to be restored\n(1) This section applies if the Territory carries out territory network\noperations on land for which it is not the land-holder.\n(2) The Territory must take all reasonable steps to ensure that the land is\nrestored as soon as practicable to a condition that is similar to its\ncondition before the operations began.\n(3) Subsection (2) does not require the restoration of land to a condition\nthat would involve—\n(a) an interference with—\n(i) a territory network or territory network facility; or\n(ii) a network or network facility; or\n(b) a contravention of a territory law.\n(4) The obligation in subsection (2) is subject to any agreement to the\ncontrary between the Territory and the land-holder.\n","sortOrder":221},{"sectionNumber":"241","sectionType":"section","heading":"Compensation","content":"241 Compensation\n(1) A person may claim reasonable compensation from the Territory if\nthe person suffers loss or expense because of territory network\noperations.\n(2) Compensation may be claimed and ordered in a proceeding for\ncompensation brought in a court of competent jurisdiction.\n\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) Without limiting subsection (3), a court may take into account\nwhether the Territory has satisfied its obligations under section 239\n(Removal of Territory’s property and waste) and section 240 (Land\nto be restored) in considering whether it is just to make an order under\nthis section.\nSubdivision 14.2.3 Authorised people and entry to premises\n","sortOrder":222},{"sectionNumber":"242","sectionType":"section","heading":"Territory service authorised people","content":"242 Territory service authorised people\n(1) Each of the following is a territory service authorised person for this\npart:\n(a) a person appointed by the director-general;\n(b) a person appointed by an entity if—\n(i) the Territory engages the entity to exercise a function under\nthis part; and\n(ii) the director-general is satisfied that the entity has\nappropriate arrangements in place for authorising a person\nas a service authorised person for this part.\n(2) A territory service authorised person must exercise the person’s\nfunctions under this part in accordance with the conditions of\nappointment (if any) and any direction given to the person by the\nappointer.\nappointer, for a territory service authorised person, means—\n(a) the director-general; or\n(b) for a person appointed under subsection (1) (b)—the entity that\nappointed the person.\n\n","sortOrder":223},{"sectionNumber":"243","sectionType":"section","heading":"Identity cards","content":"243 Identity cards\n(1) If the Territory engages a utility to exercise a function under this part,\nthe identity card for each territory service authorised person for the\nutility is the identity card for the person under section 115 (Identity\ncards).\n(2) If the Territory engages an entity (other than a utility or public\nservant) to exercise a function under this part, the entity must give\neach territory service authorised person for the entity an identity card\nstating the person’s name and that the person is a territory service\nauthorised person.\n(3) The director-general must give each territory service authorised\nperson appointed under section 242 (2) an identity card stating the\nperson’s name and that the person is a territory service authorised\n(4) The identity card mentioned in subsection (2) or (3) must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(5) A person commits an offence if—\n(a) the person is a person mentioned in subsection (2) or (3); and\n(b) the person stops being a territory service authorised person; and\n(c) the person does not return the person’s identity card to the\nappointer as soon as practicable, but no later than 7 days after\nthe day the person stops being a territory service authorised\nMaximum penalty: 1 penalty unit.\n(6) An offence against this section is a strict liability offence.\n\nappointer, for a territory service authorised person—see\nsection 242 (3).\n","sortOrder":224},{"sectionNumber":"244","sectionType":"section","heading":"Entry to premises—territory network operations","content":"244 Entry to premises—territory network operations\n(1) If the Territory is authorised under this division to carry out territory\nnetwork operations affecting particular premises, a territory service\nauthorised person in relation to the operations may—\n(a) enter the premises, with the people, vehicles and things that are\nnecessary and reasonable for the operations; and\n(b) carry out the activities necessary for the operations.\n(2) The territory service authorised person may not remain on the\npremises if the person does not produce the person’s identity card\nwhen asked by the land-holder or person apparently in charge of the\n(3) The territory service authorised person may enter and remain on the\npremises under this section with the assistance that is necessary and\nreasonable.\n","sortOrder":225},{"sectionNumber":"245","sectionType":"section","heading":"Entry to premises—inspection of connections etc","content":"245 Entry to premises—inspection of connections etc\n(1) A territory service authorised person in relation to a territory network\nmay enter and remain on any premises—\n(a) to check work associated with the connection of the premises to\nthe network; or\n(b) to check the operation of a connection between the premises and\nthe network, or install, repair, remove or replace the connection;\nor\n(c) for a purpose related to the connection of the premises to the\nnetwork, or its withdrawal.\n\n(2) The territory service authorised person may not remain on the\npremises if the person does not produce the person’s identity card\nwhen asked by the land-holder or person apparently in charge of the\n(3) The territory service authorised person may enter and remain on the\npremises under this section—\n(a) at any reasonable time; and\n(b) with the assistance that is necessary and reasonable.\nSubdivision 14.2.4 Miscellaneous\n","sortOrder":226},{"sectionNumber":"246","sectionType":"section","heading":"Order to enforce exercise of functions","content":"246 Order to enforce exercise of functions\n(1) This section applies if—\n(a) a territory service authorised person is entitled to exercise a\nfunction under this division in relation to premises; and\n(b) someone obstructs, or proposes to obstruct, the authorised\nperson in the exercise of the function.\n(2) The Magistrates Court may, on the application of the territory service\nauthorised person, make an order authorising a police officer or\nanyone else named in the order to use the assistance and force that are\nnecessary and reasonable to enable the function to be exercised.\n(3) A copy of an application under subsection (2) must be given to the\nobstructor, and the obstructor is entitled to appear and be heard on the\nhearing of the application.\n","sortOrder":227},{"sectionNumber":"247","sectionType":"section","heading":"Ownership of territory network facilities","content":"247 Ownership of territory network facilities\nThe owner or occupier of land to which a territory network facility is\nattached has no proprietary interest in the facility only because it is\nattached to the land.\n\nProtection of territory networks Division 14.3\n","sortOrder":228},{"sectionNumber":"248","sectionType":"section","heading":"Interference with territory networks","content":"248 Interference with territory networks\nA person commits an offence if the person—\n(a) does something that interferes with a territory network or a\nterritory network facility; and\n(b) is reckless about whether doing the thing would interfere with\nthe network or facility.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n","sortOrder":229},{"sectionNumber":"249","sectionType":"section","heading":"Territory network protection notices","content":"249 Territory network protection notices\n(1) This section applies if the Territory is satisfied that a structure, tree or\nactivity on, under or over land or water interferes, or is reasonably\nlikely to interfere, with a territory network or territory network\nfacility.\n(2) For a structure or tree, the Territory may give the land-holder written\nnotice to take whatever action is necessary to stop the interference\nwith the network or facility, or to remove the likelihood of that\ninterference.\n(3) For an activity, the Territory may give the relevant person written\nnotice to take whatever action is necessary to stop the interference\nwith the network or facility, or to remove the likelihood of that\ninterference.\n(4) The notice must—\n(a) indicate the structure, tree or activity; and\n(b) require the person given the notice to take stated action to stop\nthe interference, or remove the likelihood of the interference,\nwithin a stated period; and\n\n(c) contain a statement about the effect of subsection (6).\n(5) The stated period must be at least 7 days, starting on the day the notice\nis given.\n(6) If the person given the notice does not comply with the notice—\n(a) the Territory may do whatever is necessary to stop the\ninterference or remove the likelihood of the interference; and\n(b) the reasonable expenses incurred by the Territory to stop the\ninterference or remove the likelihood of the interference are a\ndebt owing to the Territory by the person given the notice.\n(7) Subsection (6) (b) does not apply to a structure or tree that was, or an\nactivity that began, on, under or over the land before the installation\nof the territory network or territory network facility to which the\ninterference relates.\n(8) In urgent circumstances the Territory may, without giving a notice\nunder subsection (2) or subsection (3) and at the Territory’s expense,\ndo whatever is necessary to stop the interference or remove the\nlikelihood of the interference.\n(9) If both of the following happen, the amount of the loss or damage is\na debt owing to the person by the Territory:\n(a) the Territory acts under this section in relation to a structure or\ntree that was, or an activity that began, on, under or over the land\nbefore the installation of the territory network or territory\nnetwork facility to which the interference relates;\n(b) the person suffers loss or damage because of the Territory’s\naction.\n\nProtection of territory networks Division 14.3\n(10) Any work undertaken under this section in relation to a protected tree\n(11) In this section:\nactivity does not include an activity done by or for a utility under this\nAct.\nperson given the notice means—\n(a) for a structure or tree—the land-holder; or\n(b) for an activity—the relevant person.\nrelevant person, in relation to an activity, means—\n(a) the person carrying out the activity; or\n(b) the person on whose behalf the activity is being carried out.\nurgent circumstances means circumstances in which it is necessary\nto protect—\n(a) the integrity of the network or facility; or\n\n","sortOrder":230},{"sectionNumber":"250","sectionType":"section","heading":"Territory network protection action affecting heritage","content":"250 Territory network protection action affecting heritage\nsignificance\n(1) If a notice under section 249 is about action that may affect a place or\nobject registered, or nominated for provisional registration, under the\nHeritage Act 2004, the Territory must also give a copy of the notice\nto the heritage council as soon as practicable.\n(2) If the Territory acts in urgent circumstances as mentioned in\nsection 249 (8), it must give the heritage council written notice of the\naction as soon as practicable.\n\nVicarious liability Part 15\n","sortOrder":231},{"sectionNumber":"251","sectionType":"section","heading":"References in pt 15 to proceeding under this Act","content":"251 References in pt 15 to proceeding under this Act\nA reference in this part to a proceeding under this Act includes a\nreference to—\n(a) an action under this Act; and\n(b) proceeding for an offence against this Act.\nNote A reference to an offence against a territory law includes a reference to a\nrelated ancillary offence, eg attempt (see Legislation Act, s 189).\n","sortOrder":232},{"sectionNumber":"252","sectionType":"section","heading":"Liability of corporations","content":"252 Liability of corporations\n(1) If, in a proceeding under this Act in relation to conduct engaged in by\na corporation, it is necessary to establish the state of mind of the\ncorporation, it is sufficient to show that—\n(a) a director, employee or agent of the corporation engaged in that\nconduct; and\n(b) the director, employee or agent was, in engaging in that conduct,\nacting within the scope of his or her actual or apparent authority;\nand\n(c) the director, employee or agent had that state of mind.\n(2) If—\n(a) conduct is engaged in on behalf of a corporation by a director,\nemployee or agent of the corporation; and\n(b) the conduct is within the scope of his or her actual or apparent\nauthority;\nthe conduct is taken, for the purposes of a proceeding under this Act,\nto have been engaged in by the corporation unless the corporation\nestablishes that it took reasonable precautions and exercised due\ndiligence to avoid the conduct.\n\n(3) A reference in subsection (1) to the state of mind of a person includes\na reference to—\n(a) the knowledge, intention, opinion, belief or purpose of the\nperson; and\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(4) A reference in this section to a director of a corporation includes a\nreference to a constituent member of a body corporate incorporated\nfor a public purpose by a law of the Territory, the Commonwealth, a\nState or another Territory.\n(5) A reference in this section to engaging in conduct includes a reference\nto failing or refusing to engage in conduct.\n","sortOrder":233},{"sectionNumber":"253","sectionType":"section","heading":"Liability of people other than corporations","content":"253 Liability of people other than corporations\n(1) This section does not apply to a proceeding for an offence against\nsection 21 (Requirement for licence).\n(2) If, in a proceeding under this Act in relation to conduct engaged in by\na person other than a corporation, it is necessary to establish the state\nof mind of the person, it is sufficient to show that—\n(a) the conduct was engaged in by an employee or agent of the\nperson within the scope of his or her actual or apparent authority;\nand\n(b) the employee or agent had that state of mind.\n\nVicarious liability Part 15\n(3) If—\n(a) conduct is engaged in on behalf of a person other than a\ncorporation by an employee or agent of the person; and\n(b) the conduct is within the employee’s or agent’s actual or\napparent authority;\nthe conduct is taken, for the purposes of a proceeding under this Act,\nto have been engaged in by the person unless the person establishes\nthat he or she took reasonable precautions and exercised due diligence\nto avoid the conduct.\n(4) Despite any other provision of this Act, if—\n(a) a person is convicted of an offence; and\n(b) the person would not have been convicted of the offence if\nsubsections (2) and (3) had not been in force;\nthe person is not liable to be punished by imprisonment for that\noffence.\n(5) A reference in this section to the state of mind of a person includes a\nreference to—\n(a) the knowledge, intention, opinion, belief or purpose of the\nperson; and\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(6) A reference in this section to engaging in conduct includes a\nreference to failing or refusing to engage in conduct.\n\n","sortOrder":234},{"sectionNumber":"254","sectionType":"section","heading":"Determination of fees","content":"254 Determination of fees\n(1) This section does not apply to an annual licence fee.\n(2) The ICRC may determine fees for this Act (other than part 12\n(Complaints to ACAT about utilities) and part 14 (Streetlighting and\nstormwater)).\n(3) The Minister may determine fees for part 14.\n(4) A determination is a disallowable instrument.\n","sortOrder":235},{"sectionNumber":"255","sectionType":"section","heading":"Approved forms—ICRC","content":"255 Approved forms—ICRC\n(1) ICRC may approve forms in relation to its functions under this Act.\n(2) If ICRC approves a form for a particular purpose, the approved form\nmust be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":236},{"sectionNumber":"256","sectionType":"section","heading":"Approved forms—Minister","content":"256 Approved forms—Minister\n(1) The Minister may approve forms for this Act except in relation to\nICRC’s functions under this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":237},{"sectionNumber":"257","sectionType":"section","heading":"Evidentiary certificate—Government programs","content":"257 Evidentiary certificate—Government programs\nFor this Act or a related law, a certificate signed by the Minister\nstating whether a matter is, or is part of, a Government program is\nevidence of the matter so stated.\n\nMiscellaneous Part 16\n","sortOrder":238},{"sectionNumber":"258","sectionType":"section","heading":"Evidence of authorisation by utility","content":"258 Evidence of authorisation by utility\nFor this Act or a related law, a certificate that appears to be signed by\nor on behalf of a utility and contains a statement to the effect that—\n(a) a stated thing was done by a stated person in accordance with an\nauthorisation by the utility; or\n(b) an authorisation by the utility was subject to a stated condition\nat a stated time or date;\nis evidence of the matters stated.\n","sortOrder":239},{"sectionNumber":"259","sectionType":"section","heading":"Former water and sewerage rates schemes—extended","content":"259 Former water and sewerage rates schemes—extended\noperation\n(1) Despite the repeal of the Water Rates Act 1959, the following\nprovisions have effect:\n(a) the provisions of that Act immediately before the repeal\ncontinue to apply in relation to—\n(i) an amount payable under that Act immediately before the\nrepeal; or\n(ii) an amount payable because of the operation of\nparagraph (b);\n(b) until a standard customer contract takes effect in relation to the\nprovision of a utility service for water, the conditions applying\nto the provision of the service (including conditions concerning\namounts payable) are the conditions that would have applied but\nfor the repeal of that Act.\n\n(2) Despite the repeal of the Sewerage Rates Act 1968, the following\nprovisions have effect:\n(a) the provisions of that Act immediately before the repeal\ncontinue to apply in relation to—\n(i) an amount payable under that Act immediately before the\nrepeal; or\n(ii) an amount payable because of the operation of\nparagraph (b);\n(b) until a standard customer contract takes effect in relation to the\nprovision of sewerage services, the conditions applying to the\nprovision of the service (including conditions concerning\namounts payable) are the conditions that would have applied but\nfor the repeal of that Act.\n","sortOrder":240},{"sectionNumber":"260","sectionType":"section","heading":"Compensation—safety net","content":"260 Compensation—safety net\n(1) If—\n(a) apart from this section, division 9.2 (Compensation) and\nsection 241 (Compensation), the operation of any provision of\nthis Act would result in the acquisition of property from a person\notherwise than on just terms; and\n(b) the acquisition would be unlawful because of the\nSelf-Government Act, section 23 (1);\nthe person acquiring the property (the acquirer) is liable to pay\nreasonable compensation to the other person in relation to the\nacquisition.\n(2) If the acquirer and the other person do not agree on the amount of\ncompensation, the other person may, in a court of competent\njurisdiction, recover from the acquirer such reasonable compensation\nas the court determines.\n\nMiscellaneous Part 16\n","sortOrder":241},{"sectionNumber":"260A","sectionType":"section","heading":"Reminder notices and disconnection warning notices—","content":"260A Reminder notices and disconnection warning notices—\nACAT direction\n(1) The ACAT may give a written direction to a NERL retailer or NERL\ndistributor to include stated particulars in the retailer’s reminder\nnotice or disconnection warning notice or the distributor’s\ndisconnection warning notice.\ndisconnection warning notice—see the national energy retail rules,\nrule 110 (1) (Nature of disconnection warning notices).\nNote The national energy retail rules, r 110 (Disconnection warning notices—\nretailers and distributors) sets out the particulars to be included in\ndisconnection warning notices.\nNERL distributor means a distributor under the National Energy\nRetail Law (ACT).\nreminder notice—see the national energy retail rules, rule 109 (1)\n(Nature of reminder notices).\nNote The national energy retail rules, r 109 (Reminder notices—retailers) sets\nout the particulars to be included in reminder notices.\n","sortOrder":242},{"sectionNumber":"261","sectionType":"section","heading":"Regulation-making power","content":"261 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the safe or efficient\nprovision of—\n(a) utility services, including provision prohibiting or regulating\nactivities—\n(i) to ensure the safe or efficient operation of a utility network\nor network facility; and\n(ii) to protect people or property in relation to the operation of\na utility network or network facility; and\n\n(b) territory services, including provision prohibiting or regulating\nactivities—\n(i) to ensure the safe or efficient operation of a territory\nnetwork or territory network facility; and\n(ii) to protect people or property in relation to the operation of\na territory network or territory network facility.\n(3) The regulations may also prescribe offences for contraventions of the\nregulations and prescribe maximum penalties of not more than\n10 penalty units for offences against the regulations.\n\nTransitional—COAG Legislation Amendment Act 2025 Part 21\n","sortOrder":243},{"sectionNumber":"Part 21","sectionType":"part","heading":"Transitional—COAG Legislation","content":"Part 21 Transitional—COAG Legislation\nAmendment Act 2025\n","sortOrder":244},{"sectionNumber":"413","sectionType":"section","heading":"References to COAG EC","content":"413 References to COAG EC\n(1) A reference to COAG EC in the Act before the commencement day\nis taken, from 23 October 2020, to be a reference to the Ministerial\nCouncil.\nNote On 23 October 2020, National Cabinet agreed to the review of the\nMinisterial councils and forums.\nCOAG EC—see the pre-amendment Act, section 54E (7).\ncommencement day means the day the COAG Legislation\nAmendment Act 2025, section 3 commences.\nMinisterial Council—see section 54E (7).\npre-amendment Act means the Utilities Act 2000, as in force\nimmediately before the commencement day.\n","sortOrder":245},{"sectionNumber":"414","sectionType":"section","heading":"Transitional regulations","content":"414 Transitional regulations\n(1) A regulation may prescribe transitional matters necessary or\nconvenient to be prescribed because of the enactment of the\nCOAG Legislation Amendment Act 2025.\n(2) A regulation may modify this part (including in relation to another\nterritory law) to make provision in relation to anything that, in the\nExecutive’s opinion, is not, or is not adequately or appropriately,\ndealt with in this part.\n(3) A regulation under subsection (2) has effect despite anything\nelsewhere in this Act or another territory law.\n\nPart 21 Transitional—COAG Legislation Amendment Act 2025\n","sortOrder":246},{"sectionNumber":"415","sectionType":"section","heading":"Expiry—pt 21","content":"415 Expiry—pt 21\nThis part expires 2 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nReviewable decisions Schedule 1\n","sortOrder":247},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see div 3.3A)\nitem\nsection\ndecision\ncolumn 4\nentity\n1 37 refuse to grant\nlicence\napplicant for licence\n2 37 grant licence\nsubject to\ncondition\napplicant for licence\n3 38 refuse to vary\nlicence\n4 38 vary licence on\nICRC’s own\ninitiative\n5 40 refuse to agree to\ntransfer of licence\n6 42 revoke a licence person whose licence revoked\n\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• Australian citizen\n• Australian Consumer Law (ACT)\n• commissioner for revenue\n• construction occupations registrar\n• corporation\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• exercise\n• function\n• magistrate\n• Magistrates Court\n• Minister (see s 162)\n• national land\n• notifiable instrument (see s 10)\n• public servant\n• reviewable decision notice\n• State\n• territory land\n• territory law\n• the Territory.\nadministrator, for part 3A (Energy industry levy)—see section 54N.\nannual licence fee, for a licence, means the fee determined under\nsection 45 (Determination of fee) for the licence for the relevant\nfinancial year.\napproved meter, for division 6.4 (Passing on supply costs)—see\nsection 97.\n\nauthorised person means a person appointed as an authorised person\nunder section 114.\nbase amount, for part 3A (Energy industry levy)—see\nsection 54G (3).\ncapital contribution charge—see section 101 (Capital contribution\ncharges—network development).\ncomplainant, for part 12 (Complaints to ACAT about utilities)—see\nsection 172.\ncomplaint, for part 12 (Complaints to ACAT about utilities)—see\nsection 172.\nconnected with an offence, for part 10 (Enforcement)—see\nsection 150.\nconsumer, in relation to a utility service, means—\n(a) a customer for the service; or\n(b) an occupier of a customer’s premises to which the service is\nprovided;\nand includes an invitee of the customer or occupier.\ncontroller—see section 135 (Appointment of controller).\ncustomer—see section 17 (Customers).\ncustomer contract means—\n(a) a standard customer contract; or\n(b) a negotiated customer contract; or\n(c) a customer connection contract under the National Energy\nRetail Law (ACT).\ncustomer debt, for part 12 (Complaints to ACAT about utilities)—\nsee section 169.\n\ndata storage device means any article or material (for example, a\ndisk) from which information is capable of being reproduced, with or\nwithout the aid of any other article or device.\ndetermined, for part 3A (Energy industry levy)—see section 54A.\nelectricity connection service means a connection service within the\nmeaning of the national electricity rules, chapter 5A (Electricity\nconnection for retail customers).\nelectricity distribution network—see section 7 (2).\nelectricity distributor—\n(a) means a utility licensed for the distribution of electricity through\nan electricity network; and\n(b) in relation to an electricity connection service for premises—\nmeans a utility licensed to provide the service for the premises.\nelectricity network—see section 7.\nelectricity transmission network—see section 7 (1).\nenergy industry sector, for part 3A (Energy industry levy)—see\nsection 54D (1).\nenergy utility, for part 3A (Energy industry levy)—see\nsection 54D (2).\nenergy utility service, for part 3A (Energy industry levy)—see\nsection 54D (3).\nessential service, for part 9A (Shortage of essential services)––see\nsection 149A.\nessential service restriction, for part 9A (Shortage of essential\nservices)––see section 149A.\nfranchise customer—see section 17 (Customers).\ngas—see section 8.\n\ngas connection service means a connection service within the\nmeaning of the national gas rules, part 12A (Gas connection for retail\ncustomers).\ngas distribution network—see section 10 (2).\ngas distributor—\n(a) means a utility licensed for the distribution of gas through a gas\nnetwork; and\n(b) in relation to a gas connection service for premises—means a\nutility licensed to provide the service for the premises.\ngas network—see section 10 (Gas networks).\ngas transmission network—see section 10 (1).\nICRC means the Independent Competition and Regulatory\nCommission.\nICRC Act means the Independent Competition and Regulatory\nCommission Act 1997.\nICRC inspector means a person appointed as an ICRC inspector\nunder section 152.\nindustry code, for a utility service, means an industry code approved\nor determined under part 4 (Industry codes) that applies to the service.\ninstallation—\n(a) of a network facility, for part 7 (Network operations)—see\nsection 103; and\n(b) of a territory network facility, for part 14 (Streetlighting and\n\ninterference, with a territory network or territory network facility, for\npart 14 (Streetlighting and stormwater)—see section 226.\nland-holder—\n(a) in relation to private land, means—\n(i) an owner of the land; or\n(ii) if the land is occupied by a person other than the owner—\nan occupier of the land; and\n(b) in relation to unleased territory land—means the Territory; and\n(c) in relation to national land—means the Commonwealth, and\nincludes a lessee of the land.\nland sublease—see the Planning Act 2023, dictionary.\nlevy, for part 3A (Energy industry levy)—see section 54A.\nlevy year, for part 3A (Energy industry levy)—see section 54C (1).\nlicence means a licence under this Act.\nlocal regulatory cost, for part 3A (Energy industry levy)—see\nsection 54F (1).\nNational Electricity (ACT) Law means the provisions applying in the\nACT because of the Electricity (National Scheme) Act 1997, section 5\n(Application in ACT of National Electricity Law).\nNote The Electricity (National Scheme) Act 1997, s 5 applies the National\nElectricity Law set out in the National Electricity (South Australia)\nAct 1996 (SA), schedule as if it were an ACT law called the National\nElectricity (ACT) Law.\nnational electricity rules means the National Electricity Rules under\nthe National Electricity (ACT) Law.\n\nNational Energy Retail Law (ACT) means the provisions applying\nin the ACT because of the National Energy Retail Law (ACT)\nAct 2012, section 6 (Application of National Energy Retail Law).\nNote The National Energy Retail Law (ACT) Act 2012, s 6 and s 7 apply the\nNational Energy Retail Law set out in the National Energy Retail Law\n(South Australia) Act 2011 (SA), schedule as if it were an ACT law called\nthe National Energy Retail Law (ACT).\nnational energy retail rules means the National Energy Retail Rules\nunder the National Energy Retail Law (ACT).\nNational Gas (ACT) Law means the provisions applying because of\nthe National Gas (ACT) Act 2008, section 8 (Application in the ACT\nof National Gas Law).\nNote The National Gas (ACT) Act 2008, s 8 applies the National Gas Law set\nout in the National Gas (South Australia) Act 2008 (SA), schedule as if\nit were an ACT law called the National Gas (ACT) Law.\nNational Gas (ACT) Regulation means the provisions applying\nbecause of the National Gas (ACT) Act 2008, section 9 (Application\nin the ACT of regulations under National Gas Law).\nNote The National Gas (ACT) Act 2008, s 9 applies the regulations under\nthe National Gas (South Australia) Act 2008 (SA), pt 3 as an ACT law\ncalled the National Gas (ACT) Regulation.\nnational gas rules means the National Gas Rules under the National\nGas (ACT) Law.\nnational regulatory cost, for part 3A (Energy industry levy)—see\nsection 54E (2).\nnational regulatory obligations, for part 3A (Energy industry levy)—\nsee section 54E (1).\nnegotiated customer contract means a contract to which section 95\n(Negotiated customer contracts) applies.\nNERL exempt seller—see section 75A.\nNERL retailer—see section 75.\n\nnet regulatory cost, for part 3A (Energy industry levy)—see\nsection 54G (2).\nnetwork means any of the following:\n(a) an electricity network;\n(b) a gas network;\n(c) a sewerage network;\n(d) a water network;\n(e) a network prescribed for a prescribed utility service under\nsection 15 (Prescribed utility services).\nnetwork boundary means a boundary worked out under the Utilities\n(Technical Regulation) Act 2014, section 53 (Network boundary).\nnetwork facility means any part of the infrastructure of a network.\nnetwork operations, for part 7 (Network operations)—see\nsection 103.\nnetwork protection notice means a notice under the Utilities\n(Technical Regulation) Act 2014, section 32.\nnon-franchise customer—see section 17 (Customers).\noccupier, of premises—\n(a) for this Act—means a person who has, or is entitled to, lawful\npossession or control of the premises (whether alone or together\nwith 1 or more other people); or\n(b) for part 10 (Enforcement)—see section 150.\noffence, for part 10 (Enforcement)—see section 150.\nowner, of land or premises, means—\n(a) a person who owns the land or premises; or\n(b) a lessee of the land or premises under a lease granted by or for\nthe Commonwealth; or\n\n(c) for a unit under the Unit Titles Act 2001—the unit owner; or\n(d) for land held under a land sublease—the sublessee;\nwhether alone or together with 1 or more other people.\npersonal information—see the Privacy Act 1988 (Cwlth), section 6\n(Interpretation), but does not include information available to a\nsection of the public.\npremises includes land and place.\nprivate land means land other than public land.\nproceeding under this Act, for part 15 (Vicarious liability)—see\nsection 251.\nprotected tree—see the Urban Forest Act 2023, section 9.\npublic land means national land or unleased territory land.\nregistrar, for part 12 (Complaints to ACAT about utilities)—see\nsection 169.\nregulated utility––see the Utilities (Technical Regulation) Act 2014,\nsection 8.\nregulatory cost, for part 3A (Energy industry levy)—see\nsection 54G (1).\nrelated law means the ICRC Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nrespondent, for an application in relation to a complaint, for part 12\n(Complaints to ACAT about utilities)—see section 169.\nresponsible utility, for a network or network facility, means a utility\nlicensed to provide utility services using the network or network\nfacility.\nreviewable decision, for division 3.3A (Notification and review of\nICRC decisions)—see section 43.\n\nsatisfied means satisfied on reasonable grounds.\nsewerage connection service—see section 85.\nsewerage network—see section 14.\nsewerage service means the conveyance, collection, treatment and\ndisposal of sewage by a person from the premises of another person.\nsewerage utility, in relation to the provision of a sewerage connection\nservice or sewerage service for premises, means a utility licensed to\nprovide the relevant service for the premises.\nstandard customer contract—see section 92 (Creation of standard\ncustomer contracts).\nstormwater drainage, for part 14 (Streetlighting and stormwater)—\nsee section 226.\nstormwater network—see section 227.\nstormwater network boundary, for part 14 (Streetlighting and\nstormwater)—see section 228.\nstormwater network code, for part 14 (Streetlighting and\nstormwater)—see section 228.\nstreetlighting, for part 14 (Streetlighting and stormwater)—see\nsection 226.\nstreetlight network—see section 229.\nstreetlight network code, for part 14 (Streetlighting and\nstreetlight network framework, for part 14 (Streetlighting and\nstormwater)—see section 229A.\ntechnical code means a technical code approved under the Utilities\n(Technical Regulation) Act 2014, section 14.\ntechnical inspector means a person appointed as a technical inspector\nunder the Utilities (Technical Regulation) Act 2014, section 81.\n\ntechnical regulator means the technical regulator under the Utilities\n(Technical Regulation) Act 2014, section 77.\nterritory network—see section 226.\nterritory network facility—see section 226.\nterritory network operations, for part 14 (Streetlighting and\nterritory network protection notice, for part 14 (Streetlighting and\nterritory service—see section 226.\nterritory service authorised person, for part 14 (Streetlighting and\n(a) for this Act generally—means a person licensed to provide a\nutility service; or\n(b) for part 9 (Controller’s power to take over operations)—see\nsection 134; or\n(c) in relation to an act or omission, for part 12 (Complaints to\nACAT about utilities)—see section 169.\nutility service—\n(a) for this Act generally—\n(i) in relation to electricity—see section 6 (Electricity\nservices); and\n(ii) in relation to gas—see section 9 (Gas services); and\n(iii) in relation to water—see section 11 (Water services); and\n\n(iv) in relation to sewerage—see section 13 (Sewerage\nservices); and\n(v) includes a service prescribed to be a utility service under\nsection 15 (Prescribed utility services); and\n(b) for division 6.2 (Standard customer contracts)—see\nsection 86A.\nwater connection service—see section 83 (Water connection\nservice).\nwater network—see section 12 (Water network).\nwater supplier, in relation to the supply of water to premises, means\na utility licensed to supply water to the premises.\nwithdrawal, of a utility service, for part 12 (Complaints to ACAT\nabout utilities)—see section 169.\nyear, for part 3A (Energy industry levy)—see section 54A.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":248},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nUtilities Act 2000 A2000-65\nnotified 20 December 2000 (Gaz 2000 No S68)\ns 1, s 2 commenced 20 December 2000 (IA s 10B)\npt 11, pt 12 commenced 1 March 2001 (Gaz 2000 No S69)\ndiv 16.3 commenced 20 June 2001 (s 2 (2) (a))\ns 249 commenced 20 June 2001 (s 2 (2) (a) but see Gaz 2000\nNo S69)\ns 250 commenced 1 June 2001 (Gaz 2000 No S69)\nremainder commenced 1 January 2001 (Gaz 2000 No S69)\nas amended by\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 405\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 405 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2001 (No 2) A2001-56 pt 3.52\nnotified 5 September 2001 (Gaz 2001 No S65)\ncommenced 5 September 2001 (s 2 (1))\nLegislation Amendment Act 2002 A2002-11 pt 2.49\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.49 commenced 28 May 2002 (s 2 (1))\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 3.29\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 3.29 commenced 17 January 2003 (s 2 (1))\nCriminal Code 2002 A2002-51 pt 1.25\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\npt 1.25 commenced 1 January 2003 (s 2 (1))\n\nStatute Law Amendment Act 2003 A2003-41 sch 3 pt 3.20\nnotified LR 11 September 2003\ns 1, s 2 commenced 11 September 2003 (LA s 75 (1))\nsch 3 pt 3.20 commenced 9 October 2003 (s 2 (1))\nAnnual Reports Legislation Amendment Act 2004 A2004-9 sch 1\npt 1.35\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nsch 1 pt 1.35 commenced 13 April 2004 (s 2 and see Annual Reports\n(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.94\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.94 commenced 9 April 2004 (s 2 (1))\nStatute Law Amendment Act 2004 A2004-42 sch 3 pt 3.19\nnotified LR 11 August 2004\ns 1, s 2 commenced 11 August 2004 (LA s 75 (1))\nsch 3 pt 3.19 commenced 25 August 2004 (s 2 (1))\nHeritage Act 2004 A2004-57 sch 1 pt 1.11\nnotified LR 9 September 2004\ns 1, s 2 commenced 9 September 2004 (LA s 75 (1))\nsch 1 pt 1.11 commenced 9 March 2005 (s 2 and LA s 79)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.72\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.72 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nUtilities Amendment Act 2004 A2004-63\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nremainder commenced 3 September 2004 (s 2)\n\nUtilities Amendment Act 2005 A2005-14\nnotified LR 24 March 2005\ns 1, s 2 commenced 24 March 2005 (LA s 75 (1))\nremainder commenced 24 September 2005 (s 2 and LA s 79)\nUtilities (Shortage of Essential Services) Amendment Act 2005\nA2005-31\nnotified LR 29 June 2005\ns 1, s 2 commenced 29 June 2005 (LA s 75 (1))\nremainder commenced 30 June 2005 (s 2)\nTree Protection Act 2005 A2005-51 sch 1 pt 1.5\nnotified LR 29 September 2005\ns 1, s 2 commenced 29 September 2005 (LA s 75 (1))\nsch 1 pt 1.5 commenced 29 March 2006 (s 2 and LA s 79)\nStatute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.20\nnotified LR 21 December 2005\ns 1, s 2 commenced 21 December 2005 (LA s 75 (1))\nsch 3 pt 3.20 commenced 11 January 2006 (s 2 (1))\nUtilities (Energy Industry Levy) Amendment Act 2007 A2007-13\nnotified LR 13 June 2007\ns 1, s 2 commenced 13 June 2007 (LA s 75 (1))\nremainder commenced 9 July 2007 (s 2 and CN2007-7)\nWater Resources Act 2007 A2007-19 s 211\nnotified LR 20 June 2007\ns 1, s 2 commenced 20 June 2007 (LA s 75 (1))\ns 211 commenced 1 August 2007 (s 2 and CN2007-8)\nJustice and Community Safety Legislation Amendment Act 2007\nA2007-22 sch 1 pt 1.14\nnotified LR 5 September 2007\ns 1, s 2 commenced 5 September 2007 (LA s 75 (1))\nsch 1 pt 1.14 commenced 6 September 2007 (s 2)\n\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.34\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.34 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nNational Gas (ACT) Act 2008 A2008-15 sch 2 pt 2.4\nnotified LR 30 June 2008\ns 1, s 2 commenced 30 June 2008 (LA s 75 (1))\nsch 2 pt 2.4 commenced 1 July 2008 (s 2 (1) and see National Gas\n(South Australia) Act 2008 (SA), s 7)\nJustice and Community Safety Legislation Amendment Act 2008\n(No 2) A2008-22 sch 1 pt 1.10\nnotified LR 8 July 2008\ns 1, s 2 commenced 8 July 2008 (LA s 75 (1))\nsch 1 pt 1.10 commenced 29 July 2008 (s 2)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.58\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.58 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.103\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.103 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.74\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.74 commenced 22 September 2009 (s 2)\nWork Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.12\nnotified LR 9 September 2009\ns 1, s 2 commenced 9 September 2009 (LA s 75 (1))\nsch 2 pt 2.12 commenced 1 October 2009 (s 2 and see Work Safety\nAct 2008 A2008-51 s 2 (1) (b) and CN2009-11)\n\nas modified by\nACT Civil and Administrative Tribunal (Transitional Provisions)\nRegulation 2009 SL2009-2 s 67 (as am by SL2009-51 s 6, s 9,\nA2009-54 amdt 1.3)\nnotified LR 29 January 2009\ns 1, s 2 commenced 29 January 2009 (LA s 75 (1))\ns 67 commenced 2 February 2009 (s 2 and see ACT Civil and\nAdministrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nACT Civil and Administrative Tribunal (Transitional Provisions)\nAmendment Regulation 2009 (No 1) SL2009-51 s 6, s 9\nnotified LR 30 October 2009\ns 1, s 2 commenced 30 October 2009 (LA s 75 (1))\ns 6, s 9 commenced 31 October 2009 (s 2)\nNote This regulation only amends the ACT Civil and Administrative\nTribunal (Transitional Provisions) Regulation 2009 SL2009-2.\nas amended by\nJustice and Community Safety Legislation Amendment Act 2009\n(No 4) A2009-54sch 1 pt 1.2, sch 1 pt 1.6\nnotified LR 18 December 2009\ns 1, s 2 commenced 18 December 2009 (LA s 75 (1))\nsch 1 pt 1.2, sch 1 pt 1.6 commenced 22 December 2009 (s 2 (2) (a)\nand see Justice and Community Safety Legislation Amendment Act\n2009 (No 3) A2009-44 s 2 (3))\nNote This Act also amends the ACT Civil and Administrative Tribunal\n(Transitional Provisions) Regulation 2009 SL2009-2.\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.27\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.27 commenced 1 January 2011 (s 2 (1))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.163\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.163 commenced 1 July 2011 (s 2 (1))\n\nWork Health and Safety (Consequential Amendments) Act 2011\nA2011-55 sch 1 pt 1.11\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\nsch 1 pt 1.11 commenced 1 January 2012 (s 2 and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.52\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.52 commenced 5 June 2012 (s 2 (1))\nNational Energy Retail Law (Consequential Amendments) Act 2012\nA2012-32 pt 14\nnotified LR 14 June 2012\ns 1, s 2 commenced 14 June 2012 (LA s 75 (1))\ns 104 commenced 1 July 2014 (s 2 (2))\ns 81, s 105 commenced 1 July 2015 (s 2 (3))\npt 14 remainder commenced 1 July 2012 (s 2 (1) and see National\nEnergy Retail Law (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)\nPlanning, Building and Environment Legislation Amendment\nAct 2013 (No 2) A2013-40 pt 8\nnotified LR 6 November 2013\ns 1, s 2 commenced 6 November 2013 (LA s 75 (1))\npt 8 commenced 27 January 2014 (s 2 and CN2014-1)\nPlanning, Building and Environment Legislation Amendment\nAct 2014 A2014-23 pt 7\nnotified LR 26 May 2014\ns 1, s 2 commenced 26 May 2014 (LA s 75 (1))\npt 7 commenced 27 May 2014 (s 2)\nStatute Law Amendment Act 2014 (No 2) A2014-44 sch 3 pt 3.12\nnotified LR 5 November 2014\ns 1, s 2 commenced 5 November 2014 (LA s 75 (1))\nsch 3 pt 3.12 commenced 19 November 2014 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.24\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.24 commenced 17 November 2014 (s 2)\nUtilities (Technical Regulation) Act 2014 A2014-60 sch 2 pt 2.4\nnotified LR 8 December 2014\ns 1, s 2 commenced 8 December 2014 (LA s 75 (1))\nsch 2 pt 2.4 commenced 1 March 2015 (s 2 and CN2015-1)\nJustice and Community Safety Legislation Amendment Act 2015\nA2015-11 sch 1 pt 1.9\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\nsch 1 pt 1.9 commenced 21 May 2015 (s 2 (1))\nPlanning, Building and Environment Legislation Amendment Act\n","sortOrder":249},{"sectionNumber":"2015","sectionType":"section","heading":"A2015-12 pt 8","content":"2015 A2015-12 pt 8\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\npt 8 commenced 21 May 2015 (s 2)\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 22\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 22 commenced 1 July 2015 (s 2 and CN2015-9)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.68\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.68 commenced 14 October 2015 (s 2)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.34\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.34 commenced 9 December 2015 (s 2)\n\nPlanning, Building and Environment Legislation Amendment Act\n2016 (No 2) A2016-24 pt 11\nnotified LR 11 May 2016\ns 1, s 2 commenced 11 May 2016 (LA s 75 (1))\npt 11 commenced 12 May 2016 (s 2 (1))\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.28 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.28 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)\nCommercial Arbitration Act 2017 A2017-7 sch 1 pt 1.8\nnotified LR 4 April 2017\ns 1A, s 1B commenced 4 April 2017 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 July 2017 (s 1B and CN2017-1)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nRed Tape Reduction Legislation Amendment Act 2017 A2017-17 pt 10\nnotified LR 14 June 2017\ns 1, s 2 commenced 14 June 2017 (LA s 75 (1))\npt 10 commenced 1 July 2017 (s 2 (1))\nUtilities (Streetlight Network) Legislation Amendment Act 2017\nA2017-19 pt 4\nnotified LR 15 June 2017\ns 1, s 2 commenced 15 June 2017 (LA s 75 (1))\npt 4 commenced 16 June 2017 (s 2)\nStatute Law Amendment Act 2017 (No 2) A2017-28 sch 3 pt 3.16\nnotified LR 27 September 2017\ns 1, s 2 commenced 27 September 2017 (LA s 75 (1))\nsch 3 pt 3.16 commenced 11 October 2017 (s 2)\n\nUtilities Legislation Amendment Act 2017 A2017-33 pt 2\nnotified LR 7 November 2017\ns 1, s 2 commenced 7 November 2017 (LA s 75 (1))\ns 4 commenced 8 November 2017 (s 2 (1))\npt 2 remainder commenced 1 December 2017 (s 2 (2))\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 18\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 18 commenced 26 April 2018 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.37\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.37 commenced 23 October 2018 (s 2 (4))\nUtilities Amendment Act 2021 A2021-9\nnotified LR 19 May 2021\ns 1, s 2 commenced 19 May 2021 (LA s 75 (1))\nremainder commenced 20 May 2021 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.60\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.60 commenced 23 June 2021 (s 2 (1))\nWater Resources Amendment Act 2023 A2023-26 sch 1 pt 1.2\nnotified LR 7 July 2023\ns 1, s 2 commenced 7 July 2023 (LA s 75 (1))\nsch 1 pt 1.2 commenced 8 July 2023 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.67\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.67 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\n\nUrban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1\npt 1.12\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nsch 1 pt 1.12 commenced 1 January 2024 (s 2 and see Urban Forest\nAct 2023 A2023-14, s 2)\nIndependent Competition and Regulatory Commission Amendment\nAct 2024 A2024-25 sch 1\nnotified LR 19 June 2024\ns 1, s 2 commenced 19 June 2024 (LA s 75 (1))\nsch 1 commenced 19 December 2024 (s 2)\nCOAG Legislation Amendment Act 2025 A2025-1 pt 5\nnotified LR 20 February 2025\ns 1, s 2 commenced 20 February 2025 (LA s 75 (1))\npt 5 commenced 27 February 2025 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.98, sch 4\npt 4.185\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.98, sch 4 pt 4.185 commenced 26 November 2025 (s 2 (3),\n(9))\n\nCommencement\ns 2 om R2 LA\nICRC’s objects\ns 3 am A2008-37 amdt 1.511; A2011-22 amdt 1.454; A2014-60\namdt 2.7\nOffences against Act—application of Criminal Code etc\ns 5A ins A2007-13 s 4\nam A2012-32 s 69; A2014-44 amdt 3.65; A2021-9 s 4\nElectricity services\ns 6 am A2012-32 s 70; A2014-60 amdt 2.8\nElectricity networks\ns 7 hdg am A2016-24 s 56\ns 7 am A2016-24 s 57, s 58; ss renum R51 LA\nGas—terminology\ns 8 sub A2008-15 amdt 2.12\nGas services\ns 9 am A2012-32 s 71\nGas networks\ns 10 sub A2008-15 amdt 2.13\nExempt classes of utility services\ns 15A ins A2017-33 s 4\nNetwork boundary\ns 16 om A2014-60 amdt 2.9\nCustomers\ns 17 am A2001-56 amdt 3.861, amdt 3.862; A2012-32 s 72, s 73\nDeclaration of non-franchise customers\ns 18 sub A2001-44 amdt 1.4171; A2012-21 amdt 3.206; A2012-32\ns 74\nMinisterial directions\ns 19 am A2001-44 amdt 1.4172; A2012-21 amdt 3.207; A2025-29\n\nOther laws not affected\ns 20 am A2001-44 amdt 1.4173, amdt 1.4174; A2003-41\namdt 3.383, amdt 3.384; A2007-19 s 211; A2007-22\namdt 1.51; A2007-25 amdt 1.205, amdt 1.206; pars renum\nR23 LA; A2008-15 amdt 2.14; A2009-28 amdt 2.28,\namdt 2.29; pars renum R30 LA; A2010-54 amdt 3.60;\nA2011-55 amdt 1.25; A2023-36 amdt 1.399\nRequirement for licence\ns 21 am A2014-44 amdt 3.66; A2024-25 amdt 1.1\nExemption\ns 22 am A2001-44 amdts 1.4175-1.4177; A2012-21 amdt 3.206;\nA2012-32 s 75; A2025-29 amdt 4.188\nLicensed utility services\ns 23 am A2003-41 amdt 3.385\nGeneral conditions\ns 25 am A2003-41 amdt 3.386; A2011-22 amdt 1.454; A2014-60\namdt 2.10\nSpecial conditions—water supply services\ns 27 sub A2012-32 s 76\nSpecial conditions—electricity distribution\ns 28 hdg sub A2012-32 s 77\ns 28 am A2001-56 amdt 3.863; A2005-62 amdt 3.176, amdt 3.177;\nA2012-21 amdt 3.201, amdt 3.202; A2012-32 s 78, s 79\nSpecial conditions—gas transmission or distribution\ns 29 om A2008-15 amdt 2.15\nSpecial conditions—gas distribution or supply\ns 30 am A2003-41 amdt 3.387\nom A2008-15 amdt 2.15\nSpecial conditions—gas distribution\ns 31 am A2012-32 s 80\nom A2012-32 s 81\nPartnerships and other groups\ns 33 am A2003-41 amdt 3.454\nApplications for certain licence decisions\ns 34 sub A2001-44 amdt 1.4178\nPublic consultation\ns 36 am A2003-41 amdt 3.388; A2015-33 amdt 1.235, amdt 1.236;\npars renum R49 LA\n\nGrant\ns 37 am A2002-49 amdt 3.245, amdt 3.246; A2008-37 amdt 1.512,\namdt 1.513; A2012-21 amdt 3.207\nVariation\ns 38 am A2002-49 amdt 3.248; A2008-37 amdt 1.514, amdt 1.515;\nss renum R28 LA; A2012-21 amdt 3.207; A2014-44\namdt 3.67; A2014-60 amdt 2.11, amdt 2.12; ss renum R45\nLA\nExemption from licence condition\ns 39 am A2001-44 amdt 1.4179; A2002-49 amdt 3.248; A2012-21\namdt 3.207; A2025-29 amdt 4.188\nTransfer\ns 40 am A2002-49 amdt 3.249, amdt 3.250; A2008-37 amdt 1.516,\namdt 1.517; A2012-21 amdt 3.207\nSurrender\ns 41 am A2002-49 amdt 3.251; A2003-41 amdt 3.389; A2012-21\namdt 3.207\nRevocation\ns 42 am A2002-49 amdt 3.252; A2008-37 amdt 1.518; A2012-21\namdt 3.207; A2014-44 amdt 3.85\nNotification and review of ICRC decisions\ndiv 3.3A hdg ins A2008-37 amdt 1.519\nMeaning of reviewable decision—div 3.3A\ns 43 sub A2008-37 amdt 1.519\nReviewable decision notices\ns 43A ins A2008-37 amdt 1.519\nApplications for review\ns 43B ins A2008-37 amdt 1.519\nLiability\ns 44 am A2004-63 s 4\nDetermination of fee\ns 45 am A2002-49 amdt 3.253; A2003-41 amdts 3.390-3.393;\nA2004-63 s 5, s 6; A2008-15 amdt 2.16; A2008-37\namdt 1.520; pars renum R28 LA\nmod SL2009-2 mod 5.1 (as ins by SL2009-51 s 9)\nmod lapsed 22 December 2009 (SL2009-2 mod 5.1 om by\nA2009-54 amdt 1.6)\nam A2009-54 amdt 1.41; A2011-22 amdt 1.454; A2012-21\namdt 3.207; A2014-44 amdt 3.85; A2015-12 s 47\n\nReview of licence conditions\ns 46 am A2015-33 amdts 1.237-1.239\nContravention of licence condition\ns 47 am A2024-25 amdt 1.2\nDirections about licence condition\ns 48 am A2014-44 amdt 3.85\nDirections about accounts and records\ns 49 am A2003-41 amdts 3.394-3.396; A2014-44 amdt 3.68,\namdt 3.85\nProtection of personal information\ns 51 sub A2014-49 amdt 1.50\nam A2015-11 amdt 1.31; A2016-55 amdt 4.49, amdt 4.50\nPublic notice of licence decisions\ns 52 am A2001-44 amdt 1.4180, amdt 1.4181; A2002-49\namdt 3.254; A2012-21 amdt 3.207; A2025-29 amdt 4.188\nPublic access to licences etc\ns 53 am A2001-44 amdt 1.4182; A2014-44 amdt 3.69; A2025-29\nAnnual reports—technical and environmental matters\ns 54 am A2011-22 amdt 1.454; A2014-60 amdt 2.13; A2023-26\namdt 1.3\nEnergy industry levy\npt 3A hdg ins A2007-13 s 5\nnote 2 exp 9 July 2008 (s 401 (2))\nnote 2 ins A2012-32 s 82\nDefinitions—pt 3A\ns 54A ins A2007-13 s 5\ndef administrator ins A2007-13 s 5\ndef base amount ins A2017-17 s 28\ndef determined ins A2007-13 s 5\ndef energy industry sector ins A2007-13 s 5\ndef energy utility ins A2007-13 s 5\ndef energy utility service ins A2007-13 s 5\ndef fixed net regulatory cost ins A2007-13 s 5\nom A2017-17 s 29\ndef levy ins A2007-13 s 5\ndef levy year ins A2007-13 s 5\ndef local regulatory cost ins A2007-13 s 5\ndef national regulatory cost ins A2007-13 s 5\ndef national regulatory obligations ins A2007-13 s 5\ndef net regulatory cost ins A2007-13 s 5\n\ndef regulatory cost ins A2007-13 s 5\ndef year ins A2007-13 s 5\nPurpose—pt 3A\ns 54B ins A2007-13 s 5\nEnergy industry levy—imposition\ns 54C ins A2007-13 s 5\nam A2012-32 s 83, s 84; A2017-17 ss 30-33\nEnergy industry sectors etc\ns 54D ins A2007-13 s 5\nam A2017-17 s 34\nNational regulatory obligations and costs\ns 54E ins A2007-13 s 5\nam A2017-17 ss 35-43; A2025-1 ss 19-21; A2025-29\nLocal regulatory costs\ns 54F ins A2007-13 s 5\nam A2017-17 s 44, s 45; A2025-29 amdt 4.188\nAnnual regulatory costs etc\ns 54G ins A2007-13 s 5\nam A2017-17 s 46\nRegulatory cost—determinations\ns 54GA ins A2017-17 s 47\nFurther energy sector determinations\ns 54H ins A2007-13 s 5\nam A2017-17 s 48, s 49; A2025-29 amdt 4.188\nProduction of distribution and sales information\ns 54I ins A2007-13 s 5\nam A2012-32 s 85, s 86; A2017-17 ss 50-52\nProduction of relevant information etc\ns 54J ins A2007-13 s 5\nRegistration of energy utilities\ns 54K ins A2007-13 s 5\nam A2017-17 s 53, s 54\nOffence—failure to register\ns 54L ins A2007-13 s 5\n(3)-(6) exp 9 July 2008 (s 54L (6) (LA s 88 declaration\napplies))\nam A2017-17 s 55\n\nReturns under Taxation Administration Act\ns 54M ins A2007-13 s 5\nam A2012-32 s 87, s 88; A2017-17 s 56;\nA2021-12 amdt 3.175\nLevy administrator\ns 54N ins A2007-13 s 5\nam A2014-44 amdt 3.70\nAdministrator to publish information\ns 54O ins A2012-32 s 89\nexp 1 July 2013 (s 54O (4))\nins A2017-17 s 57\nIndustry codes\npt 4 hdg note ins A2012-32 s 90\ns 55 am A2001-44 amdt 1.4183; A2012-32 s 91, s 92; pars\nrenum R37 LA; A2014-44 amdts 3.71-3.75; A2021-9 s 5\nApplication\ns 56 am A2012-32 s 93, s 94; ss renum R37 LA\nNERL retailers—determination of application of code\ns 56A ins A2012-32 s 95\nDraft codes\ns 57 am A2014-44 amdt 3.85\nApproved codes\ns 58 am A2012-21 amdt 3.203; A2014-44 amdt 3.85; A2014-60\namdt 2.14\nDetermined codes\ns 59 am A2003-41 amdt 3.396; A2012-21 amdt 3.206; A2014-44\namdt 3.85; A2014-60 amdt 2.15\nPublic consultation\ns 60 am A2003-41 amdt 3.454; A2015-33 amdt 1.240\nVariation\ns 61 am A2012-21 amdt 3.206\nNotification and disallowance of codes etc\ns 62 sub A2001-44 amdt 1.4184\nPublic access\ns 63 am A2001-44 amdt 1.4185; A2025-29 amdt 4.188\n\nTechnical regulation\npt 5 hdg note ins A2012-32 s 96\nTechnical codes\ndiv 5.1 hdg om A2014-60 amdt 2.16\ns 64 am A2003-41 amdt 3.454\nNERL retailers and NERL exempt sellers—determination of application of\ncode\ns 64A ins A2012-32 s 97\nApplication of industry code provisions\ns 65 am A2001-44 amdt 1.4186\ndiv 5.2 hdg om A2014-60 amdt 2.16\nFunctions of director-general\ns 66 hdg am A2011-22 amdt 1.454\ns 66 am A2011-22 amdt 1.454\nTechnical inspectors\ns 67 am A2001-44 amdt 1.4187; ss renum R2 LA (see A2001-44\namdt 1.4188); A2003-41 amdt 3.397, amdt 3.398; A2011-22\namdt 1.454; A2012-21 amdt 3.206\ns 68 am A2011-22 amdt 1.454\nInspectors—functions\ns 69 sub A2003-41 amdt 3.399\nDirections about technical codes\ns 70 am A2001-44 amdt 1.4189; A2011-22 amdt 1.454; A2012-21\namdt 3.207\nContravention of direction\ns 71 om A2014-60 amdt 2.16\n\nObtaining information and documents\ns 72 am A2011-22 amdt 1.454\nContravention of requirement under s 72\ns 73 om A2014-60 amdt 2.16\ndiv 5.3 hdg om A2014-60 amdt 2.16\nSelf-incrimination etc\ns 74 am A2002-11 amdt 2.99; A2002-51 amdt 1.51\nNERL retailers and NERL exempt sellers\npt 5A hdg ins A2012-32 s 98\nPreliminary\ndiv 5A.1 hdg ins A2012-32 s 98\nMeaning of NERL retailer\ns 75 om A2002-11 amdt 2.100\nins A2012-32 s 98\nMeaning of NERL exempt seller\ns 75A ins A2012-32 s 98\nApplication of Act to NERL retailers\ns 75B ins A2012-32 s 98\nam A2014-60 amdt 2.17; pars renum R45 LA\nApplication of Act to NERL exempt sellers\ns 75C ins A2012-32 s 98\nam A2014-60 amdt 2.18; pars renum R45 LA\nInconsistency between Act and NERL\ns 75D ins A2012-32 s 98\nNERL retailer obligations\ndiv 5A.2 hdg ins A2012-32 s 98\nGreenpower\nsdiv 5A.2.1 hdg ins A2012-32 s 98\nGreenpower obligations—general\ns 75E ins A2012-32 s 98\nGreenpower obligations—information on bills\ns 75F ins A2012-32 s 98\nExemption from greenpower obligations\ns 75G ins A2012-32 s 98\n\nElectricity pricing information for small customers\nsdiv 5A.2.1A hdg ins A2021-9 s 6\nObligation to give electricity price information\ns 75GA ins A2021-9 s 6\nDetermination of representative consumption and reference price\ns 75GB ins A2021-9 s 6\nsdiv 5A.2.2 hdg ins A2012-32 s 98\nOffence—contravention of code, s 75E or s 75GA\ns 75H hdg sub A2021-9 s 7\ns 75H ins A2012-32 s 98\nam A2021-9 s 8; A2024-25 amdt 1.3\nDirections about code, s 75E or s 75GA\ns 75I hdg sub A2021-9 s 9\ns 75I ins A2012-32 s 98\nam A2014-44 amdt 3.85; A2021-9 s 10, s 11\nOffence—contravention of direction\ns 75J ins A2012-32 s 98\nOffence—contravention of s 75F\ns 75K ins A2012-32 s 98\nam A2024-25 amdt 1.4\nObstruction\ns 76 om A2004-15 amdt 2.202\nElectricity connection service\ns 79 sub A2012-32 s 99\nElectricity supply service\ns 80 om A2012-32 s 100\nGas connection service\ns 81 om A2012-32 s 100\nGas supply service\ns 82 om A2012-32 s 100\nWater connection service\ns 83 am A2014-44 amdt 3.76, amdt 3.77\nSewerage connection service\ns 85 am A2014-44 amdt 3.78\nMeaning of utility service—div 6.2\ns 86A ins A2012-32 s 101\n\nDraft contracts\ns 88 am A2014-44 amdt 3.85\nApproval of terms\ns 89 am A2012-21 amdt 3.204; A2014-44 amdt 3.85\nDetermination of terms\ns 90 am A2012-21 amdt 3.206\nNotification and application of terms etc\ns 91 sub A2001-44 amdt 1.4190\nWater supply and sewerage services—owner’s liability for payment\ns 94 am A2015-19 s 145\nApplication—div 6.3\ns 94A ins A2012-32 s 102\nPassing on the cost of electricity\ns 98 om A2012-32 s 103\nPassing on the cost of gas\ns 99 om A2012-32 s 103\nPassing on the cost of water\ns 100 am A2014-44 amdt 3.79; A2024-25 amdt 1.5\nCapital contribution charges—network development\ns 101 am A2012-32 s 104, s 105\nAlternative energy—supply utilities not to discriminate\ns 102 om A2012-32 s 106\nDefinitions for pt 7\ns 103 def network operations am A2003-41 amdt 3.400\nAcquisition of land\ns 104 am A2003-41 amdt 3.401\nInstallation of network facilities\ns 105 am A2003-41 amdt 3.402, amdt 3.454; A2005-51 amdt 1.23;\nA2023-52 amdt 1.92\nMaintenance of network facilities\ns 106 am A2003-41 amdt 3.403; A2005-51 amdt 1.24; A2014-60\namdt 2.19; A2023-52 amdt 1.93\ns 109 am A2003-41 amdt 3.454; A2008-37 amdt 1.521; A2014-44\namdt 3.85\nNotice to owner of structure—network operations\ns 109A ins A2017-19 s 6\n\nNotice about lopping trees etc on private land—network operations\ns 110 hdg sub A2023-52 amdt 1.94\ns 110 am A2003-41 amdt 3.454; A2005-14 s 4; A2014-44 amdt 3.85;\nA2023-52 amdt 1.95, amdt 1.96\nNetwork operations affecting heritage significance\ns 110A ins A2004-57 amdt 1.56\nNotice to other utilities\ns 111 am A2003-41 amdt 3.404, amdt 3.454; A2005-14 ss 5-7;\nA2014-44 amdt 3.85\ns 113 am A2005-14 s 8\nAuthorised people\ndiv 7.4 hdg sub A2003-41 amdt 3.405\nAppointment\ns 114 am A2003-41 amdt 3.406, amdt 3.407\ns 115 am A2003-41 amdt 3.454\nEntry to premises—network operations\ns 116 am A2003-41 amdt 3.454\nObstruction\ns 118 om A2004-15 amdt 2.202\ns 119 hdg am A2003-41 amdt 3.408\ns 119 am A2003-41 amdts 3.409-3.411\nClarifying ownership of certain network facilities\ns 121 am A2001-44 amdt 1.4191; A2012-21 amdt 3.206; A2025-29\nEffect of declaration under s 121\ns 122 am A2001-44 amdt 1.4192; ss renum R2 LA (see A2001-44\namdt 1.4193); A2012-21 amdt 3.206; A2025-29 amdt 4.188\nProtection of networks\npt 8 hdg om A2014-60 amdt 2.20\nGeneral\ndiv 8.1 hdg om A2014-60 amdt 2.20\nMeaning of interference\ns 123 om A2014-60 amdt 2.20\nGeneral interference\ndiv 8.2 hdg om A2014-60 amdt 2.20\n\nInterference with networks\ns 124 om A2014-60 amdt 2.20\nNetwork protection notices\ns 125 am A2003-41 amdt 3.454; A2005-51 amdt 1.25; ss renum R19\nLA (see A2005-51 amdt 1.26)\nNetwork protection action affecting heritage significance\ns 125A ins A2004-57 amdt 1.57\nContamination of water or sewerage networks\ndiv 8.3 hdg om A2014-60 amdt 2.20\nContamination of water\ns 126 om A2014-60 amdt 2.20\nProhibited substances—water or sewerage network\ns 127 om A2014-60 amdt 2.20\nExempt water treatments\ns 128 om A2014-60 amdt 2.20\ndiv 8.4 hdg om A2014-60 amdt 2.20\nUnauthorised network connections\ns 129 am A2012-32 s 107\nUnauthorised abstraction etc of electricity\ns 130 am A2012-32 s 108\nUnauthorised abstraction etc of gas\ns 131 am A2012-32 s 109\nUnauthorised abstraction etc of water\ns 132 om A2014-60 amdt 2.20\nExtended meaning of network\ns 133 sub A2003-41 amdt 3.412\nMeaning of utility—pt 9\ns 134 sub A2012-32 s 110\nAppointment of controller\ns 135 am A2003-41 amdts 3.413-3.415; A2014-44 amdt 3.80\n\nController’s functions\ns 136 hdg sub A2003-41 amdt 3.416\ns 136 am A2003-41 amdt 3.417, amdt 3.418; A2014-44 amdt 3.81\nMinisterial directions\ns 139 am A2003-41 amdt 3.419\nObstructing controller\ns 141 om A2004-15 amdt 2.202\nImmunity from personal liability\ns 142 am A2003-41 amdt 3.419\nClaims\ns 144 am A2011-22 amdt 1.454\nAcceptance or rejection of compensation offer\ns 146 am A2011-22 amdt 1.454\nRecovery of compensation\ns 149 am A2003-41 amdt 3.419\nShortage of essential services\npt 9A hdg ins A2005-31 s 4\nDefinitions for pt 9A\ns 149A ins A2005-31 s 4\ndef essential service ins A2005-31 s 4\ndef essential service restriction ins A2005-31 s 4\nRestriction of utility service\ns 149B ins A2005-31 s 4\nPowers in relation to premises\ns 149C ins A2005-31 s 4\nProduction of identity card\ns 149D ins A2005-31 s 4\npt 10 hdg note ins A2012-32 s 111\nDefinitions for pt 10\ns 150 hdg sub A2001-56 amdt 3.864\ns 150 def connected ins A2001-56 amdt 3.865\ndef offence ins A2001-56 amdt 3.865\nThings connected with offences\ns 151 om A2001-56 amdt 3.866\n\nAppointment\ns 152 am A2003-41 amdts 3.420-3.422; A2011-22 amdt 1.454\nWarrants—application made other than in person\ns 158 am A2018-33 amdt 1.71, amdt 1.72\nPowers on entry to premises\ns 159 am A2003-41 amdt 3.454\nTechnical inspectors\ndiv 10.3 hdg om A2014-60 amdt 2.21\nPowers to enter and inspect premises\ns 164 am A2011-22 amdt 1.454\nom A2014-60 amdt 2.22\nAuthorised people for utility\ndiv 10.4 hdg sub A2003-41 amdt 3.423\nom A2014-60 amdt 2.23\nPowers to enter and inspect premises\ns 165 om A2014-60 amdt 2.23\nSelf-incrimination etc\ns 166 am A2002-11 amdt 2.101; A2002-51 amdt 1.52; A2025-29\namdt 3.353\nCertain causes of action against customer\npt 11 hdg sub A2008-22 amdt 1.58; A2008-37 amdt 1.522\nnote ins A2012-32 s 112\nEstablishment and functions\ndiv 11.1 hdg om A2008-37 amdt 1.522\nConstitution\ndiv 11.2 hdg om A2008-37 amdt 1.522\nOrganisation of council\ndiv 11.3 hdg om A2008-37 amdt 1.522\nProceedings in Magistrates Court—amounts over $10 000\ns 167 om A2001-11 amdt 2.102\nCivil dispute applications to ACAT\ns 168 om A2004-15 amdt 2.202\nComplaints to ACAT about utilities\npt 12 hdg sub A2008-37 amdt 1.522\nPreliminary\ndiv 12.1 hdg sub A2008-37 amdt 1.522\n\nDefinitions—pt 12\ns 169 am A2008-22 amdt 1.59\ndef complainant ins A2008-37 amdt 1.522\ndef complaint ins A2008-37 amdt 1.522\ndef customer debt ins A2008-37 amdt 1.522\ndef registrar ins A2008-37 amdt 1.522\ndef respondent ins A2008-37 amdt 1.522\ndef utility ins A2008-37 amdt 1.522\ndef withdrawal ins A2008-37 amdt 1.522\nApplication—pt 12\ns 170 am A2001-56 amdts 3.867-3.869; A2003-41 amdt 3.424,\namdt 3.454\nam A2012-32 s 113\nPrinciples—pt 12\ns 171 am A2007-22 amdt 1.52\nApplications to ACAT\ndiv 12.2 hdg sub A2008-37 amdt 1.522\nACAT applications\ns 172 am A2003-41 amdt 3.425\ntable 172 am A2012-32 ss 114-116; items renum R37 LA;\nA2014-60 amdt 2.25\nHelp with applications about failure to provide, or withdrawal of, utility\nservices\ns 173 sub A2004-9 amdt 1.48; A2008-37 amdt 1.522; A2017-28\namdt 3.53\nAdvising Minister etc about systemic problems\ns 174 am A2001-56 amdt 3.870, amdt 3.871; A2003-41\namdts 3.426-3.428\nam A2017-28 amdt 3.54\nPreliminary inquiries\ndiv 12.3 hdg sub A2008-37 amdt 1.522\nPreliminary inquiries—registrar\ns 175 am A2001-56 amdt 3.872, amdt 3.873; A2003-41 amdt 3.429,\namdt 3.430\nDismissal of complaints\ndiv 12.4 hdg sub A2008-37 amdt 1.522\n\nDismissal of complaints about utilities\ns 176 om A2001-56 amdt 3.874\nam A2014-44 amdt 3.85; A2015-50 amdt 3.161\nPowers and decisions of ACAT\ndiv 12.5 hdg ins A2008-37 amdt 1.522\nComplainant’s records\ns 177 am A2001-56 amdt 3.875\nACAT decisions\ns 178 sub A2003-41 amdt 3.431; A2008-37 amdt 1.522\nContinuity of utility services—nonpayment of customer debt\ns 179 am A2003-41 amdt 3.432\nam A2012-32 s 117\nDischarge of customer debt\ns 180 sub A2003-41 amdt 3.433; A2008-28 amdt 3.170; A2008-37\namdt 1.522\nPayment for loss or damages\ns 181 am A2003-41 amdt 3.434\nam A2014-44 amdt 3.85; A2018-9 s 117\nReviewable capital contribution charges\ns 182 hdg am A2003-41 amdt 3.435\ns 182 am A2003-41 amdt 3.436\nReimbursement of utilities for customer debts discharged\ns 183 sub A2008-37 amdt 1.522\nConfidential information\ndiv 12.6 hdg ins A2008-37 amdt 1.522\nProtection of confidential information\ns 184 sub A2008-37 amdt 1.522\nComplaints to which pt 12 applies\ns 185 om A2008-37 amdt 1.522\nComplaints to council\ns 186 om A2008-37 amdt 1.522\nPreliminary inquiries\ns 187 om A2008-37 amdt 1.522\n\nWithdrawal of complaint\ns 188 om A2008-37 amdt 1.522\nDismissal of complaint\ns 189 am A2003-41 amdt 3.437\nNotice to utility\ns 190 om A2008-37 amdt 1.522\nProcedure\ns 191 am A2003-41 amdt 3.438\nInterim directions\ns 192 om A2008-37 amdt 1.522\nParticipation by telephone etc\ns 193 om A2008-37 amdt 1.522\nHearings\ns 194 om A2008-37 amdt 1.522\nAppearance and representation\ns 195 om A2008-37 amdt 1.522\nTaking evidence\ns 196 om A2008-37 amdt 1.522\nRefusing to take oath or make affirmation\ns 197 om A2008-37 amdt 1.522\nObtaining information and documents\ns 198 am A2003-41 amdt 3.439\nContravention of requirement under s 198\ns 199 om A2008-37 amdt 1.522\nWitnesses to answer questions etc\ns 200 om A2008-37 amdt 1.522\nSelfincrimination etc\ns 201 am A2002-11 amdt 2.103; A2002-51 amdt 1.53\nLegal professional privilege\ns 202 om A2002-11 amdt 2.104\nRestrictions on publication\ns 203 am A2001-44 amdt 1.4194; A2003-41 amdt 3.440\n\nContravention of direction about publication\ns 204 om A2008-37 amdt 1.522\nReference of question of law to Supreme Court\ns 205 am A2003-41 amdt 3.441\nDecisions of council\ns 206 am A2007-22 amdt 1.53, amdt 1.54\nContinuity of utility services—nonpayment of customer debt\ns 207 am A2003-41 amdt 3.442\nDischarge of customer debt\ns 208 om A2008-37 amdt 1.522\nPayment for loss or damage\ns 209 am A2003-41 amdt 3.443\nReviewable capital contribution charges\ns 209A ins A2007-22 amdt 1.55\nNotice of decision\ns 210 am A2004-60 amdt 1.686\nDecisions by agreement\ns 211 om A2008-37 amdt 1.522\nRecords\ns 212 om A2008-37 amdt 1.522\nCorrection of errors\ns 213 om A2008-37 amdt 1.522\nProtection of lawyers and witnesses\ns 214 om A2008-37 amdt 1.522\nObstructing council etc\ns 215 om A2008-37 amdt 1.522\nProviding false information\ns 216 om A2004-15 amdt 2.202\nProviding false or misleading documents\ns 217 om A2004-15 amdt 2.202\nReimbursement of utilities for customer debts discharged\ns 218 om A2008-37 amdt 1.522\n\nPurposes of pt 13\ns 219 am A2003-41 amdt 3.444; A2012-32 s 118\nDirection by Minister\ns 221 am A2003-41 amdt 3.445, amdt 3.454\nArbitration of dispute about cost\ns 225 am A2017-7 amdt 1.14\nStreetlighting and stormwater\npt 14 hdg orig pt 14 hdg renum as pt 15 hdg\nins A2005-14 s 9\nGeneral\ndiv 14.1 hdg ins A2005-14 s 9\nDefinitions for pt 14\ns 225A renum as s 226\nStormwater network\ns 225B renum as s 227\nStormwater network code and boundary\ns 225C renum as s 228\nStreetlight network\ns 225D renum as s 229\nStreetlight network code\ns 225E renum as s 230\nInstallation of territory network facilities\ns 225F renum as s 231\nMaintenance of territory network facilities\ns 225G renum as s 232\nNational land\ns 225H renum as s 233\nDamage etc to be minimised\ns 225I renum as s 234\ns 225J renum as s 235\nNotice about lopping trees etc on private land\ns 225K renum as s 236\nTerritory network operations affecting heritage significance\ns 225L renum as s 237\nNotice to utilities\ns 225M renum as s 238\n\nRemoval of Territory’s property and waste\ns 225N renum as s 239\ns 225O renum as s 240\nCompensation\ns 225P renum as s 241\nTerritory service authorised people\ns 225Q renum as s 242\ns 225R renum as s 243\nEntry to premises—territory network operations\ns 225S renum as s 244\nEntry to premises—inspection of connections etc\ns 225T renum as s 245\ns 225U renum as s 246\nOwnership of territory network facilities\ns 225V renum as s 247\nInterference with territory networks\ns 225W renum as s 248\nTerritory network protection notices\ns 225X renum as s 249\nTerritory network protection action affecting heritage significance\ns 225Y renum as s 250\nDefinitions for pt 14\ns 226 orig s 226 renum as s 251\n(prev s 225A) ins A2005-14 s 9\ndef installation ins A2005-14 s 9\ndef interference ins A2005-14 s 9\ndef stormwater drainage ins A2005-14 s 9\ndef stormwater network ins A2005-14 s 9\ndef stormwater network boundary ins A2005-14 s 9\ndef stormwater network code ins A2005-14 s 9\ndef streetlighting ins A2005-14 s 9\ndef streetlight network ins A2005-14 s 9\ndef streetlight network code ins A2005-14 s 9\nsub A2017-19 s 7\ndef streetlight network framework ins A2017-19 s 8\ndef territory network ins A2005-14 s 9\n\ndef territory network facility ins A2005-14 s 9\ndef territory network operations ins A2005-14 s 9\ndef territory network protection notice ins A2005-14 s 9\ndef territory service ins A2005-14 s 9\ndef territory service authorised person ins A2005-14 s 9\nStormwater network\ns 227 orig s 227 renum as s 252\n(prev s 225B) ins A2005-14 s 9\nStormwater network code and boundary\ns 228 orig s 228 renum as s 253\n(prev s 225C) ins A2005-14 s 9\nam A2012-21 amdt 3.206; A2025-29 amdt 4.188\nStreetlight network\ns 229 orig s 229 renum as s 254\n(prev s 225D) ins A2005-14 s 9\nam A2017-19 s 9, s 10\nStreetlight network framework\ns 229A orig s 229A\nrenum as s 255\npres 229A\nins A2017-19 s 11\nDraft streetlight network code\ns 229B orig s 229B\nrenum as s 256\npres 229B\nins A2017-19 s 11\nStreetlight network code approval\ns 230 orig s 230 renum as s 257\n(prev s 225E) ins A2005-14 s 9\nam A2012-21 amdt 3.206\nsub A2017-19 s 11\nTerritory network operations\ndiv 14.2 hdg ins A2005-14 s 9\nGeneral powers\nsdiv 14.2.1 hdg ins A2005-14 s 9\n\nInstallation of territory network facilities\ns 231 orig s 231 renum as s 258\n(prev s 225F) ins A2005-14 s 9\nam A2005-51 amdt 1.27; A2017-19 s 12; pars renum R53 LA;\nA2023-52 amdt 1.97\nMaintenance of territory network facilities\ns 232 orig s 232 renum as s 259\n(prev s 225G) ins A2005-14 s 9\nam A2005-51 amdt 1.28; A2017-19 s 13, s 14; pars renum\nR53 LA; A2023-52 amdt 1.98\nNational land\ns 233 orig s 233 renum as s 260\n(prev s 225H) ins A2005-14 s 9\nPerformance of territory network operations\nsdiv 14.2.2 hdg ins A2005-14 s 9\nDamage etc to be minimised\ns 234 orig s 234 renum as s 261\n(prev s 225I) ins A2005-14 s 9\ns 235 orig s 235 om A2001-44 amdt 1.4201\nins A2004-63 s 7\nexp 1 July 2005 (s 235 (2))\n(prev s 225J) ins A2005-14 s 9\nam A2014-44 amdt 3.85\nNotice to owner of structure—territory network operations\ns 235A ins A2017-19 s 15\nNotice about lopping trees etc on private land—territory network operations\ns 236 hdg sub A2023-52 amdt 1.99\ns 236 orig s 236 om A2001-44 amdt 1.4201\n(prev s 225K) ins A2005-14 s 9\nam A2014-44 amdt 3.85; A2023-52 amdt 1.100, amdt 1.101\n\nTerritory network operations affecting heritage significance\ns 237 orig s 237 exp 1 January 2002 (s 241)\n(prev s 225L) ins A2005-14 s 9\nNotice to utilities\ns 238 orig s 238 om R1 LRA\n(prev s 225M) ins A2005-14 s 9\nam A2014-44 amdt 3.85\nRemoval of Territory’s property and waste\ns 239 orig s 239 exp 1 January 2002 (s 241)\n(prev s 225N) ins A2005-14 s 9\ns 240 orig s 240 exp 1 January 2002 (s 241)\n(prev s 225O) ins A2005-14 s 9\nCompensation\ns 241 orig s 241 exp 1 January 2002 (s 241)\n(prev s 225P) ins A2005-14 s 9\nAuthorised people and entry to premises\nsdiv 14.2.3 hdg ins A2005-14 s 9\nTerritory service authorised people\ns 242 orig s 242 exp 20 June 2002 (s 247)\n(prev s 225Q) ins A2005-14 s 9\nam A2011-22 amdt 1.454\nsub A2017-19 s 16\ns 243 orig s 243 exp 21 June 2001 (IA s 43 (3))\n(prev s 225R) ins A2005-14 s 9\nam A2011-22 amdt 1.454\nEntry to premises—territory network operations\ns 244 orig s 244 exp 20 June 2002 (s 247)\n(prev s 225S) ins A2005-14 s 9\nEntry to premises—inspection of connections etc\ns 245 orig s 245 exp 20 June 2002 (s 247)\n(prev s 225T) ins A2005-14 s 9\n\nsdiv 14.2.4 hdg ins A2005-14 s 9\ns 246 orig s 246 exp 20 June 2002 (s 247)\n(prev s 225U) ins A2005-14 s 9\nOwnership of territory network facilities\ns 247 orig s 247 exp 20 June 2002 (s 247)\n(prev s 225V) ins A2005-14 s 9\nProtection of territory networks\ndiv 14.3 hdg ins A2005-14 s 9\nInterference with territory networks\ns 248 orig s 248 om A2001-56 amdt 3.877\n(prev s 225W) ins A2005-14 s 9\nam A2017-19 s 17\nTerritory network protection notices\ns 249 orig s 249 exp 21 June 2001 (IA s 43 (3))\n(prev s 225X) ins A2005-14 s 9\nam A2005-51 amdt 1.29; ss renum R19 LA (see A2005-51\namdt 1.30); A2014-44 amdt 3.85; A2023-52 amdts\n1.102-1.107\nTerritory network protection action affecting heritage significance\ns 250 orig s 250 (1) exp 2 June 2001 (IA s 43 (3))\n(2)–(6) exp 1 July 2001 (s 253)\n(prev s 225Y) ins A2005-14 s 9\nVicarious liability\npt 15 hdg orig pt 15 hdg renum as pt 16 hdg\n(prev pt 14 hdg) renum A2005-14 s 10\nReferences in pt 15 to proceeding under this Act\ns 251 hdg (prev s 226 hdg) sub A2001-56 amdt 3.876; A2005-14 s 11\ns 251 orig s 251 exp 1 July 2001 (s 253)\n(prev s 226) am A2001-44 amdt 1.4195, amdt 1.4196;\nA2002-11 amdt 2.105; A2002-51 amdt 1.54\nam A2025-29 amdt 3.353\nLiability of corporations\ns 252 orig s 252 exp 1 July 2001 (s 253)\n(prev s 227) renum R17 LA (see A2005-14 s 16)\n\nLiability of people other than corporations\ns 253 hdg (prev s 228 hdg) am R8 LA\ns 253 orig s 253 am A2001-56 amdt 3.878\nexp 1 July 2001 (s 253)\n(prev s 228) am A2002-11 amdt 2.106\npt 16 hdg orig pt 16 hdg om R5 LA\n(prev pt 15 hdg) renum A2005-14 s 12\nFirst codes\ndiv 16.1 hdg om A2001-44 amdt 1.4201\nElectricity Supply Acts, repeals and savings\ndiv 16.2 hdg exp 1 January 2002 (s 241)\nGas Supply Act, repeals and savings\ndiv 16.3 hdg exp 20 June 2002 (s 247)\ndiv 16.4 hdg exp 1 July 2001 (s 253)\nDetermination of fees\ns 254 (prev s 229) sub A2001-44 amdt 1.4197\nam A2004-60 amdt 1.687\nsub A2005-14 s 13\nam A2008-22 amdt 1.60; A2008-37 amdt 1.523; A2012-21\namdt 3.206; A2025-29 amdt 4.188\nApproved forms—ICRC\ns 255 (prev s 229A) ins A2001-44 amdt 1.4197\nam A2003-41 amdt 3.446\nApproved forms—Minister\ns 256 (prev s 229B) ins A2001-44 amdt 1.4197\nam A2003-41 amdt 3.446\nEvidentiary certificate—Government programs\ns 257 (prev s 230) renum R17 LA (see A2005-14 s 16)\nEvidence of authorisation by utility\ns 258 (prev s 231) renum R17 LA (see A2005-14 s 16)\nFormer water and sewerage rates schemes—extended operation\ns 259 (prev s 232) renum R17 LA (see A2005-14 s 16)\n\nCompensation—safety net\ns 260 (prev s 233) am A2005-14 s 14\nReminder notices and disconnection warning notices—ACAT direction\ns 260A ins A2012-32 s 119\nRegulation-making power\ns 261 hdg (prev s 234 hdg) sub A2001-44 amdt 1.4198\ns 261 (prev s 234) am A2001-44 amdt 1.4199, amdt 1.4200;\nA2005-14 s 15\nUtilities (General) Regulation 2017—sch 2\ns 262 ins A2017-33 s 5\nexp 1 December 2017 (s 262 (5))\nTransitional\npt 17 hdg ins A2007-13 s 6\nApplication of pt 3A (Energy industry levy)\ns 400 ins A2007-13 s 6\nExpiry—pt 17\ns 401 ins A2007-13 s 6\nTransitional—National Energy Retail Law\npt 18 hdg ins A2012-32 s 120\nMeaning of commencement day—pt 18\ns 402 ins A2012-32 s 120\nLicences\ns 403 ins A2012-32 s 120\nExisting retailer of last resort\ns 404 ins A2012-32 s 120\nCertain electricity services and gas services\ns 405 ins A2012-32 s 120\nexp 31 December 2013 (s 407 (2))\n\nTransitional regulations\ns 406 ins A2012-32 s 120\nCertain electricity services and gas services\ns 406A ins A2014-23 s 28\nexp 31 March 2015 (s 407 (2))\nExpiry—pt 18\ns 407 ins A2012-32 s 120\nam A2014-23 s 29, s 30\nTransitional—Utilities (Technical Regulation) Act 2014\npt 19 hdg ins A2014-60 amdt 2.26\nMeaning of commencement day—pt 19\ns 408 ins A2014-60 amdt 2.26\nPerson currently providing electricity generation or transmission services\ns 409 ins A2014-60 amdt 2.26\nExpiry—pt 19\ns 410 ins A2014-60 amdt 2.26\nTransitional—Red Tape Reduction Legislation Amendment Act 2017\npt 20 hdg ins A2017-17 s 58\nCalculation of energy industry levy in transitional year\ns 411 ins A2017-17 s 58\nExpiry—pt 20\ns 412 ins A2017-17 s 58\nTransitional—COAG Legislation Amendment Act 2025\npt 21 hdg ins A2025-1 s 22\nReferences to COAG EC\ns 413 ins A2025-1 s 22\nTransitional regulations\ns 414 ins A2025-1 s 22\n\nExpiry—pt 21\ns 415 ins A2025-1 s 22\nReviewable decisions\nsch 1 ins A2008-37 amdt 1.524\nUtilities (General) Regulation 2017\nsch 2 ins A2017-33 s 6\nexp 1 December 2017 (s 262 (5))\ndict am A2003-41 amdt 3.447; A2007-13 s 7; A2008-15 amdt 2.17;\nA2008-37 amdts 1.525-1.527; A2009-20 amdt 3.214;\nA2010-54 amdt 3.61; A2011-22 amdt 1.455; A2012-21\namdt 3.205; A2012-32 s 121; A2015-33 amdt 1.241;\nA2017-19 s 18; A2021-9 s 12; A2025-29 amdt 3.354\ndef administrator ins A2007-13 s 8\ndef annual licence fee am A2004-63 s 8\ndef approved meter ins A2001-56 amdt 3.879\ndef authorised person sub A2001-56 amdt 3.880\ndef base amount ins A2017-17 s 59\ndef complainant ins A2008-37 amdt 1.528\ndef complaint sub A2008-37 amdt 1.528\ndef connected ins A2001-56 amdt 3.881\ndef council sub A2008-22 amdt 1.61\nom A2008-37 amdt 1.529\ndef customer contract am A2013-40 s 19\ndef customer debt ins A2001-56 amdt 3.881\nsub A2008-37 amdt 1.530\ndef daily newspaper om A2009-20 amdt 3.215\ndef data storage device am A2003-41 amdt 3.448\ndef determined ins A2007-13 s 8\ndef determined fee om A2001-44 amdt 1.4202\ndef electricity connection service sub A2012-32 s 122\ndef electricity distribution network ins A2016-24 s 59\ndef electricity network sub A2016-24 s 60\ndef electricity supplier om A2012-32 s 123\ndef electricity transmission network ins A2016-24 s 61\ndef energy industry sector ins A2007-13 s 8\ndef energy utility ins A2007-13 s 8\ndef energy utility service ins A2007-13 s 8\ndef essential service ins A2005-31 s 5\nam A2014-44 amdt 3.83\ndef essential service restriction ins A2005-31 s 5\nam A2014-44 amdt 3.83\ndef fixed net regulatory cost ins A2007-13 s 8\nom A2017-17 s 60\ndef function om A2001-56 amdt 3.882\n\ndef gas connection service sub A2012-32 s 124\ndef gas distribution network ins A2001-56 amdt 3.883\ndef gas supplier om A2012-32 s 125\ndef gas transmission network ins A2001-56 amdt 3.883\ndef ICRC inspector sub A2001-56 amdt 3.884\ndef industry code sub A2001-44 amdt 1.4203\ndef installation ins A2001-56 amdt 3.885\nsub A2003-41 amdt 3.449; A2005-14 s 17\ndef interference ins A2001-56 amdt 3.885\nsub A2003-41 amdt 3.449; A2005-14 s 17\nam A2014-60 amdt 2.27; pars renum R45 LA\ndef land-holder am A2025-29 amdt 3.355\ndef land sublease ins A2015-19 s 146\nsub A2023-36 amdt 1.400\ndef levy ins A2007-13 s 8\ndef levy year ins A2007-13 s 8\ndef local regulatory cost ins A2007-13 s 8\ndef National Electricity (ACT) Law ins A2021-9 s 13\ndef national electricity rules ins A2012-32 s 126\ndef National Energy Retail Law (ACT) ins A2021-9 s 13\ndef national energy retail rules ins A2012-32 s 126\ndef National Gas (ACT) Law ins A2021-9 s 13\ndef National Gas (ACT) Regulation ins A2021-9 s 13\ndef national gas rules ins A2012-32 s 126\ndef national regulatory cost ins A2007-13 s 8\ndef national regulatory obligations ins A2007-13 s 8\ndef NERL exempt seller ins A2012-32 s 126\ndef NERL retailer ins A2012-32 s 126\ndef net regulatory cost ins A2007-13 s 8\ndef network sub A2001-56 amdt 3.886\nam A2014-60 amdt 2.29; pars renum R45 LA\ndef network boundary sub A2014-60 amdt 2.28\ndef network operations sub A2001-56 amdt 3.886\ndef network protection notice sub A2014-60 amdt 2.30\ndef occupier sub A2001-56 amdt 3.886\ndef offence ins A2001-56 amdt 3.887\ndef owner am A2003-41 amdt 3.454; A2004-42 amdt 3.87\nsub A2015-19 s 147\ndef party ins A2001-56 amdt 3.887\nsub A2003-41 amdt 3.450\nom A2008-37 amdt 1.531\ndef personal information sub A2001-56 amdt 3.888\ndef proceeding under this Act ins A2001-56 amdt 3.889\nsub A2005-14 s 18\ndef protected tree ins A2023-52 amdt 1.108\ndef public land am A2025-29 amdt 3.355\n\ndef registrar ins A2001-56 amdt 3.889\nsub A2008-37 amdt 1.532\ndef regulated utility ins A2014-60 amdt 2.31\ndef regulatory cost ins A2007-13 s 8\ndef related law sub A2001-44 amdt 1.4204\ndef respondent ins A2001-56 amdt 3.889\nsub A2003-41 amdt 3.451; A2008-37 amdt 1.533\ndef reviewable decision ins A2008-37 amdt 1.534\ndef stormwater drainage ins A2005-14 s 19\ndef stormwater network ins A2005-14 s 19\ndef stormwater network boundary ins A2005-14 s 19\ndef stormwater network code ins A2005-14 s 19\ndef streetlighting ins A2005-14 s 19\ndef streetlight network ins A2005-14 s 19\ndef streetlight network code ins A2005-14 s 19\nam A2017-19 s 19\ndef streetlight network framework ins A2017-19 s 20\ndef technical code sub A2001-44 amdt 1.4205; A2014-60\namdt 2.32\ndef technical inspector sub A2001-56 amdt 3.890; A2014-60\namdt 2.33\ndef technical regulator ins A2014-60 amdt 2.34\ndef territory network ins A2005-14 s 19\ndef territory network facility ins A2005-14 s 19\ndef territory network operations ins A2005-14 s 19\ndef territory network protection notice ins A2005-14 s 19\ndef territory service ins A2005-14 s 19\ndef territory service authorised person ins A2005-14 s 19\ndef utility sub A2001-56 amdt 3.890; A2008-37 amdt 1.535\ndef utility service am A2003-41 amdt 3.452\nsub A2012-32 s 127\ndef water distributor om A2014-44 amdt 3.84\ndef withdrawal ins A2001-56 amdt 3.891\nsub A2003-41 amdt 3.453; A2008-37 amdt 1.536\ndef year ins A2007-13 s 8\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\n1 not amended 24 May 2001\n2 A2001-56 5 September 2001\n3 A2001-56 10 January 2002\n4 A2002-11 29 May 2002\n5 A2002-11 21 June 2002\n6 A2002-51 1 January 2003\n7 A2002-51 17 January 2003\n8 A2003-41 9 October 2003\n9 A2004-15 9 April 2004\n10 A2004-15 13 April 2004\n11 A2004-42 25 August 2004\n12 A2004-63 3 September 2004\n13 A2004-63 10 January 2005\n14 A2004-63 9 March 2004\n15 A2005-31 30 June 2005\n16 A2005-31 2 July 2005\n17* A2005-31 24 September 2005\n18 A2005-62 11 January 2006\n19 A2005-62 29 March 2006\n20 A2007-19 9 July 2007\n21 A2007-19 1 August 2007\n22 A2007-22 6 September 2007\n\nEarlier republications 5\n23 A2007-25 31 March 2008\n24 A2008-15 1 July 2008\n25 A2008-22 10 July 2008\n26 A2008-22 29 July 2008\n27 A2008-28 26 August 2008\n28 A2008-37 2 February 2009\n29 A2009-28 22 September 2009\n30 A2009-28 1 October 2009\n31 SL2009-51 31 October 2009\n32 A2009-54 22 December 2009\n33 A2010-54 1 January 2011\n34 A2011-22 1 July 2011\n35 A2011-55 1 January 2012\n36 A2012-21 5 June 2012\n37 A2012-32 1 July 2012\n38 A2012-32 2 July 2013\n39 A2012-32 1 January 2014\n40 A2013-40 27 January 2014\n41 A2014-23 27 May 2014\n42 A2014-23 1 July 2014\n43 A2014-49 17 November 2014\n44 A2014-49 19 November 2014\n45 A2014-60 1 March 2015\n46 A2014-60 1 April 2015\n47 A2015-12 21 May 2015\n48 A2015-19 1 July 2015\n49 A2015-33 14 October 2015\n\n50 A2015-50 9 December 2015\n51 A2016-24 12 May 2016\n52 A2016-24 2 March 2017\n53 A2017-19 16 June 2017\n54 A2017-19 1 July 2017\n55 A2017-19 2 July 2017\n56 A2017-28 11 October 2017\n57 A2017-33 8 November 2017\n58 A2017-33 1 December 2017\n59 A2017-33 2 December 2017\n60 A2017-33 1 January 2018\n61 A2018-9 26 April 2018\n62 A2018-9 2 July 2018\n63 A2018-33 23 October 2018\n64 A2021-9 20 May 2021\n65 A2021-12 23 June 2021\n66 A2023-26 8 July 2023\n67 A2023-36 27 November 2023\n68 A2023-52 1 January 2024\n69 A2024-25 19 December 2024\n70 A2025-1 27 February 2025\n\nRenumbered provisions 6\n6 Renumbered provisions\nThis Act was renumbered under the Legislation Act 2001, in R17 (see Utilities\nAmendment Act 2005 A2005-14 s 16). Details of renumbered provisions are shown\nin endnote 4 (Amendment history). For a table showing the renumbered provisions,\nsee R17.\n7 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":250}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The supplied notes do not show a narrowing or widening of scope from an earlier stated intent. The Act clearly defines core utility services but explicitly permits subordinate instruments to prescribe additional services or grant exemptions (s15, s15A). That delegation means the practical regulatory scope can be expanded or contracted by regulations or Ministerial instruments without amending the primary Act."},"complexity_factors":["Comprehensive licensing regime with mandatory conditions, fee-setting and enforcement powers (ss21, 25, 45, 48)","Detailed statutory powers for land access, installation, maintenance, notice and restoration with multiple exemptions and duties (ss105–116, 109–114)","Controller appointment and compensation framework that transfers operational control and creates recovery/compensation obligations (ss135–149)","Inspector and enforcement powers including warrants, seizure and criminal offences, with procedural safeguards (ss152–160, ss54J, 54L)","Complex levy and cost-recovery mechanism for energy utilities treated as a tax law (Part 3A, ss54B–54M, 54GA–54I)","Extensive cross-references to other Territory and national laws and delegated instruments, increasing interpretive complexity (s20, references throughout)","Discretion held by multiple decision-makers (Minister, ICRC, administrator, commissioner for revenue) and use of disallowable/notifiable instruments (ss19, 36, 54GA, 254–256)","Regulation-making powers to add/exempt utility services and impose operational restrictions, enabling scope changes without Act amendment (ss15, 15A, 261)","Procedural complexity in public consultation, reviewable decisions and ACAT review routes (ss36, 37, 43)"],"plain_english_summary":"The Utilities Act 2000 requires licences for providing electricity, gas, water and sewerage services (s21), empowers the ICRC to set licence conditions, fees and directions (s3, s25, s45), and gives utilities statutory powers to install, maintain and access network infrastructure on land subject to notice, restoration and compensation rules (s105–s114, s113, s260). It also imposes a levy on energy utilities to recover regulatory costs (Part 3A). Affected parties include utilities, customers, landholders and the Territory."},"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"},"issue_detection":{"absurdities":[{"type":"other","section":"243(3), read with 242(1)–(2)","severity":"medium","reasoning":"Section 243(3) requires the director-general to give an identity card to each territory service authorised person ‘appointed under section 242 (2)’. Section 242(1)(a) provides for appointment by the director-general, while section 242(2) governs how an appointed person exercises their functions. It creates no appointment, so the specified class of recipients cannot arise under the cited subsection.","confidence":0.97,"description":"The identity-card duty refers to people appointed under a subsection that does not appoint anyone.","source_quotes":["a person appointed by the director-general;","A territory service authorised person must exercise the person’s\nfunctions under this part in accordance with the conditions of\nappointment (if any) and any direction given to the person by the\nappointer.","The director-general must give each territory service authorised\nperson appointed under section 242 (2) an identity card stating the\nperson’s name and that the person is a territory service authorised\nperson."]}],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":828},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2000 scope. Major additions include: Part 3A Energy Industry Levy (2007); Part 5A for NERL retailers and exempt sellers (2012) integrating national energy retail law; Part 14 for streetlighting and stormwater networks (2005, expanded 2017); and Part 9A for shortage of essential services (2005). The 2025 amendments updated COAG references to Ministerial Council. The Act now regulates not just traditional utilities but also national energy market participants and Territory-owned infrastructure."},"complexity_factors":["Extensive cross-referencing to national energy laws (National Electricity Law, National Gas Law, National Energy Retail Law) and other ACT legislation","Multiple regulatory bodies with overlapping roles: ICRC, ACAT, technical regulator, Minister, and administrator for energy levy","Complex levy calculation formula in Part 3A with multiple variables, estimated and actual cost adjustments, and market share calculations","Nested definitions throughout (e.g., 'utility service' has different meanings for electricity, gas, water, sewerage, and in different Parts)","Numerous exceptions and exemptions: licence exemptions, conditional exemptions from greenpower obligations, urgent circumstances exceptions for notice requirements","Detailed procedural requirements for licensing decisions, public consultation, ACAT complaints, and network entry with specific timeframes","Application of Criminal Code principles to offences with strict liability provisions and daily penalty offences","Transitional and expired provisions scattered throughout with complex amendment history (71 republications)","Vicarious liability provisions for corporations and non-corporations with state of mind attribution rules","Integration with national energy market frameworks requiring knowledge of external rules and regulations"],"plain_english_summary":"This is the **Utilities Act 2000** (ACT), a comprehensive law that regulates essential utility services—**electricity, natural gas, water, and sewerage**—in the Australian Capital Territory.\n\n**What it does:**\n- **Licences utilities**: No one can provide utility services without a licence from the Independent Competition and Regulatory Commission (ICRC). Licences come with conditions about safety, technical standards, and customer protection.\n- **Sets up the ICRC**: The ICRC oversees utilities to ensure safe, reliable, affordable services; prevent monopoly abuse; promote competition; and protect consumers and the environment.\n- **Regulates network operations**: Utilities can enter land to install and maintain infrastructure (power lines, pipes, etc.) but must minimise damage, give notice to landowners, and restore land afterwards.\n- **Protects customers**: People can complain to the ACT Civil and Administrative Tribunal (ACAT) about service failures, excessive charges, or disconnection threats. ACAT can order services restored, debts reduced, or compensation paid.\n- **Controls prices and contracts**: Standard customer contracts must be fair and approved by ICRC. Utilities must publish clear pricing information, especially for vulnerable customers.\n- **Imposes an energy industry levy**: Energy companies pay a levy to cover national and local regulatory costs.\n- **Manages streetlights and stormwater**: The Territory can install and maintain streetlight and stormwater networks, with similar powers and obligations as utilities.\n- **Provides emergency powers**: The Minister can appoint a controller to take over a failing utility, and the Territory can restrict essential services during shortages.\n\n**Who it affects:**\n- **Utilities** (licensed companies providing electricity, gas, water, sewerage)\n- **NERL retailers** (energy retailers under national energy retail law)\n- **Customers** (residents and businesses using these services)\n- **Landowners** (whose property may be accessed for network works)\n\n**Why it matters:**\nThis Act ensures Canberrans have reliable access to essential services at reasonable prices, with strong protections against unfair disconnection, misleading pricing, and poor service. It balances utility commercial interests with public safety, environmental sustainability, and consumer rights."}},"importantCases":[],"_links":{"self":"/api/acts/utilities-act-2000","history":"/api/acts/utilities-act-2000/history","analysis":"/api/acts/utilities-act-2000/analysis","conflicts":"/api/acts/utilities-act-2000/conflicts","importantCases":"/api/acts/utilities-act-2000/important-cases","documents":"/api/acts/utilities-act-2000/documents"}}