{"id":"sl-2004-61","name":"Utilities (Electricity Restrictions) Regulation 2004","slug":"utilities-electricity-restrictions-regulation-2004","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"61 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173886,"registerId":"act-sl-2004-61-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Utilities (Electricity Restrictions) Regulation 2004","content":"Australian Capital Territory\nUtilities (Electricity Restrictions)\nRegulation 2004\nSL2004-61\nmade under the\nUtilities Act 2000\nRepublication No 5\nEffective: 14 October 2015\nRepublication date: 14 October 2015\nLast amendment made by A2015-33\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Utilities (Electricity Restrictions) Regulation 2004, made under\nthe Utilities Act 2000 (including any amendment made under the Legislation Act 2001, part\n11.3 (Editorial changes)) as in force on 14 October 2015. It also includes any commencement,\namendment, repeal or expiry affecting this republished law to 14 October 2015.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $150 for\nan individual and $750 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n14/10/15\nUtilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUtilities (Electricity Restrictions)\nRegulation 2004\nmade under the\nUtilities Act 2000\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against regulation—application of Criminal Code etc 3\nPart 2 Electricity restriction scheme\n6 Approved electricity restriction scheme 4\n7 Scope of electricity restriction scheme 4\n8 Public inspection of scheme documents 4\n\nContents\nPage\ncontents 2 Utilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\nR5\n14/10/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Declaration of electricity restriction stages 5\n10 Utility may impose electricity restriction measures 5\n11 Reports on electricity restrictions 6\n12 State of emergency 6\nPart 3 Enforcement\n13 Meaning of electricity restriction for pt 3 7\n14 Contravening electricity restrictions 7\n15 Directions by authorised people 7\n16 Contravening directions of authorised person 8\n17 Power to enter premises 8\n18 Production of identity card 9\n19 Ending unauthorised use of electricity 9\n20 Damage etc to be minimised 10\n21 Immunity from Liability 11\nDictionary 12\nEndnotes\n1 About the endnotes 13\n2 Abbreviation key 13\n3 Legislation history 14\n4 Amendment history 15\n5 Earlier republications 16\n\nR5\n14/10/15\nUtilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUtilities (Electricity Restrictions)\nRegulation 2004\nmade under the\nUtilities Act 2000\n\nPart 1 Preliminary\nSection 1\npage 2 Utilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\nR5\n14/10/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Utilities (Electricity Restrictions) Regulation\n2004.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘emergency controller—see the\nEmergencies Act 2004, dictionary’ means that the term ‘emergency\ncontroller’ is defined in that dictionary and the definition applies to this\nregulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise\nappears (see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of\nthis regulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n\nPreliminary Part 1\nSection 5\nR5\n14/10/15\nUtilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against regulation—application of Criminal\nCode etc\nOther legislation applies in relation to offences against this\nregulation.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms\nused for 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\nPart 2 Electricity restriction scheme\nSection 6\npage 4 Utilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\nR5\n14/10/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Electricity restriction scheme\n6 Approved electricity restriction scheme\n(1) The Minister may approve a scheme to restrict the use of electricity\n(the approved electricity restriction scheme) if satisfied that the\nscheme is necessary to—\n(a) facilitate, as far as practicable, the provision of efficient,\nreliable and sustainable electricity services by utilities to\nconsumers; or\n(b) protect the interests of consumers; or\n(c) manage the safety and security of the electricity network; or\n(d) protect public safety.\n(2) An approval is a disallowable instrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act.\n7 Scope of electricity restriction scheme\n(1) The Minister may approve an electricity restriction scheme under\nsection 6 only if the scheme provides for—\n(a) the imposition of restrictions in different stages; and\n(b) a range of restriction measures that may be imposed under each\nstage.\n(2) An approved electricity restriction scheme may include provision\nfor a utility to exempt a consumer from an electricity restriction if\nthe restriction would cause the consumer serious detriment.\n8 Public inspection of scheme documents\n(1) The director-general must name a place where copies of a document\nor documents setting out the approved electricity restriction scheme\nmay be inspected.\n\nElectricity restriction scheme Part 2\nSection 9\nR5\n14/10/15\nUtilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) An instrument under subsection (1) is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n9 Declaration of electricity restriction stages\n(1) The Minister may declare that a stage of an approved electricity\nrestriction scheme is in force.\n(2) The declaration must be in accordance with the approved electricity\nrestriction scheme.\n(3) The declaration must state—\n(a) the stage to which it applies; and\n(b) the restriction measures, including their duration or maximum\nduration, that may be imposed under that stage; and\n(c) that a utility may, under section 10, impose those restriction\nmeasures; and\n(d) the period (not longer than 3 months) the declaration is in\nforce.\n(4) To remove any doubt, the Minister may make more than 1\ndeclaration in relation to the same stage of electricity restrictions.\n(5) A declaration is a notifiable instrument.\nNote 1 A notifiable instrument must be notified under the Legislation Act.\nNote 2 The power to make a declaration includes the power to revoke the\ndeclaration (see Legislation Act, s 46).\n10 Utility may impose electricity restriction measures\n(1) A utility may, in writing, impose electricity restriction measures\nunder an electricity restriction stage in force under section 9.\n(2) The imposition must be in accordance with the approved electricity\nrestriction scheme.\n\nPart 2 Electricity restriction scheme\nSection 11\npage 6 Utilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\nR5\n14/10/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) As soon as possible after imposing electricity restriction measures,\nthe utility must—\n(a) ensure that notice of the imposition is broadcast in the ACT by\ntelevision or radio; and\n(b) give notice of the imposition on the utility’s internet website;\nand\n(c) give public notice of the imposition.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(4) To remove any doubt, the utility may make more than 1 imposition\nof electricity restriction measures under an electricity restriction\nstage in force under section 9.\n(5) A failure to comply with subsection (3) does not affect the validity\nof the imposition.\n11 Reports on electricity restrictions\n(1) The director-general may require a utility to give the\ndirector-general reports about the effectiveness and operation of\nrestrictions imposed under an approved electricity restriction\nscheme.\n(2) The requirement may include requirements about the content,\nfrequency and timing of reports.\n(3) A utility must comply with the requirement.\n12 State of emergency\nRestrictions imposed under this regulation have effect subject to the\nexercise of a function by an emergency controller under the\nEmergencies Act 2004.\n\nEnforcement Part 3\nSection 13\nR5\n14/10/15\nUtilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Enforcement\n13 Meaning of electricity restriction for pt 3\nIn this part:\nelectricity restriction means an electricity restriction imposed under\nsection 9 (Declaration of electricity restriction stages).\n14 Contravening electricity restrictions\n(1) A person commits an offence if—\n(a) the person is the occupier of premises; and\n(b) electricity is used on the premises in contravention of an\nelectricity restriction; and\n(c) the electricity restriction has been notified under section 10\n(Utility may impose electricity restriction measures).\nMaximum penalty: 10 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that the defendant did not know the electricity\nrestriction had been imposed.\n15 Directions by authorised people\n(1) This section applies if an authorised person believes on reasonable\ngrounds that—\n(a) electricity has been used, or is being used, on premises in\ncontravention of an electricity restriction; or\n(b) electricity has been used on premises in contravention of an\nelectricity restriction and that a further contravention is likely.\n\nPart 3 Enforcement\nSection 16\npage 8 Utilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\nR5\n14/10/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The authorised person may give the occupier of the premises a\nwritten direction to take action stated in the direction to ensure that\nelectricity is used in accordance with the electricity restrictions.\n(3) It is sufficient if the direction is addressed to ‘the occupier’ of the\npremises.\n(4) The direction may state a period in which the person must comply\nwith the direction.\n(5) The direction may also be given—\n(a) by leaving it in the letterbox at the premises; or\n(b) by securing it in a conspicuous place at the premises.\nNote For other ways in which the direction may be given, see the Legislation\nAct, pt 19.5.\n16 Contravening directions of authorised person\n(1) A person commits an offence if—\n(a) an authorised person has given the person a direction under\nsection 15; and\n(b) the person contravenes the direction.\nMaximum penalty: 10 penalty units.\n(2) An offence against this section is a strict liability offence.\n17 Power to enter premises\n(1) This section applies if an authorised person believes on reasonable\ngrounds that electricity has been used, or is being used, on premises\nin contravention of an electricity restriction.\n(2) For this regulation, an authorised person may enter any part of the\npremises (other than a part used for residential purposes) at any\nreasonable time, and—\n(a) inspect the premises and anything on the premises; and\n\nEnforcement Part 3\nSection 18\nR5\n14/10/15\nUtilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) take action under section 19 (Ending unauthorised use of\nelectricity).\n(3) For subsection (2), the authorised person may enter the premises\nwith any necessary assistance and force.\n18 Production of identity card\nAn authorised person must not remain on premises entered under\nthis part if, when asked by the occupier, the authorised person does\nnot produce the authorised person’s identity card for inspection by\nthe occupier.\n19 Ending unauthorised use of electricity\n(1) An authorised person may arrange to stop the supply of electricity\nfrom the electricity network to premises if the person believes on\nreasonable grounds that a person is contravening a direction under\nsection 15 (Directions by authorised people); or\n(2) An authorised person may also arrange to stop the supply of\nelectricity from the electricity network to premises if the authorised\nperson believes on reasonable grounds that—\n(a) electricity is being used on premises in contravention of an\nelectricity restriction; and\n(b) a direction under section 15 is unlikely to end the\ncontravention because, for example—\n(i) the premises are unoccupied (whether temporarily or\npermanently); or\n(ii) after making reasonable inquiries, the authorised person\ncannot find the occupier of the premises; or\n(iii) the occupier is unlikely to comply with the direction; and\n\nPart 3 Enforcement\nSection 20\npage 10 Utilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\nR5\n14/10/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the contravention is likely to continue unless action is taken\nunder this section.\nNote An example is part of the regulation, is not exhaustive and may\nextend, but does not limit, the meaning of the provision in which\nit appears (see Legislation Act, s 126 and s 132).\n(3) The authorised person must give the occupier of the premises a\nwritten notice stating that the supply of electricity will be stopped.\n(4) It is sufficient if the notice is addressed to ‘the occupier’ of the\npremises.\n(5) The notice may also be given—\n(a) by leaving it in the letterbox at the premises; or\n(b) by securing it in a conspicuous place at the premises.\nNote For other ways in which the direction may be given, see the Legislation\nAct, pt 19.5.\n20 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this\nregulation, an authorised person must take reasonable steps to\nensure that the authorised person, and anyone helping the authorised\nperson, causes as little inconvenience, detriment and damage as is\npracticable.\n(2) If an authorised person, or anyone helping an authorised person,\ndamages anything in the exercise, or purported exercise, of a\nfunction under this regulation, the authorised person must give\nwritten notice of the particulars of the damage to the person whom\nthe authorised person believes is the owner of the thing.\n(3) It is sufficient if the notice is addressed to ‘the occupier’ of the\npremises where the damage happened.\n\nEnforcement Part 3\nSection 21\nR5\n14/10/15\nUtilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The notice may also be given—\n(a) by leaving it in the letterbox at the premises where the damage\nhappened; or\n(b) by securing it in a conspicuous place at those premises.\nNote For other ways in which the direction may be given, see the Legislation\nAct, pt 19.5.\n21 Immunity from Liability\n(1) A utility, an authorised person, a person helping an authorised\nperson or anyone acting under the direction of a utility, is not liable\nfor anything done or omitted to be done honestly—\n(a) in the exercise of a function under this regulation; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this regulation.\n(2) Any liability that, apart from subsection (1), would attach to a\nperson attaches instead to the Territory.\n\nDictionary\npage 12 Utilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\nR5\n14/10/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n contravene\n director-general (see s 163)\n Minister (see s 162).\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Utilities Act 2000 (see Legislation Act, s 148.) For example, the\nfollowing terms are defined in the Utilities Act 2000, dict:\n authorised person\n premises.\napproved electricity restriction scheme—see section 6.\nelectricity restriction, for part 3 (Enforcement)—see section 13.\nemergency controller––see the Emergencies Act 2004, dictionary.\nidentity card means an identity card issued under section 115 of the\nAct identifying a person as an authorised person for this regulation.\nutility means electricity distributor.\n\nEndnotes\nAbout the endnotes 1\nR5\n14/10/15\nUtilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\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\nlaw but 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\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined 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.\n2 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\nEndnotes\n3 Legislation history\npage 14 Utilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\nR5\n14/10/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nUtilities (Electricity Restrictions) Regulation 2004 SL2004-61\nnotified LR 21 December 2004\ns 1, s 2 commenced 21 December 2004 (LA s 75 (1))\nremainder commenced 22 December 2004 (s 2)\nas amended by\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.75\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.75 commenced 22 September 2009 (s 2)\nEmergencies Amendment Act 2010 A2010-17 sch 1 pt 1.2\nnotified LR 12 May 2010\ns 1, s 2 commenced 12 May 2010 (LA s 75 (1))\nsch 1 pt 1.2 commenced 20 August 2010 (s 2 and CN2010-8)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.164\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.164 commenced 1 July 2011 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.69\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.69 commenced 14 October 2015 (s 2)\n\nEndnotes\nAmendment history 4\nR5\n14/10/15\nUtilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nDictionary\ns 3 am A2010-17 amdt 1.5\nApproved electricity restriction scheme\ns 6 am A2009-20 amdt 3.217\nPublic inspection of scheme documents\ns 8 am A2009-20 amdt 3.217; A2011-22 amdt 1.456\nDeclaration of electricity restriction stages\ns 9 am A2009-20 amdt 3.217\nUtility may impose electricity restriction measures\ns 10 am A2015-33 amdt 1.242\nReports on electricity restrictions\ns 11 am A2011-22 amdt 1.457\nState of emergency\ns 12 am A2010-17 amdt 1.6\nContravening electricity restrictions\ns 14 am A2015-33 amdt 1.243\nDictionary\ndict am A2009-20 amdt 3.216; A2011-22 amdt 1.458; A2015-33\namdt 1.244\ndef emergency controller ins A2010-17 amdt 1.7\ndef territory controller om A2010-17 amdt 1.8\n\nEndnotes\n5 Earlier republications\npage 16 Utilities (Electricity Restrictions) Regulation 2004\nEffective: 14/10/15\nR5\n14/10/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\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\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n22 Dec 2004\n22 Dec 2004–\n21 Sept 2009\nnot amended new regulation\nR2\n22 Sept 2090\n22 Sept 2009–\n19 Aug 2010\nA2009-20 amendments by\nA2009-20\nR3\n20 Aug 2010\n20 Aug 2010–\n30 June 2011\nA2010-17 amendments by\nA2010-17\nR4\n1 July 2011\n1 July 2011–\n13 Oct 2015\nA2011-22 amendments by\nA2011-22\n© Australian Capital Territory 2015","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"other","section":"Sections 13, 9 and 10 (affecting sections 14, 15, 17 and 19)","severity":"high","reasoning":"Section 9(1) permits the Minister to declare that a stage is in force, while section 9(3)(c) states that a utility may impose restriction measures under section 10. Section 10(1) gives the utility that power. Section 9 does not impose an electricity restriction. Consequently, section 13 depends on an event section 9 does not produce, leaving the enforcement triggers in sections 14, 15, 17 and 19 without an electricity restriction satisfying the supplied definition.","confidence":0.99,"description":"Section 13 defines an “electricity restriction” as one imposed under section 9, but section 9 only declares a restriction stage. The operative power to impose restriction measures is in section 10.","source_quotes":["electricity restriction means an electricity restriction imposed under\nsection 9 (Declaration of electricity restriction stages).","The Minister may declare that a stage of an approved electricity\nrestriction scheme is in force.","A utility may, in writing, impose electricity restriction measures\nunder an electricity restriction stage in force under section 9."]}],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow scope as an emergency/contingency management tool for electricity supply disruptions. The 2015 amendments (A2015-33) were minor technical updates to notification requirements and offence provisions, not an expansion of substantive powers. The legislation has not grown beyond its original purpose of providing a staged restriction framework with enforcement mechanisms."},"complexity_factors":["Short regulation with only 21 substantive sections across 3 Parts","Minimal defined terms (only 4 specific definitions in the Dictionary, plus signpost references to other Acts)","Straightforward conditional structure: Minister approves scheme → Minister declares stage → Utility imposes measures → Enforcement powers activate","Limited cross-referencing (primarily to Utilities Act 2000 for definitions, Emergencies Act 2004 for emergency controllers, and Legislation Act 2001 for standard machinery provisions)","Simple offence structure with strict liability (no need to prove intent) but with a knowledge-based defence available (section 14(3))","No nested exceptions or complex deeming provisions","Clear separation of powers between Minister (policy/declaration), utility (implementation), and authorised persons (enforcement)"],"plain_english_summary":"This regulation lets the ACT Government establish and declare staged electricity restriction schemes during emergencies or supply shortages. The Minister approves schemes, utilities implement measures (including outages) and authorised officers enforce compliance.  \n\nIt affects households, businesses and electricity distributors, creates offences and fines for breaches, and gives officers powers to enter non‑residential premises, direct users and disconnect supply. It provides consumer protections (exemptions for serious detriment) and government indemnity for officers acting honestly—a legal framework to keep the grid stable in crises."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation has been amended several times (see endnotes 3–4). Amendments in 2009, 2010, 2011 and 2015 altered definitions, the approved scheme process, public inspection, declarations, utility powers to impose measures, reporting requirements and enforcement provisions (s 6 amended 2009; s 11 amended 2011; s 12 amended 2010; s 10 and s 14 amended 2015). Those changes increased administrative detail and clarified utility and enforcement powers, thereby changing the regulation’s operational scope and compliance obligations."},"complexity_factors":["Delegated decision‑making: Minister approves schemes and declares stages (s 6, s 9) giving significant administrative discretion.","Multiple instrument types: approvals are disallowable instruments; declarations and inspection notices are notifiable instruments, adding procedural steps and oversight (s 6, s 8, s 9).","Operational discretion vested in utilities: utilities may impose measures under declared stages, subject to scheme rules and short public‑notice obligations (s 10, s 11).","Enforcement powers on authorised persons: directions, entry of non‑residential parts, inspection and power to stop supply (ss 15, 17, 19) create concrete compliance risks for occupiers.","Strict liability offences and penalties: contravening restrictions or directions are strict liability offences with fixed maximum penalties (s 14, s 16).","Reporting and compliance burdens: utilities may be required to report on effectiveness and operation of restrictions, with specified content and timing (s 11).","Interaction with emergency framework: restrictions operate subject to emergency controller functions under the Emergencies Act, creating cross‑statute interaction and priority rules (s 12).","Liability allocation: immunity for persons acting honestly under the regulation, with residual liability transferred to the Territory, altering civil‑liability incentives (s 21).","Ambiguity about residential protections: entry powers exclude residential parts but other measures (eg stopping supply) may still affect occupiers, requiring discretionary judgement (ss 17–19)."],"plain_english_summary":"This regulation lets the ACT Minister approve staged electricity‑restriction schemes and authorises electricity distributors to impose and enforce restriction measures during declared stages. It affects electricity distributors, occupiers of premises and authorised persons by creating powers to require compliance, enter non‑residential premises, stop supply and impose penalties. The stated purposes are to support service reliability, protect consumers and manage network and public safety (ss 6, 9–11, 14–21)."}},"importantCases":[],"_links":{"self":"/api/acts/utilities-electricity-restrictions-regulation-2004","history":"/api/acts/utilities-electricity-restrictions-regulation-2004/history","analysis":"/api/acts/utilities-electricity-restrictions-regulation-2004/analysis","conflicts":"/api/acts/utilities-electricity-restrictions-regulation-2004/conflicts","importantCases":"/api/acts/utilities-electricity-restrictions-regulation-2004/important-cases","documents":"/api/acts/utilities-electricity-restrictions-regulation-2004/documents"}}