Electricity Act 1996

Part 1—Preliminary 1—Short title This Act may be cited as the Electricity Act 1996. 3—Objects The objects of this Act are— (a) to promote efficiency and competition in the electricity supply industry; and (b) to promote the establishment and maintenance of a safe and efficient system of electricity generation, transmission, distribution and supply; and (c) to establish and enforce proper standards of safety, reliability and quality in the electricity supply industry; and (d) to establish and enforce proper safety and technical standards for electrical installations (including such standards relating to the design of electrical installations); and (e) to protect the interests of consumers of electricity. 4—Interpretation (1) In this Act, unless the contrary intention appears— annual electricity consumption level means a level of consumption of electricity determined in accordance with the regulations (and the regulations may, for that purpose, make provision for the estimation or agreement of the level in specified circumstances); authorised officer means a person appointed under Part 7 as an authorised officer; bush fire means a fire that originates in, or spreads through, forest, scrub, grass or other vegetation; bushfire risk area—see subsection (4); Commission means the Essential Services Commission established under the Essential Services Commission Act 2002; condition includes a limitation or restriction; contravention includes a failure to comply; council means a council within the meaning of the Local Government Act 1999 and includes the Outback Areas Community Development Trust; council officer means a person authorised by a council to exercise powers conferred on a council officer under this Act; customer means a person who has a supply of electricity available from a transmission or distribution network for consumption by that person and includes— (a) the occupier for the time being of a place to which electricity is supplied; and (b) where the context requires, a person seeking an electricity supply; and (c) a person of a class declared by regulation to be customers; disconnect electricity supply includes a procedure to interrupt or discontinue the electricity supply to a customer; electrical equipment means any electrical appliance or wires, fittings, equipment or accessories beyond an electrical outlet at which fixed wiring terminates; electrical installation means a set of wires and associated fittings, equipment and accessories installed in a place for the conveyance, control, measurement or use of electricity that is, or is to be, or has been, supplied for consumption in the place, including anything declared by regulation to be or form part of an electrical installation, but does not include— (a) electricity infrastructure owned or operated by an electricity entity; or (b) any wires, fittings, equipment or accessories connected to and beyond any electrical outlet at which fixed wiring terminates (other than any such outlet used to connect sections of fixed wiring); or (c) anything declared by regulation not to be or form part of an electrical installation; electricity entity means a person licensed under Part 3 to carry on operations in the electricity supply industry and includes (where the context requires) a person who has been licensed to carry on operations in the electricity supply industry under that Part whose licence has been suspended or cancelled or has expired; electricity infrastructure means— (a) electricity generating plant; and (b) powerlines; and (c) substations for converting, transforming or controlling electricity; and (d) equipment for metering, monitoring or controlling electricity; and (e) any wires, equipment or other things (including tunnels and cavities) used for, or in connection with, the generation, transmission, distribution or supply of electricity; and (f) anything declared by regulation to form part of electricity infrastructure, but does not include anything declared by regulation not to form part of electricity infrastructure; electricity officer means a person appointed under Part 4 as an electricity officer; electricity supply industry means the industry involved in the generation, transmission, distribution, supply or sale of electricity or other operations of a kind prescribed by regulation; employing authority means the person designated by proclamation as being the employing authority for the purposes of this definition; generation of electricity means the operation of any kind of electricity generating plant and all incidental and related operations, but does not include anything declared by regulation not to be generation of electricity; install includes place; internal switching manual means an internal manual relating to switching that— (a) the holder of a licence authorising the generation of electricity; or (b) the holder of a licence authorising the operation of a transmission or distribution network; or (c) the holder of a licence authorising system control over a power system; or (d) a person exempted from the requirement to hold a licence of a kind referred to in paragraphs (a) to (c), is required (under the conditions of the licence or exemption) to prepare and maintain in accordance with the regulations for the purposes of safety in connection with switching relevant to the operations of the licence holder or person; land includes— (a) an estate or interest in land (including an easement); or (b) a right or power over or in respect of land; National Electricity Rules means the National Electricity Rules as defined in the National Electricity (South Australia) Law; National Electricity (South Australia) Law—see the Schedule of the National Electricity (South Australia) Act 1996; National Energy Retail Rules means the National Energy Retail Rules as defined in the National Energy Retail Law (South Australia); naturally occurring vegetation means vegetation that has not been planted or nurtured by any person; NERL retailer means— (a) a person who is the holder of a retailer authorisation under the National Energy Retail Law (South Australia); or (b) an exempt seller within the meaning of the National Energy Retail Law (South Australia); network services means— (a) the transmission and distribution of electricity between electricity entities and from electricity entities to customers (including connection to a transmission or distribution network); and (b) controlling and regulating the quality of electricity; non‑bushfire risk area means a part of the State not within the bushfire risk area; nurture, in relation to vegetation, means actively assist the growth of the vegetation; occupier of land or a place means a person who has or is entitled to possession or control of the land or place; operations includes activities; powerline means— (a) a set of cables for the transmission or distribution of electricity and their supporting or protective structures, conduits and equipment; and (b) associated equipment for the transmission or distribution of electricity, but does not include a telecommunications cable or associated equipment; power system means a system for the generation, transmission and distribution of electricity or a part of such a system; principles of vegetation clearance means the regulations dealing with the clearance of vegetation from, or the planting or nurturing of vegetation near, public and private powerlines; private land means— (a) land alienated or contracted to be alienated from the Crown in fee simple; or (b) land occupied under a lease or licence from the Crown; or (c) land dedicated to a particular purpose and placed under the care, control and management of any person (whether or not that person is a Minister, agency or instrumentality of the Crown), except any such land vested in, or under the care, control or management of, a council and dedicated to, or held for, a public purpose; private powerline means a powerline— (a) designed to convey electricity at a prescribed voltage or less; and (b) situated on, above or under private land for the purpose only of supplying electricity to some point on that land; public powerline means any powerline except a private powerline; regulated entity means— (a) an electricity entity; or (b) a NERL retailer; retailing of electricity means the sale of electricity to customers, but does not include an activity declared by regulation not to be retailing of electricity; small customer means a customer with an annual electricity consumption level less than the number of MW.h per year specified by regulation for that purpose, or any customer classified by regulation as a small customer; supply of electricity means the delivery of electricity to a customer; system controller means a person licensed under Part 3 to exercise system control over a power system; Technical Regulator means the person holding the office of Technical Regulator under Part 2; telecommunications means the transmission of telephonic, radio, computer, television or other signals; transmission or distribution network means the whole or a part of a system for the transmission or distribution of electricity, but does not include anything declared by regulation not to be a transmission or distribution network or part of a transmission or distribution network; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; vegetation clearance scheme means a vegetation clearance scheme agreed or determined under Part 5. (2) A reference in this Act to a powerline, a network, infrastructure or other property of an entity includes a reference to a powerline, a network, infrastructure or other property that is not owned by the entity but is operated by the entity. (3) A proclamation made for the purposes of the definition of employing authority— (a) may apply by reference to a specified person, or by reference to the person for the time being holding or acting in a specified office or position; and (b) may, from time to time as the Governor thinks fit, be varied or substituted by a new proclamation. (4) For the purposes of this Act, the regulations may designate an area of the State to be the bushfire risk area. 5—Crown bound (1) This Act binds the Crown. (2) Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence. (3) For the purposes of this section, a reference to the Crown extends— (a) not only to the Crown in right of this State but also (so far as the legislative power of the State permits) to the Crown in any other capacity; and (b) to an instrumentality of the Crown, and to an officer or employee of the Crown and any contractor or other person who carries out functions on behalf of the Crown. 6—Other statutory requirements not affected This Act is in addition to and does not derogate from the provisions of the National Electricity (South Australia) Act 1996, the Environment Protection Act 1993 or any other Act.

Part 2—Administration

Division 1—Essential Services Commission 6A—Functions and powers of Commission (1) The Commission has (in addition to the Commission's functions and powers under the Essential Services Commission Act 2002)— (a) the licensing, price regulation and other functions and powers conferred by this Act; and (b) if the Commission is appointed under the National Electricity Rules as the body to perform or exercise certain functions and powers—those functions and powers; and (c) any other functions and powers conferred by regulation under this Act. (2) If regulated entities are required (whether by licence condition or otherwise) to participate in an ombudsman scheme, the Commission must, in performing licensing functions under this Act, liaise with the ombudsman appointed under the scheme. (3) Without limiting subsection (1), the Governor may, by regulation, confer functions and powers on the Commission, or vary the functions and powers of the Commission, as the Governor considers necessary or expedient for the purposes of the National Electricity (South Australia) Law, National Electricity Rules, National Energy Retail Law (South Australia) and National Energy Retail Rules. (4) In performing functions under this Act, the Commission must (in addition to having regard to factors specified in this Act or the Essential Services Commission Act 2002) have regard to the provisions of the National Electricity Rules and National Energy Retail Rules and the need to avoid duplication of, or inconsistency with, regulatory requirements under those Rules.

Division 3—Technical Regulator 7—Technical Regulator (1) There is to be a Technical Regulator. (2) The Technical Regulator is to be appointed by the Minister and is an agency of the Crown. (3) The office of Technical Regulator may be held in conjunction with a position in the Public Service. (4) The Minister may assign an employee in the Public Service to act as the Technical Regulator— (a) during a vacancy in the office of Technical Regulator; or (b) when the Technical Regulator is absent from, or unable to discharge, official duties. 8—Functions of Technical Regulator The Technical Regulator has the following functions: (a) the monitoring and regulation of safety and technical standards in the electricity supply industry; and (b) the monitoring and regulation of safety and technical standards with respect to electrical installations; and (c) the administration of the provisions of this Act relating to the clearance of vegetation from powerlines; and (ca) the monitoring and investigation of major interruptions to the electricity supply in the State and the provision of reports relating to such interruptions in accordance with any requirements prescribed by the regulations; and (d) any other functions prescribed by regulation or assigned to the Technical Regulator by or under this or any other Act. 9—Delegation (1) The Technical Regulator may delegate powers to a person or body of persons that is, in the Technical Regulator's opinion, competent to exercise the relevant powers. (2) A delegation under this section— (a) must be in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) does not prevent the delegator from acting in any matter. 10—Technical Regulator's power to require information (1) The Technical Regulator may, by written notice, require a person to give the Technical Regulator, within a time stated in the notice (which must be reasonable), information in the person's possession that the Technical Regulator reasonably requires for the performance of the Technical Regulator's functions (whether under this Act or any other Act). (2) A person required to give information under this section must provide the information within the time stated in the notice. (3) Subject to subsection (4), a natural person is not required to give information under this section if the information would tend to incriminate the person of an offence. (4) If a natural person is required to give information under this section relating to the safety of electricity infrastructure, an electrical installation or electrical equipment, and the information would tend to incriminate the person of an offence, the person must nevertheless give the information, but the information so given will not be admissible in evidence against the person in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration). 11—Obligation to preserve confidentiality (1) The Technical Regulator must preserve the confidentiality of information gained by the Technical Regulator under this Act (including information gained by an authorised officer under Part 7) that— (a) could affect the competitive position of an electricity entity or other person; or (b) is commercially sensitive for some other reason. (1a) Despite subsection (1), the Technical Regulator may disclose confidential information in the following circumstances: (a) as reasonably required in connection with the administration or enforcement of this Act (including to the Minister, the Commission and persons assisting the Commission) or as otherwise related to the performance of the Technical Regulator's functions (whether under this Act or any other Act); (b) to a person concerned in the administration or enforcement of another law of the State, or a law of the Commonwealth or another State or a Territory of the Commonwealth, for purposes related to the administration or operation of that other law; (c) to a government agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for purposes related to the performance of its functions (or to a person acting on behalf of such a government agency or instrumentality); (d) with the consent of the person who gave the information or to whom the information relates; (e) as required by a court or tribunal constituted by law; (f) as authorised by the Minister. (2) Information classified by the Technical Regulator as confidential is not liable to disclosure under the Freedom of Information Act 1991. 14—Annual report (1) The Technical Regulator must, within three months after the end of each financial year, deliver to the Minister a report on the Technical Regulator's operations under this Act during that financial year. (3) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after his or her receipt of the report.

Division 4—Advisory committees 14A—Consumer advisory committee The Commission must establish an advisory committee comprising representatives of consumers (the consumer advisory committee)— (a) to provide advice to the Commission in relation to the performance of the Commission's functions under the Act; and (b) to provide advice to the Commission, either on its own initiative or at the request of the Commission, on any other matter relating to the electricity supply industry. 14B—Technical advisory committee The Technical Regulator must establish an advisory committee (the technical advisory committee) including representatives of— (a) electricity entities; and (b) contractor and employee associations involved in the electricity supply industry; and (c) local government, to provide advice to the Technical Regulator, either on its own initiative or at the request of the Technical Regulator, on any matter relating to the functions of the Technical Regulator. 14C—Other advisory committees The Minister, the Commission or the Technical Regulator may establish other advisory committees to provide advice on specified aspects of the administration of this Act.

Part 3—Electricity supply industry Division A1—Declaration as regulated industry 14D—Declaration as regulated industry The electricity supply industry is declared to be a regulated industry for the purposes of the Essential Services Commission Act 2002. Division A2—Application of provisions 14E—Application of provisions (1) Divisions 1, 3 and 4 do not apply to a NERL retailer. (2) Division 3AB applies to a NERL retailer (despite the fact that it does not hold a licence under this Act). (3) If a NERL retailer fails to comply with a provision of Division 3AB, the NERL retailer is guilty of an offence. (4) An offence against subsection (3) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $20 000. Division 1—Licensing of electricity entities 15—Requirement for licence (1) A person must not carry on operations in the electricity supply industry for which a licence is required unless the person holds a licence under this Part authorising the relevant operations. (2) The operations in the electricity supply industry for which a licence is required are— (a) generation of electricity; or (b) operation of a transmission or distribution network; or (c) retailing of electricity; or (ca) system control over a power system; or (d) other operations for which a licence is required by the regulations. (3) Nothing in this section requires AEMO to hold a licence. 16—Application for licence (1) An application for the issue of a licence must— (a) be made to the Commission in a form approved by the Commission; and (b) contain the information specified in the form. (2) The applicant must pay to the Commission an application fee fixed by the Minister of an amount that the Minister considers appropriate to meet the reasonable costs of determining the application. (3) The Commission may, as the Commission considers appropriate, accept a single application from an applicant in respect of different operations of the applicant or operations of the applicant at different locations or may require separate applications. (4) The applicant must give the Commission further relevant information requested by the Commission. 17—Consideration of application (1) The Commission must consider an application for the issue of a licence and may, subject to this Division, issue, or refuse to issue, the licence. (2) The Commission must have regard to the general factors specified in Part 2 of the Essential Services Commission Act 2002 and, subject to this section, may only issue a licence if satisfied that— (a) the applicant is a suitable person to hold the licence; and (ac) the issue of the licence will not result in the same person holding both a licence authorising the operation of a distribution network and a licence authorising retailing of electricity; and (b) in the case of a licence authorising the generation of electricity—the generating plant (or proposed generating plant) will generate electricity of the appropriate quality for the relevant transmission or distribution network; and (c) in the case of a licence authorising the operation of a transmission or distribution network—the network has (or the proposed network will have) the necessary capacity for transmitting or distributing electricity safely; and (d) in the case of a licence authorising retailing of electricity—the applicant will be able to meet reasonably foreseeable obligations under contracts for the sale of electricity; and (da) in the case of a licence authorising system control over a power system—the applicant will be able to adequately exercise system control functions; and (e) in the case of a licence authorising other operations in the electricity supply industry for which a licence is required under the regulations—the applicant meets any special requirements imposed by the regulations for the holding of the licence; and (f) in the case of a licence of any class—the grant of the licence would be consistent with criteria (if any) prescribed by regulation for a licence of the relevant class. (3) In deciding whether an applicant is a suitable person to hold a licence, the Commission may consider— (a) the applicant's previous commercial and other dealings and the standard of honesty and integrity shown in those dealings; and (b) the financial, technical and human resources available to the applicant; and (c) the officers and, if applicable, major shareholders of the applicant and their previous commercial and other dealings and the standard of honesty and integrity shown in those dealings (including breaches of statutory and other legal obligations); and (d) other matters prescribed by regulation. (4) If— (a) a person carries on or proposes to carry on operations for which a licence is required as agent of another person; and (b) the agent makes application for the issue of such a licence on the agent's own behalf and on behalf of the principal; and (c) the Commission is satisfied that the criteria for the issue of the licence are met in relation to the agent, the Commission may, at the Commission's discretion, dispense with the requirement that the Commission be satisfied that the criteria are met in relation to the principal and issue the licence to the agent and the principal to be held by them jointly. (5) If an applicant for the issue of a licence is a Registered participant, as defined in the National Electricity (South Australia) Law, the Commission may, in determining the application, in order to avoid duplication of, or inconsistency with, regulatory requirements under the National Electricity Rules, dispense with a requirement under this section that the Commission be satisfied as to a particular matter. 17A—Licences may be held jointly (1) A licence may be held jointly by two or more persons. (2) If a licence is held jointly by two or more persons, those persons are jointly and severally liable to meet requirements imposed under this Act or the Essential Services Commission Act 2002. 18—Authority conferred by licence (1) A licence authorises the person named in the licence to carry on operations in the electricity supply industry in accordance with the terms and conditions of the licence. (2) The operations authorised by a licence need not be all of the same character or at the same location but may consist of a combination of different operations or operations at different locations. 19—Term of licence A licence may be issued for an indefinite period or for a term specified in the licence. 20—Licence fees and returns (1) A person is not entitled to the issue of a licence unless the person first pays to the Commission the annual licence fee, or the first instalment of the annual licence fee, as the case may require. (2) The holder of a licence issued for a term of two years or more must— (a) in each year lodge with the Commission, before the date prescribed for that purpose, an annual return containing the information required by the Commission by condition of the licence or by written notice; and (b) in each year (other than a year in which the licence is due to expire) pay to the Commission, before the date prescribed for that purpose, the annual licence fee, or the first instalment of the annual licence fee, as the case may require. (3) The annual licence fee for a licence is the fee fixed, from time to time, by the Minister in respect of that licence as an amount that the Minister considers to be a reasonable contribution towards administrative costs. (4) An annual licence fee may, if the Commission so determines, be paid in equal instalments at intervals fixed by the Commission. (5) If the holder of a licence fails to lodge the annual return or pay the annual licence fee (or an instalment of the annual licence fee) in accordance with this section, the Commission may, by written notice, require the holder to make good the default and, in addition, to pay to the Commission the amount prescribed as a penalty for default. (6) An annual licence fee (including any instalment of an annual licence fee or any penalty for default) payable under this section is recoverable as a debt due to the Crown. administrative costs means— (a) the costs of administration of this Act; and (b) any costs of administration of the Essential Services Commission Act 2002 relating to the electricity supply industry; and (c) the costs of AEMO relating to the electricity supply industry that are designated by the Minister as being appropriate for recovery under this section; and (d) other costs prescribed by regulation; holder of a licence includes the holder of a licence that has been suspended. 21—Licence conditions (1) The Commission must make a licence subject to conditions determined by the Commission— (a) requiring compliance with applicable codes or rules made under the Essential Services Commission Act 2002 as in force from time to time; and (b) requiring compliance with specified technical or safety requirements or standards; and (c) relating to the electricity entity's financial or other capacity to continue operations under the licence; and (e) requiring the electricity entity to have all or part of the operations authorised by the licence audited and to report the results of the audit to the Commission; and (f) requiring the electricity entity to notify the Commission about changes to officers and, if applicable, major shareholders of the entity; and (g) requiring the electricity entity to provide, in the manner and form determined by the Commission, such other information as the Commission may from time to time require; and (h) requiring the electricity entity to comply with the requirements of any scheme approved and funded by the Minister for the provision by the State of customer concessions or the performance of community service obligations by electricity entities. (2) The Commission must make a licence subject to further conditions that the Commission is required by regulation to impose on the issue of such a licence. (3) The Commission may make a licence subject to further conditions considered appropriate by the Commission. (4) The Commission must provide to the Minister any information that the Minister requires for the purposes of the administration of a scheme for the provision by the State of customer concessions, or the performance of community service obligations, relating to the sale or supply of electricity. 22—Licences authorising generation of electricity (1) The Commission must make a licence authorising the generation of electricity subject to conditions determined by the Commission— (a) requiring compliance with directions of the system controller; and (b) requiring the electricity entity not to do anything affecting the compatibility of the entity's electricity generating plant with any transmission or distribution network so as to prejudice public safety or the security of the power system of which the generating plant forms a part; and (c) requiring the electricity entity— (i) to prepare, maintain and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation; and (ii) to obtain the approval of the Technical Regulator— (A) to the plan (prior to the commencement of the operation of the generating plant to which the plan relates); and (B) to any revision of the plan; and (iii) to comply with the plan as approved from time to time; and (iv) to audit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator; and (d) requiring the electricity entity to provide to AEMO such information as it may reasonably require for the performance of its functions; and (e) requiring the electricity entity— (i) to grant to each electricity entity holding a licence authorising the operation of a transmission or distribution network rights to use or have access to the entity's electricity generating plant that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and (ii) in the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Commission as to those terms; and (iii) to comply with any code provisions in force from time to time under the Essential Services Commission Act 2002 establishing a scheme for the resolution of disputes in relation to such rights; and (f) requiring the electricity entity to maintain insurance against any liability for causing a bushfire and to provide the Commission with a certificate of the insurer or the insurance broker by whom the insurance was arranged certifying (in a manner approved by the Commission) that the insurance is adequate and appropriate given the nature of the operations carried on under the entity's licence and the risks entailed in those operations. (1a) In addition, it is a condition of a licence authorising the generation of electricity that the holder of the licence— (2) This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the generation of electricity. 23—Licences authorising operation of transmission or distribution network (1) The Commission must make a licence authorising the operation of a transmission or distribution network subject to conditions determined by the Commission— (a) requiring compliance with directions of the system controller; and (b) requiring the electricity entity not to do anything affecting the compatibility of the entity's transmission or distribution network with any electricity generating plant or transmission or distribution network so as to prejudice public safety or the security of the power system of which the transmission or distribution network forms a part; and (c) requiring the electricity entity— (i) to prepare, maintain and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation; and (ii) to obtain the approval of the Technical Regulator— (A) to the plan (prior to the commencement of the operation of the transmission or distribution system to which the plan relates); and (B) to any revision of the plan; and (iii) to comply with the plan as approved from time to time; and (iv) to audit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator; and (d) requiring the electricity entity to provide to AEMO such information as it may reasonably require for the performance of its functions; and (e) requiring the electricity entity to maintain specified accounting records and to prepare accounts according to specified principles; and (f) requiring the electricity entity to inform persons seeking or in receipt of network services of the terms on which the services are provided (including the charges for the services) and of any changes in those terms; and (g) requiring the electricity entity to carry out work to locate powerlines underground in accordance with a program established under Part 5A; and (h) requiring the electricity entity to comply with— (i) specified provisions for or relating to the granting to other electricity entities of rights to use or have access to the entity's transmission or distribution network (on non-discriminatory terms) for the transmission or distribution of electricity by the other entities; and (ii) any scheme that the Commission may establish by a code made under the Essential Services Commission Act 2002 for the resolution of disputes in relation to such rights; and (i) requiring the electricity entity to comply with— (i) specified provisions for or relating to the granting to all electricity entities and customers of a class specified in the condition of rights to use or have access to the entity's transmission or distribution network (on non-discriminatory terms) to obtain electricity from the network; and (ii) any scheme that the Commission may establish by a code made under the Essential Services Commission Act 2002 for the resolution of disputes in relation to such rights; and (j) requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) establishing a scheme— (i) for other bodies to use or have access to the entity's transmission or distribution network for telecommunications purposes (subject to requirements as to technical feasibility and preservation of visual amenity); and (ii) for the resolution of disputes in relation to such use or access by a person other than the Commission who is appointed by the Commission; and (k) requiring the electricity entity to participate in an ombudsman scheme— (i) that applies to the electricity supply industry and to other regulated industries (within the meaning of the Essential Services Commission Act 2002) prescribed by regulation; and (ii) the terms and conditions of which are approved by the Commission; and (l) requiring the electricity entity to maintain insurance against any liability for causing a bushfire and to provide the Commission with a certificate of the insurer or the insurance broker by whom the insurance was arranged certifying (in a manner approved by the Commission) that the insurance is adequate and appropriate given the nature of the operations carried out under the entity's licence and the risks entailed in those operations; and (m) in the case of a licence authorising the operation of a transmission network— (i) requiring the business of the operation of the transmission network authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions; and (ii) requiring the electricity entity— (A) to grant to each electricity entity holding a licence authorising the generation of electricity or the operation of a distribution network rights to use or have access to the entity's transmission network that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and (B) in the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Commission as to those terms; and (C) to comply with any code provisions in force from time to time under the Essential Services Commission Act 2002 establishing a scheme for the resolution of disputes in relation to such rights; and (n) in the case of a licence authorising the operation of a distribution network— (i) requiring the business of the operation of the distribution network authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions; and (ii) requiring the electricity entity— (A) to grant to each electricity entity holding a licence authorising the generation of electricity or the operation of a transmission network rights to use or have access to the entity's distribution network that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and (B) in the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Commission as to those terms; and (C) to comply with any code provisions in force from time to time under the Essential Services Commission Act 2002 establishing a scheme for the resolution of disputes in relation to such rights; and (iii) requiring the electricity entity to establish customer consultation processes of a specified kind; and (iv) requiring or relating to standard contractual terms and conditions to apply to the supply of electricity to small customers or customers of a prescribed class; and (v) requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) imposing minimum standards of service for customers that are at least equivalent to the actual levels of service for such customers prevailing during the year prior to the commencement of this section and take into account relevant national benchmarks developed from time to time, and requiring the entity to monitor and report on levels of compliance with those minimum standards; and (vi) requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) limiting the grounds on which the supply of electricity to customers may be disconnected and prescribing the process to be followed before the supply of electricity is disconnected; and (vii) requiring a specified process to be followed to resolve disputes between the electricity entity and customers as to the supply of electricity; and (viii) requiring the electricity entity to enter into and comply with an agreement (on terms approved from time to time by the Commission) with each person holding a licence authorising the retailing of electricity who provides services to the same customers as the entity as to the co-ordination of the provision of services to those customers; and (x) requiring the electricity entity— (A) to investigate, before it makes any significant expansion of the distribution network or the capacity of the distribution network, whether it would be cost effective to avoid or postpone such expansion by implementing measures for the reduction of demand for electricity from the network; and (B) to prepare and publish reports relating to such demand management investigations and measures. (1a) In addition, it is a condition of a licence authorising the operation of a transmission or distribution network that the holder of the licence— (2) A condition of an electricity entity's licence imposed under subsection (1)(h) is not to be taken to require the granting to other electricity entities of rights to use or have access to the entity's transmission or distribution network for the support or use of electricity infrastructure of the other entities. (5a) If an electricity entity fails, within a period of 90 days from a date specified by the Commission by written notice to the entity, to enter into an agreement with another electricity entity specified by the Commission as required by a condition of the entity's licence imposed under subsection (1)(n)(viii), the entities will, if the Commission so determines and notifies the entities in writing, be taken to have entered into such an agreement containing terms specified in the notice. (5b) The Commission may, by written notice to the electricity entities bound by— (a) an agreement entered into as required by conditions of their licences imposed under subsection (1)(n)(viii) and section 24(2)(h); or (b) an agreement imposed under subsection (5a), vary or substitute terms of the agreement. (6) This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the operation of a transmission or distribution network. 24—Licences authorising retailing (2) The Commission must make a licence authorising the retailing of electricity subject to conditions determined by the Commission— (a) requiring, if the holder of the licence is a related body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) in relation to the holder of a licence authorising the operation of a distribution network, the business of the retailing of electricity authorised by the licence to be kept separate from the business of the operation of the distribution network in the manner and to the extent specified in the conditions; and (b) if the electricity entity sells electricity to customers of a prescribed class, requiring the electricity entity to maintain specified accounting records and to prepare accounts according to specified principles; and (c) requiring the electricity entity to establish customer consultation processes of a specified kind; and (d) requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002 on or before the prescribed date) relating to the provision of pricing information to enable small customers to compare competing offers in the retailing of electricity; and (da) requiring the electricity entity to include (in a print size and form prescribed by regulation) in each account for electricity charges sent to a small customer information prescribed by regulation, including information relating to— (i) the customer's electricity consumption during the preceding 12 months; and (ii) the entity's daily charges for electricity during the period to which the account relates; and (iii) obtaining advice through the Commission about reducing electricity consumption and about electricity consumer choices; and (iv) greenhouse gas emissions associated with the customer's electricity consumption; and (e) requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) relating to standard contractual terms and conditions to apply to the sale of electricity to small customers; and (h) requiring the electricity entity to enter into and comply with an agreement (on terms approved from time to time by the Commission) with each person holding a licence authorising the operation of a distribution network who provides services to the same customers as the entity as to the co-ordination of the provision of services to those customers; and (i) requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) imposing minimum standards of service for customers that are at least equivalent to the actual levels of service for such customers prevailing during the year prior to the commencement of this section and take into account relevant national benchmarks developed from time to time, and requiring the entity to monitor and report on levels of compliance with those minimum standards; and (j) requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) limiting the grounds on which the supply of electricity to customers may be discontinued or disconnected and prescribing the process to be followed before the supply of electricity is discontinued or disconnected; and (k) requiring a specified process to be followed to resolve disputes between the electricity entity and customers as to the sale of electricity; and (l) if the electricity entity sells electricity to customers with an annual electricity consumption level of less than 750MW.h per year, requiring the electricity entity to participate in an ombudsman scheme— (i) that applies to the electricity supply industry and to other regulated industries (within the meaning of the Essential Services Commission Act 2002) prescribed by regulation; and (ii) the terms and conditions of which are approved by the Commission; and (m) requiring the electricity entity— (i) to investigate strategies for achieving a reduction of greenhouse gas emissions to such targets as may be set by the Environment Protection Authority from time to time or such levels as may be binding on the entity from time to time, including strategies for promoting the efficient use of electricity and the sale, as far as is commercially and technically feasible, of electricity produced through cogeneration or from sustainable sources; and (ii) to prepare and publish annual reports on the implementation of such strategies. (4) This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the retailing of electricity. 24A—Licences authorising system control (1) The Commission must make a licence authorising system control over a power system subject to conditions determined by the Commission requiring the business of system control authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions. (1a) In addition, it is a condition of a licence authorising system control over a power system that the holder of the licence— (2) This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising system control over a power system. 24B—Licence conditions and national energy laws Despite the preceding provisions of this Part, the Commission is not to impose a condition on a licence if the Commission is satisfied that the condition would duplicate, or be inconsistent with, regulatory requirements under the National Electricity (South Australia) Act 1996, National Electricity Rules, National Energy Retail Law (South Australia) or National Energy Retail Rules. 25—Offence to contravene licence conditions (1) An electricity entity must not contravene a condition of its licence. (2) An offence against subsection (1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed for the offence is a fine not exceeding $20 000. 27—Variation of licence (1) The Commission may vary the terms or conditions of an electricity entity's licence by written notice to the entity as the Commission considers appropriate (but not so as to remove a condition that the Commission is required by this Act to impose on such a licence). (2) A variation may only be made— (a) on application by the electricity entity or with the electricity entity's agreement; or (b) after giving the electricity entity reasonable notice of the proposed variation and allowing the entity a reasonable opportunity to make representations about the proposed variation. 28—Transfer of licence (1) A licence may only be transferred with the Commission's agreement. (2) The Commission may impose conditions on the transfer of a licence, or vary the terms and conditions of the licence on its transfer. (3) The Commission must not agree to the transfer of a licence if the transferee would not be entitled to the issue of the licence. (4) An application for agreement to the transfer of a licence must— (a) be made by the transferor with the consent of the transferee to the Commission in a form approved by the Commission; and (b) contain the information specified in the form. (5) The applicant must pay to the Commission an application fee fixed by the Minister of an amount that the Minister considers appropriate to meet the reasonable costs of determining the application. (6) The applicant must give the Commission further relevant information requested by the Commission. 28A—Consultation with consumer bodies The Commission may, before issuing a licence, agreeing to the transfer of a licence or determining or varying conditions of a licence, consult with and have regard to the advice of— (a) the Commissioner for Consumer Affairs; and (b) the consumer advisory committee established under Part 2. 28B—Notice of licence decisions (1) The Commission must give an applicant for a licence, or for agreement to the transfer of a licence, written notice of the Commission's decision on the application. (2) The Commission must give the holder of a licence written notice of any decision by the Commission affecting the terms or conditions of the licence. 29—Surrender of licence (1) An electricity entity may, by written notice given to the Commission, surrender its licence. (2) The notice must be given to the Commission at least six months before the surrender is to take effect or, if the licence requires a longer period of notice, as required by the licence. (3) The Commission may, by agreement with the electricity entity, shorten the required period of notice. 30—Register of licences (1) The Commission must keep a register of the licences currently held by electricity entities under this Act. (2) The register must include— (a) the terms and conditions of each licence; and (b) other information required under the regulations. (3) A person may, without payment of a fee, inspect the Register. 30A—Licence is not personal property for the purposes of Commonwealth Act A licence under this Part is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.

Division 2—System controller 31—Functions and powers of system controller (1) Subject to the regulations, a system controller for a power system has the function of monitoring and controlling the operation of the power system with a view to ensuring that the system operates safely and reliably. (2) A system controller for a power system has, in carrying out the system controller's functions under this Act— (a) power to issue directions to electricity entities that are engaged in the operation of the power system, or contribute electricity to, or take electricity from, the power system; and (b) the other powers conferred by regulation. (3) Without limiting subsection (2)(a), the directions may include directions— (a) to switch off or reroute a generator; (b) to call equipment into service; (c) to take equipment out of service; (d) to commence operation or maintain, increase or reduce active or reactive power output; (e) to shut down or vary operation; (f) to shed or restore customer loads. (4) If an electricity entity refuses or fails to comply with a direction of a system controller, the system controller may— (a) authorise a person to take the action required by the direction or to cause the action to be taken; and (b) give the electricity entity any directions the system controller considers necessary to facilitate the taking of the action. (5) Costs and expenses incurred in taking action or causing action to be taken under subsection (4) are recoverable from the electricity entity by the system controller as a debt in a court of competent jurisdiction. (6) The functions and powers of a system controller for a power system operated in the national electricity market, as defined in the National Electricity (South Australia) Law, may only be performed or exercised in a manner that is consistent with the National Electricity (South Australia) Law and the National Electricity Rules. 34—Remuneration of system controller A system controller will, in accordance with the regulations, be entitled to impose and recover charges in respect of the performance of the system controller's functions. 35—Obligation to preserve confidentiality (1) A system controller must preserve the confidentiality of information that— (a) could affect the competitive position of an electricity entity or other person; or (b) is commercially sensitive for some other reason. (2) Information classified by a system controller as confidential is not liable to disclosure under the Freedom of Information Act 1991.

Division 2A—Price regulation 35A—Price regulation by Commission (1) The Commission may make a determination under the Essential Services Commission Act 2002 regulating prices, conditions relating to prices and price-fixing factors for— (a) the sale and supply of electricity to small customers; (ba) the feeding‑in of electricity into a distribution network under Division 3AB; (c) subject to the National Electricity (South Australia) Law and the National Electricity Rules—network services; (d) other goods and services in the electricity supply industry specified by the Minister by notice in the Gazette. (2) In making a determination, the Commission must (in addition to having regard to the factors specified in the Essential Services Commission Act 2002) have regard to the principle that the prices charged to small customers for network services in relation to the transmission network in South Australia and the distribution networks that are connected to it should be at the same rates for all small customers regardless of their location. (2a) In addition to the requirements of section 25(4) of the Essential Services Commission Act 2002, the Commission must, in acting under subsection (1)(ba), have regard to the fair and reasonable value to a retailer of electricity fed into the network by qualifying customers within the meaning of Division 3AB. (3) The Minister may, by further notice in the Gazette, vary or revoke a notice under subsection (1)(d). (4) Despite the provisions of the Essential Services Commission Act 2002, the operation of a determination of a kind referred to in subsection (1)(a) is not to be stayed pending the determination of an application for review under Part 6 of that Act. 35B—Initial electricity pricing order (1) The Treasurer may issue an order (an electricity pricing order) regulating prices, conditions relating to prices and price-fixing factors for— (a) the sale and supply of electricity to non-contestable customers or customers of a prescribed class; (c) subject to the National Electricity (South Australia) Law and the National Electricity Code—network services; (d) other goods and services in the electricity supply industry. (2) The Treasurer must not issue an electricity pricing order after a date fixed by proclamation. (3) An electricity pricing order may regulate prices, conditions relating to prices or price-fixing factors in any manner the Treasurer considers appropriate, including— (a) fixing a price or the rate of increase or decrease in a price; (b) fixing a maximum price or maximum rate of increase or minimum rate of decrease in a maximum price; (c) fixing an average price for specified goods or services or an average rate of increase or decrease in an average price; (d) specifying pricing policies or principles; (e) specifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor; (f) specifying an amount determined by reference to quantity, location, period or other specified factor relevant to the supply of specified goods or services; (g) fixing a maximum revenue, or maximum rate of increase or minimum rate of decrease in maximum revenue, in relation to specified goods or services. (4) An electricity pricing order may provide that a calculation is to be performed, or a matter is to be determined, by the Commission in a manner specified by the order. (5) A determination of the Commission for the purposes of an electricity pricing order will not, except as provided in the order, be taken to be a determination for the purposes of the Essential Services Commission Act 2002. (6) An electricity pricing order may require an electricity entity to provide information to other electricity entities, customers or others, or generally publish information, relating to prices, conditions relating to prices or price-fixing factors. (7) An electricity pricing order— (a) takes effect on a date specified in the order; and (b) cannot be varied (except as contemplated by the order) or revoked. (8) Notice of the making of an electricity pricing order must be published— (a) in the Gazette; and (b) in a newspaper circulating generally in the State. (9) The notice must include a brief description of the nature and effect of the electricity pricing order and state how a copy of the order may be inspected or purchased. (10) The Treasurer must— (a) send a copy of an electricity pricing order to each licensed entity to which the order applies; and (b) ensure that copies of the order are available for inspection and purchase by members of the public. (10a) The following provisions apply in relation to the electricity pricing order notified in the Gazette on 11 October 1999 at page 1471: (a) despite subsection (7), the order is varied as proposed by the Treasurer by notice published in the Gazette on 28 June 2000 at page 3397 and is further varied as proposed by the Minister by notice published in the Gazette on 5 December 2002 at page 4458; (b) the Minister must ensure that copies of the order as so varied are sent to each licensed entity to which the order applies and are made available for inspection and purchase by members of the public; (c) a reference to the order in any document is, unless the context otherwise requires, to be taken to be a reference to the order as so varied. (11) An electricity entity must comply with an electricity pricing order or part of an electricity pricing order that applies to the entity. (12) The Commission must— (a) perform any functions that an electricity pricing order contemplates will be performed by the Commission for the purposes of the order; and (b) enforce an electricity pricing order in the same way as if it were a determination of the Commission under this Division. (13) The Commission's powers under this Division and the Essential Services Commission Act 2002 are restricted to the extent specified in an electricity pricing order. (14) In this section— price includes a price range. Division 3—Standard terms and conditions for sale or supply 36—Standard terms and conditions for sale or supply (1) An electricity entity may, from time to time, fix standard terms and conditions governing the sale or supply of electricity (including the service of making connections to a transmission or distribution network) by the entity to small customers or customers of a prescribed class. (2) An electricity entity must publish in the Gazette a notice setting out any standard terms and conditions fixed by the entity. (2a) An electricity entity must, when it publishes a notice in the Gazette under subsection (2), also publish a notice in a newspaper circulating generally in the State describing the general nature of the standard terms and conditions and advising where a person may read or obtain a copy of the standard terms and conditions. (3) Standard terms and conditions fixed under this section— (a) must comply with the conditions of the electricity entity's licence; and (b) come into force on the day specified by the electricity entity in the notice of the standard terms and conditions published in the Gazette under this section, being a day not earlier than the day on which the notice is published; and (c) when in force are contractually binding on the electricity entity and the class of customers to which the terms and conditions are expressed to apply; and (d) will, if they vary or exclude the operation of section 120(1) of the National Electricity Law, form an agreement between the electricity entity and each of the customers to which they are expressed to apply for the purposes of that section. (4) Subject to the conditions of an electricity entity's licence, a standard term or condition fixed under this section may be modified or excluded by express agreement between the entity and a customer of the entity. (5) An electricity entity that has fixed standard terms and conditions under this section must— (a) supply a copy of the standard terms and conditions, without charge, on request made to the entity at a place approved by the Commission; and (b) publish the standard terms and conditions on a website maintained by the entity. Division 3AA—Special provisions relating to small customers 36AA—Provision for standing contract with small customers (1) This section applies to an electricity entity holding a licence authorising the retailing of electricity that is declared by the Governor under this section to be an electricity entity to which this section applies. (2) It is a condition of the licence of an electricity entity to which this section applies that the entity must, at the request of a small customer, agree to sell electricity to the customer at the entity's standing contract price and subject to the entity's standing contract terms and conditions. (4) An entity is not required to sell electricity to a customer in compliance with the condition imposed under subsection (2) if the entity is entitled in accordance with the entity's standing contract terms and conditions to refuse to sell electricity to the customer. (4a) The following provisions apply in relation to the fixing by the Commission of a standing contract price for an entity for the purposes of this section: (a) the Commission may fix the price by a determination of a kind referred to in section 35A(1)(a); (b) a determination, other than a determination under paragraph (f), must provide for the expiry of the determination at the end of a period of not less than 3 years specified in the determination; (c) a determination may provide for prices that vary at specified times according to a formula specified in the determination; (d) unless the Commission determines that special circumstances exist— (i) a determination may not be made to take effect before the expiry date of the last preceding determination made by the Commission in accordance with this subsection; (ii) a determination may only be made if the entity has made a submission to the Commission stating the price that the entity proposes be fixed by the Commission as the entity's standing contract price, and the entity's justification for the price, not less than 6 months and not more than 9 months before the making of the determination; (iii) the Commission must, before making a determination, have conducted an inquiry under Part 7 of the Essential Services Commission Act 2002 into the question of the appropriate price to be fixed as the standing contract price; (e) a submission under paragraph (d) must comply with any requirements as to the form and content of such submissions imposed by the Commission by written notice served on the entity; (f) if the Commission has determined that special circumstances exist—the Commission may make a determination that takes effect as a variation of the existing determination (with effect for the balance of the term of the existing determination (unless another variation is subsequently made)). (5) The Governor may, by proclamation— (a) declare that this section applies to a specified electricity entity; and (b) vary or revoke such a declaration. (6) In this section— standing contract price, in relation to an entity and a customer, means— (a) the price fixed by the Commission in accordance with subsection (4a) as the entity's standing contract price for a class of customers to which the customer belongs; or (b) if there is no price for the time being fixed by the Commission as the entity's standard contract price in accordance with subsection (4a), the price fixed by the electricity pricing order under section 35B as at 31 December 2002 for the sale of electricity to non‑contestable customers; standing contract terms and conditions, in relation to an electricity entity, means terms and conditions that have been published by the electricity entity under section 36 as the entity's standing contract terms and conditions. (7) The Governor may, by proclamation, fix a day on which this section expires. 36AB—Provision for default contract with small customers (1) This section applies to an electricity entity holding a licence authorising the retailing of electricity that sells electricity to one or more small customers in South Australia. (2) It is a condition of the electricity entity's licence that the entity must, if the entity becomes bound, in accordance with the regulations, to sell electricity to a small customer under a default contract arrangement for a period specified in the regulations— (a) give the customer a written notice in accordance with the regulations; and (b) sell electricity to the customer at the entity's default contract price and subject to the entity's default contract terms and conditions for that period. (3) In this section— default contract price, in relation to an electricity entity, means whichever of the following is the price last fixed: (a) the price fixed for the sale of electricity to non-contestable customers by the electricity pricing order under section 35B immediately before 1 January 2003; (b) a price fixed by the entity as the entity's default contract price by notice published in the Gazette and in a newspaper circulating generally in the State, where— (i) the price was fixed by the notice with effect from the end of the prescribed period from the date of publication of the notice; and (ii) the notice contained a statement of the entity's justification for the price; and (iii) the Commission did not, within the prescribed period, fix the entity's default contract price as referred to in paragraph (c); (c) a price fixed by the Commission as the entity's default contract price by a determination of a kind referred to in section 35A(1)(a); default contract terms and conditions means terms and conditions that have been published by the electricity entity under section 36 as the entity's default contract terms and conditions. Division 3AB—Feed‑in mechanisms 36AC—Interpretation (1) In this Division— excluded electricity means electricity generated by an excluded generator; excluded generator means a small photovoltaic generator that, in the opinion of the operator of a distribution network from which permission to connect the generator is sought, would, but for the fact that the generator is an excluded generator by virtue of this definition, be installed for the dominant purpose of feeding into the network electricity generated by the generator (and the fact that a generator is to be installed in a pair or group of generators may be evidence that the generator is an excluded generator); excluded network means a distribution network that supplies electricity to less than 10 000 domestic customers; prescribed amount means the amount determined for the purposes of this Division by the Commission in accordance with section 35A; qualifying customer—a small customer is a qualifying customer for the purposes of this Division; qualifying generator means a small photovoltaic generator— (a) that is operated by a qualifying customer; and (b) that complies with Australian Standard—AS 4777 (as in force from time to time or as substituted from time to time); and (c) that is connected to a distribution network in a manner that allows electricity generated by the small photovoltaic generator to be fed into the network; and (d) that is used in conjunction with a meter that complies with a code relating to meters published by the Commission and that falls within a class of meters approved by the Commission by notice in the Gazette, other than where the distribution network is an excluded network; small photovoltaic generator means a photovoltaic system with capacity up to 10kVA for a single phase connection and up to 30kVA for a three phase connection. (2) For the purposes of the definition of excluded generator, if there are 2 or more meters for measuring the consumption of electricity on a site owned or occupied by 1 customer, in assessing the purpose of the installation of a generator on the site to determine whether or not the generator is an excluded generator, the operator of the distribution network must take into account the electricity consumption of the customer on the site as a whole (despite the fact that, for example, most or all of the electricity consumption on the site is recorded by a different meter from the meter to which the generator is connected). 36AD—Feeding electricity into networks—requirements on holder of licence authorising retailing (1) It is a condition of the licence of the electricity entity that has the relevant contract to sell electricity as a retailer to a qualifying customer who feeds electricity generated by a qualifying generator into a distribution network, other than an excluded network, that the retailer will, after taking into account any requirements prescribed by the regulations— (a) credit against the charges payable by the qualifying customer for the sale of electricity to the qualifying customer the prescribed amount, or an amount determined by the retailer, being an amount greater than the prescribed amount, for electricity fed into the network in excess of the electricity used by the qualifying customer (after taking into account the operation of the following subsections); and (b) reflect the credits under paragraph (a) and section 36AE in the charges payable by the qualifying customer for the sale and supply of electricity; and (c) provide to the qualifying customer information relating to— (i) the amount of electricity fed into the distribution network by the qualifying customer; and (ii) the amounts to be credited for the benefit of the qualifying customer for electricity fed into the distribution network. (2) If the whole of the amounts to be credited to a qualifying customer under paragraph (a) and section 36AE(1) in respect of electricity fed into a distribution network in a particular billing period has not been set‑off against the charges payable by the qualifying customer for the supply of electricity at the end of that billing period, the qualifying customer is, subject to subsection (3), entitled to the payment of the outstanding balance. (3) A retailer may, in respect of any outstanding balance to which a qualifying customer is entitled under subsection (2), pay the balance— (a) at the end of the billing period referred to in subsection (2); or (b) not later than 1 year after the end of the billing period referred to in subsection (2) (but in such an event the retailer must pay all outstanding balances at that time). 36AE—Feeding electricity into networks—requirements on holder of licence authorising operation of distribution network (1) It is a condition of a licence authorising the operation of a distribution network, other than an excluded network, that the holder of the licence will— (a) allow a qualifying customer to feed into the network electricity generated by a qualifying generator (subject to complying with any relevant technical, safety or other requirements imposed by or under this or any other Act or any relevant instrument); and (b) credit against the charges payable by the qualifying customer for the supply of electricity to the qualifying customer the feed in price for electricity, other than excluded electricity, fed into the network under paragraph (a) in excess of the electricity used by the qualifying customer (after taking into account the operation of section 36AD and the following subsections); and (c) comply with any reporting requirements imposed by the Minister under subsection (7). (2) Subject to subsection (3), the holder of the licence authorising the operation of a distribution network is only required to credit a qualifying customer under subsection (1)(b) for the first 45kWh of electricity fed into the network each day (and the relevant electricity entity under section 36AD must reflect the relevant credit in giving effect to section 36AD(1)(b)). (3) For the purposes of subsection (2), the holder of the licence must average the electricity fed into the network by the qualifying customer over a billing period so as to determine an average daily feed‑in amount (and the amount so determined will be taken to be the daily amount fed into the network over the billing period). (4) If a qualifying customer receives credit under subsection (1)(b) in respect of 1 qualifying generator, the qualifying customer is not entitled to credit for any electricity generated by a second or subsequent qualifying generator of the qualifying customer (but nothing in this subsection prevents such a second or subsequent qualifying generator from being connected to a distribution network for the purposes of feeding electricity into the network). (5) A person is not eligible to receive a credit under this section— (a) on or after 1 October 2013 in respect of a generator (being a qualifying generator) unless the person is a Category 1 qualifying customer or a Category 2 qualifying customer in relation to that generator; or (b) on or after 1 October 2016 in respect of a generator (being a qualifying generator) unless the person is a Category 1 qualifying customer in relation to that generator. (6) If a generator is, on or after 1 October 2011— (a) subject to subsection (6a), altered in a manner that increases the capacity of the generator to generate electricity; or (b) disconnected and moved to another site, a credit under this section will not be payable from the date of the alteration or disconnection. (6a) If an alteration under subsection (6)(a)— (a) was approved before 1 October 2011 by the holder of the licence authorising the operation of a distribution network to which the generator is connected; and (b) is completed on or after 1 October 2011 and before 1 October 2013, the qualifying customer in relation to the generator will be taken to be a Category 2 qualifying customer for the purposes of this section. (7) The Minister may, in connection with the operation or administration of this section— (a) by notice in the Gazette, impose reporting requirements on the holders of licences authorising the operation of distribution networks; (b) by subsequent notice in the Gazette, vary any reporting requirements previously imposed under this subsection (including by the substitution or addition of requirements). (8) Subsections (1)(b), (2), (3) and (4) will not apply to electricity fed into a distribution network after 30 June 2028. (9) For the purposes of this section— (a) a Category 1 qualifying customer is a qualifying customer in relation to a qualifying generator where— (i) the generator is a qualifying generator before 1 October 2011; or (ii) a person, before 1 October 2011, has received permission to connect the generator to a distribution network from the holder of a licence authorising the operation of the network and has, within 120 days after 1 October 2011, made arrangements with the holder of the licence for a new meter to be installed on account of that connection; and (b) a Category 2 qualifying customer is a qualifying customer in relation to a qualifying generator where— (i) the person does not qualify to be a Category 1 qualifying customer under paragraph (a); but (ii) — (A) the generator is a qualifying generator on or after 1 October 2011 and before 1 October 2013; or (B) a person, before 1 October 2013, has received permission to connect the generator to a distribution network from the holder of a licence authorising the operation of the network and has, within 120 days after 1 October 2013, made arrangements with the holder of the licence for a new meter to be installed on account of that connection. (10) In this section— feed in price means— (a) in relation to a Category 1 qualifying customer with respect to a qualifying generator—$0.44 per kWh; (b) in relation to a Category 2 qualifying customer with respect to a qualifying generator—$0.16 per kWh. Division 3AC—Contestable services 36AF—Contestable services (1) This section applies in relation to the operation of a distribution network. (2) For the purposes of this section, a service will be taken to be contestable if a customer (or potential customer) may choose the provider of the relevant service. (3) The regulations may— (a) prescribe a class of services that are to be contestable (including a class that may be determined according to a prescribed class of customer or any other specified factor); and (b) specify procedures, qualifications, standards and other requirements (including requirements that provide for the preparation of specifications and the use of tenders or other competitive arrangements) that must be applied in relation to the provision of contestable services; and (c) require compliance with any requirement imposed by a prescribed person or body in relation to the provision of contestable services. (4) It is a condition of an electricity entity holding a licence authorising the operation of a distribution network that the entity must ensure compliance with any requirements imposed by regulations under subsection (3) (insofar as they apply in the circumstances).

Division 3A—Protection of property in infrastructure 36A—Electricity infrastructure does not merge with land Subject to any agreement in writing to the contrary, the ownership of electricity infrastructure constructed or installed for operation by an electricity entity is not affected by its affixation or annexation to land. 36B—Prevention of dismantling of electricity infrastructure in execution of judgment (1) Electricity infrastructure owned or operated by an electricity entity cannot be dismantled in execution of a judgment. (2) This section does not prevent the sale of an electricity generating plant or a transmission or distribution network as a going concern in execution of a judgment. Division 4—Suspension or cancellation of licences 37—Suspension or cancellation of licences (1) The Commission may, if satisfied that— (a) the holder of a licence obtained the licence improperly; or (b) the holder of a licence has been guilty of a material contravention of a condition of the licence or any other requirement imposed by or under this Act or any other Act in connection with the operations authorised by the licence; or (c) the holder of a licence has ceased to carry on operations authorised by the licence; or (d) there has been any act or default or change of circumstances such that the holder of a licence would no longer be entitled to the issue of such a licence, suspend or cancel the licence with effect from a specified date. (2) A suspension under this section may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Commission. (3) Before the Commission acts under this section, the Commission must— (a) notify the holder of the licence in writing of the proposed action specifying the reasons for the proposed action; and (b) allow the holder of the licence at least 14 days within which to make submissions to the Commission in relation to the proposed action.

Division 5—Commission's powers to take over operations 38—Power to take over operations (1) If— (a) an electricity entity contravenes a condition of its licence or any other requirement of this Act, or an electricity entity's licence ceases, or is to cease, to be in force; and (b) it is necessary, in the Commission's opinion, to take over the entity's operations (or some of them) to ensure an adequate supply of electricity to customers, the Governor may make a proclamation under this section. (2) Before a proclamation is made under this section, the Commission must give the electricity entity a reasonable opportunity to make written representations giving reasons why the proclamation should not be made. (3) A proclamation under this section— (a) authorises the Commission to take over the electricity entity's operations or a specified part of the electricity entity's operations; and (b) may contain ancillary directions (and may, in particular, contain directions about how the costs of carrying on the operations, and revenue generated from the operations, are to be dealt with). (4) A direction under subsection (3)(b) operates to the exclusion of rights that are inconsistent with it. 39—Appointment of operator (1) When a proclamation is made under this Part, the Commission must appoint a suitable person (who may, but need not, be an electricity entity) to take over the relevant operations on agreed terms and conditions. (2) A person appointed to take over an electricity entity's operations is referred to in this section as the operator. (2a) The operator must comply with any applicable provisions of the National Electricity (South Australia) Law and the National Electricity Rules. (3) The electricity entity must facilitate the take over of the relevant operations by the operator. (4) The operator may have access to the electricity infrastructure and other property of the electricity entity for the purposes of carrying on the relevant operations. (5) A person must not obstruct the operator's access to property or the exercise by the operator of the operator's responsibilities under this Part. Maximum penalty: $250 000. (6) A person must comply with reasonable directions given by the operator in the exercise of the operator's responsibilities under this Part. Maximum penalty: $250 000.

Part 4—Electricity entities' powers and duties Division 1—Electricity officers 41—Appointment of electricity officers (1) An electricity entity may, subject to conditions determined by the Minister, appoint a person to be an electricity officer for the entity. (2) An electricity officer may only exercise powers under this Act subject to the conditions of appointment and any directions given to the electricity officer by the entity. 42—Conditions of appointment (1) An electricity officer may be appointed for a stated term or for an indefinite term that continues while the officer holds a stated office or position. (2) An electricity officer may be removed from office by the electricity entity. 43—Electricity officer's identity card (1) An electricity entity must give each electricity officer for the entity an identity card. (2) The identity card must be in a form approved by the Minister and must— (a) contain a photograph of the electricity officer taken for the purpose; and (b) be signed by the electricity officer; and (c) identify the electricity officer as an electricity officer for the relevant electricity entity. (3) A person must, within two days after ceasing to be an electricity officer, return the identity card to the electricity entity. Maximum penalty: $250. 44—Production of identity card An electricity officer must, before exercising a power in relation to another person, produce the officer's identity card for inspection by the other person.

Division 1A—General investigative powers of electricity officers 44A—General investigative powers of electricity officers An electricity officer may, in the course of exercising powers under this Part, take photographs, films or audio, video or other recordings as reasonably required in connection with the exercise of those powers. Division 2—Powers and duties relating to infrastructure 45—Entry on land to conduct surveys etc (1) An electricity entity may, by agreement with the occupier of land or on the authorisation of the Minister, enter and remain on land to conduct surveys or assess the suitability of the land for the construction or installation of electricity infrastructure. (2) The Minister may authorise an electricity entity to enter and remain on land under this section on conditions the Minister considers appropriate. (3) If an electricity entity enters land under the authorisation of the Minister, the electricity entity— (a) must give reasonable notice of the proposed entry on land under this section to the occupier; and (b) must minimise the impact of work carried out by the electricity entity on activities of others on the land; and (c) must comply with the conditions of the authorisation. 46—Acquisition of land (1) An electricity entity may acquire land in accordance with the Land Acquisition Act 1969. (2) An electricity entity may only acquire land by compulsory process under the Land Acquisition Act 1969 if the acquisition is authorised in writing by the Minister. 47—Power to carry out work on public land (1) Subject to this section, an electricity entity may— (a) install electricity infrastructure on public land; or (b) operate, maintain, repair, alter, add to, remove or replace electricity infrastructure on public land; or (c) carry out other work on public land for the generation, transmission, distribution or supply of electricity. (2) Without limiting subsection (1), the electricity entity may— (a) erect powerlines on public land; (b) excavate public land and install underground cables. (2a) This section does not apply to work of a kind that may be carried out under the statutory easement under Schedule 1 of the Electricity Corporations (Restructuring and Disposal) Act 1999. (3) Subject to this section, an electricity entity must— (a) give the authority responsible for the management of public land not less than seven days' notice of the entity's intention to carry out work on the land; and (b) secure the authority's agreement to the carrying out of the work. (4) An agreement under this section may contain conditions the authority responsible for management of the land considers appropriate in the public interest. (5) Prior notice and agreement are not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection. (6) Agreement is not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection. (7) If a dispute arises between an electricity entity and the authority responsible for managing public land about whether work should be permitted under this section on the land or about the conditions on which work should be permitted on public land, either party to the dispute may refer the dispute to the Minister. (8) Subsection (7) does not apply to a dispute where the authority responsible for managing the public land is a Minister or a person or body to whom directions may be given by a Minister in relation to the matter in dispute. (9) If a dispute is referred to the Minister under this section, the Minister must— (a) allow the parties to the dispute the opportunity to make representations to the Minister on the questions at issue in the dispute; and (b) make a reasonable attempt to get the parties to agree to settlement of the dispute on agreed terms. (10) If the Minister cannot get the parties to agree, the Minister may make— (a) an order that the work is or is not permitted on the land; (b) if the Minister orders that the work is permitted, an order fixing the conditions on which the work is permitted, as the Minister thinks fit. (13) An electricity entity must make good any damage caused by the exercise of powers under this section as soon as practicable or pay reasonable compensation for the damage. (14) An electricity entity may only act under this section in relation to public land in a way that interferes with the continued enjoyment or exercise of rights deriving from native title in the land by agreement with the Minister (on behalf of the State) and the holders of native title in the land. (15) This section does not derogate from the obligation to comply with the provisions of any other Act. (16) In this section— native title and holder of native title have the same meanings as in the Native Title (South Australia) Act 1994; public land means land owned by the Crown or an instrumentality or agent of the Crown or by a council or other local government body, including any such land that is subject to native title. 48—Entry for purposes related to infrastructure (2) Subject to this section, if an electricity officer seeks to enter land pursuant to rights conferred on an electricity entity by a statutory or other easement relating to electricity infrastructure situated on the land, the officer must give reasonable written notice to the occupier of the land stating the reason and the date and time of the proposed entry. (2a) Despite subsection (2), an electricity officer may exercise a power of entry referred to in that subsection without giving notice in accordance with subsection (2) in relation to electricity infrastructure situated on land that is in the area of a council and in the bushfire risk area if— (a) the purpose of the entry is to conduct an inspection of the infrastructure; and (b) — (i) the electricity entity gives reasonable written notice of the date and time of the proposed entry to the occupier of the land; or (ii) if it is not reasonably practicable for the electricity entity to give notice in accordance with subparagraph (i), the electricity entity— (A) publishes, at least 1 month before the proposed inspection of infrastructure in the area of the council, a prescribed notice in a newspaper circulating within that area; and (B) conducts the inspection during the period specified in the prescribed notice. (3) If the proposed entry is refused or obstructed, an electricity officer may obtain a warrant under Part 9 to enter the land. (4) In an emergency, an electricity officer may exercise a power of entry referred to in this section— (a) at any time and without prior notice if it is not practicable to give such notice; and (b) if necessary in the circumstances, by the use of reasonable force. (6) An electricity officer may not enter a place under a warrant or by force in an emergency unless accompanied by a member of the police force. (7) An electricity entity must make good any damage caused by the exercise of powers under a warrant or by force in an emergency as soon as practicable or pay reasonable compensation for the damage. (8) In this section— prescribed notice, in relation to an inspection of electricity infrastructure by an electricity entity in the area of a council, means a notice that specifies the period (of up to 1 month) during which the entity proposes to inspect its infrastructure in the area. 48A—Easements and access to infrastructure for data transmission and telecommunications (1) Where electricity infrastructure owned or operated by an electricity entity is situated on land that does not belong to the entity, any powers or rights that the entity has under this Act or pursuant to a statutory or other easement for the purposes of installing, operating and carrying out work relating to electricity infrastructure on that land will be taken also to be exercisable for the purposes of— (a) installing telecommunications cables or equipment by attaching it to or incorporating it in the electricity infrastructure on the land; and (b) operating and carrying out work relating to telecommunications cables or equipment so installed; and (c) operating the electricity infrastructure on the land for telecommunications. (2) Powers and rights conferred on an electricity entity under subsection (1) will also, with the consent of the electricity entity, be exercisable by another body in the same manner and subject to the same conditions as would apply if the other body were the electricity entity and persons appointed by the other body subject to conditions determined by the Minister were electricity officers. (3) This section has effect despite the Real Property Act 1886 or any other law. Division 3—Powers relating to installations 49—Entry to inspect etc electrical installations (1) An electricity officer for an electricity entity may, at any reasonable time, enter and remain in a place to which electricity is, is to be, or has been, supplied by the entity— (a) to inspect electrical installations in the place to ensure that it is safe to connect or reconnect electricity supply; or (b) to take action to prevent or minimise an electrical hazard; or (c) to investigate suspected theft of electricity. (2) In an emergency, an electricity officer may exercise a power of entry under this section at any time and, if necessary in the circumstances, by the use of reasonable force. (3) When an electricity officer enters a place under this section, the electricity officer— (a) may be accompanied by such assistants as the electricity officer considers necessary or appropriate; and (b) may take any vehicles or equipment the electricity officer considers necessary or appropriate for the functions the electricity officer is to carry out in the place. (4) An electricity officer may not enter a place by force in an emergency unless accompanied by a member of the police force. (5) If in the opinion of an electricity officer an electrical installation is unsafe, the electricity officer may disconnect the electricity supply to the place in which the installation is situated until the installation is made safe to the satisfaction of the electricity officer. 50—Entry to read meters etc An electricity officer for an electricity entity may, at any reasonable time, enter and remain in a place to which electricity is, or is to be, sold or supplied by the entity— (a) to read, or check the accuracy of, a meter for recording consumption of electricity; or (b) to examine the electrical installations in the place to determine load classification and the appropriate price for the sale of electricity; or (c) to install, repair or replace meters, control apparatus and other electrical installations in the place. 51—Entry to disconnect supply If an electricity officer has proper authority to disconnect an electricity supply to a place, the electricity officer may, at any reasonable time, enter and remain in the place to disconnect the electricity supply to the place. 52—Disconnection of supply if entry refused (1) If an electricity officer seeks to enter a place under this Division and entry is refused or obstructed, the electricity entity may, by written notice to the occupier of the place, ask for consent to entry by an electricity officer. (2) The notice must state the reason and the date and time of the proposed entry. (3) If entry is again refused or obstructed, the electricity entity may— (a) if it is possible to do so—disconnect the electricity supply to the place without entering the place; or (b) if not—obtain a warrant under Part 9 to enter the place for the purpose of disconnecting the electricity supply, enter the place under the warrant and disconnect the electricity supply. (4) An electricity officer may not enter a place under a warrant unless accompanied by a member of the police force. (5) An electricity entity must make good any damage caused by the exercise of powers under this section as soon as practicable or pay reasonable compensation for the damage. (6) The electricity entity must restore the electricity supply if— (a) the occupier— (i) consents to the proposed entry; and (ii) pays the appropriate reconnection fee; and (b) it is safe to restore the electricity supply; and (c) there is no other lawful ground for refusing to restore the electricity supply. Division 4—Powers and duties in emergencies 53—Electricity entity may cut off electricity supply to avert danger (1) An electricity entity may, without incurring any liability, cut off the supply of electricity to any region, area, land or place if it is, in the entity's opinion, necessary to do so to avert danger to person or property. (2) If an electricity entity proposes to cut off a supply of electricity in order to avert danger of a bush fire, the entity should, if practicable, consult with the Chief Officer of the South Australian Country Fire Service before doing so. 54—Emergency legislation not affected Nothing in this Act affects the exercise of any power, or the obligation of a regulated entity to comply with any direction, order or requirement, under the Emergency Management Act 2004, Essential Services Act 1981, Fire and Emergency Services Act 2005, National Electricity (South Australia) Act 1996, National Energy Retail Law (South Australia) Act 2011, National Gas (South Australia) Act 2008 or Part 11 of the South Australian Public Health Act 2011.

Part 5—Clearance of vegetation from powerlines Division 1—Duties and powers in relation to vegetation clearance 55—Duties in relation to vegetation clearance (1) An electricity entity has a duty to take reasonable steps— (a) to keep vegetation of all kinds clear of public powerlines under the entity's control other than powerlines in relation to which the duty to keep vegetation clear is conferred on a council under a vegetation clearance scheme; and (b) to keep naturally occurring vegetation clear of private powerlines under the entity's control, in accordance with the principles of vegetation clearance. (1a) A vegetation clearance scheme may, in accordance with Division 2, confer on a council the duty to take reasonable steps to keep vegetation of all kinds clear of public powerlines that are— (a) designed to convey electricity at 11 kV or less; and (b) within both the council's area and an area prescribed by the regulations (a prescribed area); and (c) not on, above or under private land, in accordance with the principles of vegetation clearance. (2) The occupier of private land has (subject to the principles of vegetation clearance) a duty to take reasonable steps to keep vegetation (other than naturally occurring vegetation) clear of any private powerline on the land in accordance with the principles of vegetation clearance. (3) If vegetation is planted or nurtured near a public powerline contrary to the principles of vegetation clearance, the entity or council that has the duty under this Part to keep vegetation clear of the powerline may remove the vegetation and recover the cost of so doing as a debt from the person by whom the vegetation was planted or nurtured. (4) If a council or occupier should have, but has not, kept vegetation clear of a powerline under an electricity entity's control in accordance with a duty of the council or occupier under this Part, the electricity entity may carry out the necessary vegetation clearance work (but the entity incurs no liability for failure to carry out such work). (5) Any costs incurred by an electricity entity in carrying out vegetation clearance work under subsection (4) or repairs to a powerline required as a result of failure by a council or occupier to carry out the duty of the council or occupier under this Part may be recovered as a debt from the council or occupier. (6) This Part operates to the exclusion of common law duties, and other statutory duties, affecting the clearance of vegetation from a public powerline or a private powerline, and so operates with respect to vegetation clearance work whether the work is carried out by the person having the duty under this Part to keep vegetation clear of the powerline or in pursuance of a delegation or by a contractor or other agent. 55AA—Powers of electricity entity in relation to vegetation clearance (1) An electricity entity with a duty under this Part to keep vegetation clear of powerlines may clear vegetation that is within the bushfire risk area if the entity is satisfied that the vegetation is likely to fall onto a public powerline or private powerline under the entity's control so as to damage the powerline, or give rise to a risk of fire, electric shock, or interruption of electricity supply, despite the entity not having a duty under this Part to carry out such work (but the entity incurs no liability for failure to clear such vegetation). (2) An electricity entity must, before clearing vegetation under subsection (1), obtain a report on the extent of clearance necessary to prevent the vegetation from falling onto a powerline from a person who holds qualifications prescribed by the regulations. Division 2—Vegetation clearance schemes in prescribed areas

Subdivision 1—Content and nature of schemes 55A—Vegetation clearance schemes (1) An electricity entity may agree a vegetation clearance scheme with a council governing the way in which vegetation is to be kept clear of public powerlines on land (other than private land) within both the council's area and a prescribed area. (2) A vegetation clearance scheme may do one or more of the following: (a) it may require the electricity entity to inspect and clear vegetation more frequently than is required under the principles of vegetation clearance or otherwise govern the way in which the entity will carry out its duty to clear vegetation; (b) it may— (i) contain a delegation by the electricity entity of a function or power under this Part in relation to powerlines designed to convey electricity at 11 kV or less; (ii) require that the electricity entity be indemnified for any liability arising from an act or omission of the council under the delegation; (c) it may confer on the council the duty to keep vegetation of all kinds clear of specified public powerlines that are designed to convey electricity at 11 kV or less; (d) it may exempt the council from the principles of vegetation clearance relating to the planting or nurturing of vegetation near overhead public powerlines; (e) it may impose obligations on the electricity entity or the council with respect to clearance work or reducing the need for clearance work; Example— For example, a scheme may provide for— • specified powerlines to be moved or placed underground; • specified vegetation to be removed or restrictions on the types of vegetation that may be planted or nurtured near powerlines; • payments by the council to the entity or by the entity to the council. (f) it may make provision for other related matters. (3) A vegetation clearance scheme cannot derogate from the principles of vegetation clearance except to the extent referred to in subsection (2)(d). (4) A vegetation clearance scheme— (a) must be in writing and (subject to Subdivision 2) executed by the council and the electricity entity; and (b) may be modified by written agreement between the parties. (5) A delegation by the electricity entity under a vegetation clearance scheme— (a) may be subject to conditions specified in the scheme; and (b) may be varied or revoked by the electricity entity in accordance with the terms of the scheme; and (c) does not prevent the electricity entity from acting in any matter. (6) If the duty to keep vegetation of all kinds clear of powerlines is conferred on a council under a vegetation clearance scheme, the principles of vegetation clearance relating to the planting or nurturing of vegetation near powerlines do not apply to vegetation planted or nurtured on land (other than private land) by the council, or on the authority of the council, near overhead public powerlines in relation to which the duty is conferred.

Subdivision 2—Disputes about schemes 55B—Vegetation clearance scheme dispute (1) A vegetation clearance scheme dispute exists if an electricity entity and a council fail to agree on— (a) a proposal for a vegetation clearance scheme under this Division; or (b) a proposal for modification of such a scheme. (2) An electricity entity or a council may, by written notice to the Technical Regulator, ask the Technical Regulator to determine a vegetation clearance scheme dispute under this Division. (3) The notice must contain or be accompanied by the information or documents required by the Technical Regulator. (4) The party seeking a determination must give a copy of the notice to the other party to the dispute. 55C—Circumstances in which Technical Regulator not obliged to determine dispute (1) The Technical Regulator will not determine a vegetation clearance scheme dispute unless— (a) at least six months have passed since the presentation by one of the parties to the other of a written proposal for a vegetation clearance scheme between the parties or for modification of such a scheme; or (b) less than six months have passed since the presentation of such a proposal but the other party has not negotiated reasonably and constructively, or at all, on the proposal. (2) The Technical Regulator is not obliged to determine a vegetation clearance scheme dispute if the Technical Regulator is satisfied— (a) that the subject matter of the dispute is trivial, misconceived or lacking in substance; or (b) taking into account the particular circumstances of the dispute, that the party seeking determination of the dispute has not negotiated reasonably and constructively, or at all, on the proposal; or (c) on the application of a party to the dispute and taking into account the particular circumstances of the dispute, that there are good reasons why the dispute should not be determined. 55D—Determinations (1) The Technical Regulator may, on application under this Subdivision, determine— (a) in the case of a dispute about a proposal for a vegetation clearance scheme—the terms of the scheme; (b) in the case of a dispute about a proposal for modification of a vegetation clearance scheme—whether or not the scheme is to be modified and, if it is to be modified, the terms of the modification. (2) The Technical Regulator may not, in determining a scheme or modification of a scheme, confer on a council the duty to keep vegetation clear of public powerlines except— (a) with the council's consent; or (b) in a case where the Technical Regulator is satisfied that it is appropriate to do so in view of significant failure by the council or the electricity entity to carry out properly, or at all, vegetation clearance work in relation to powerlines in the area and in view of the reasons for the failure. (3) The Technical Regulator may confer a duty on a council in accordance with subsection (2) only in respect of particular powerlines in respect of which the Technical Regulator is satisfied the conferral of the duty is appropriate. (4) If the Technical Regulator proposes to confer on a council a duty to keep vegetation clear of public powerlines in circumstances in which there has been failure by the electricity entity to carry out properly, or at all, vegetation clearance work in relation to those powerlines, the Technical Regulator must consider whether the council should be given an indemnity for any liability arising from the entity's failure or whether the conferral of the duty should be postponed for a period designed to allow any necessary work to be carried out. (5) The Technical Regulator may— (a) stipulate that a scheme or modification of a scheme is to have effect at a specified future time; (b) stipulate that parts of a scheme or modification of a scheme have effect at different future times. (6) A scheme or modification of a scheme determined by the Technical Regulator under this Division has effect according to its terms and need not be executed by the parties. 55E—Principles to be taken into account (1) In determining a vegetation clearance scheme dispute, the Technical Regulator must take into account— (a) the nature of the vegetation, including its expected rate of growth; (b) the impact that the clearance work would be likely to have on the amenity of the area; (c) the historical or biological significance (if any) of the vegetation; (d) the long term effect that the clearance work would be likely to have on the health and appearance of the vegetation; (e) the controls on the planting and nurturing of vegetation applicable in the area; (f) the need to prevent damage to the powerlines and interruption to the supply of electricity and to safeguard the public against electric shock and damage to property; (g) the extent and frequency of past vegetation clearance in the area; (h) whether requirements with respect to vegetation clearance and the planting and nurturing of vegetation have been complied with in the area and, if not, the reasons for the non-compliance; (i) the existence and terms of other vegetation clearance schemes; (j) any proposal to alter, remove or underground powerlines in the area; (k) the costs of the proposals (including insurance premiums) to the council and to the electricity entity and the financial resources of the council and entity; (l) the limits on the financial and other resources of the electricity entity that may be devoted to the scheme and the schemes for the areas of other councils; (m) the desirability of preserving so far as practicable terms agreed between the parties; (n) any other matters prescribed by the regulations. (2) The Technical Regulator may take into account other matters the Technical Regulator considers appropriate. 55F—Conduct of proceedings (1) The Technical Regulator must conduct proceedings for the determination of a dispute with a view to ensuring— (a) a fair and reasonable exchange of the parties' views; and (b) the proper investigation and consideration of all matters relevant to the fair determination of the dispute; and (c) the speedy resolution of the dispute. (2) The Technical Regulator— (a) is not bound by technicalities, legal forms or rules of evidence; and (b) may obtain information on matters relevant to the dispute in any way the Technical Regulator thinks fit. (3) The Technical Regulator may require the presentation of evidence or argument in writing and may decide matters on which the Technical Regulator will hear oral evidence or argument. (4) If the Technical Regulator decides to hear oral evidence or argument— (a) the proceedings must be conducted in public unless— (i) both parties agree to have the proceedings (or part of the proceedings) conducted in private; or (ii) the Technical Regulator orders the public to be excluded from attendance in accordance with subsection (5); and (b) the parties may not be represented in the proceedings by lawyers except by leave of the Technical Regulator. (5) The Technical Regulator may order the public to be excluded from attendance at proceedings in order— (a) to consider in confidence information that has commercial value to a person or relates to the commercial or financial affairs of a person (the Technical Regulator being satisfied that it is reasonably foreseeable that public disclosure of the information could cause significant damage to a person or the interests of a person or confer an unfair commercial or financial advantage on a person); or (b) to ensure that the Technical Regulator does not— (i) breach any law, order or direction of a court or tribunal constituted by law, or other legal obligation or duty; or (ii) unreasonably expose himself or herself to any legal process or liability. (6) The Technical Regulator may give directions about who may be present at proceedings during any period when the public is excluded from attendance having regard to the wishes of the parties and the need for commercial confidentiality. (7) A person must comply with a direction under subsection (6). (8) The Technical Regulator may— (a) give procedural directions; (b) make orders requiring— (i) the delivery of documents clarifying the issues between the parties; (ii) the discovery and inspection of documents; (c) sit at any time or place; (d) adjourn the proceedings from time to time and from place to place; (e) refer a matter to an expert for report, and accept the expert's report in evidence; (f) appoint a mediator to facilitate resolution of the dispute by conciliation; (g) fix and enforce time limits for steps in the proceedings and do anything else necessary for the expeditious and fair hearing and determination of the dispute. (9) The Technical Regulator may proceed in the absence of a party or on failure by a party to provide written evidence or argument if the party has been given notice of the proceedings or of the requirement to provide written evidence or argument. (10) The Technical Regulator may engage or appoint a lawyer to provide advice on the conduct of the proceedings and assist the Technical Regulator in drafting the determination. 55G—Giving of relevant documents to Technical Regulator A party to the dispute may give the Technical Regulator a copy of documents (including confidential documents) the party considers to be relevant to the dispute. 55H—Power to obtain information and documents (1) If the Technical Regulator has reason to believe that a person is in a position to give information, or to produce documents, that may be relevant to the dispute, the Technical Regulator may, by written notice— (a) require the person within a period stated in the notice— (i) to give the Technical Regulator a written statement of specified information; or (ii) to produce to the Technical Regulator specified documents or copies of specified documents; or (b) require the person to appear before the Technical Regulator at a specified time and place to give evidence. (2) A written statement must, if the Technical Regulator so requires, be verified by statutory declaration of the person providing the information or, if the person is a body corporate, an appropriate officer of the body corporate. (3) If documents (whether originals or copies) are produced to the Technical Regulator, the Technical Regulator may— (a) take possession of, make copies of, and take extracts from, the documents; and (b) keep the documents for as long as is reasonably necessary for the purposes of the determination. (4) A person must— (a) comply with a requirement of the Technical Regulator under subsection (1) or (2); and (b) if the person is required to appear as a witness before the Technical Regulator—comply with further requirements to make an oath or affirmation, or to answer questions. (5) However, a person need not give information or produce a document if— (a) the information or the contents of the document is the subject of legal professional privilege, or would tend to incriminate the person of an offence; and (b) the person objects to giving the information or producing the document by giving written notice of the ground of the objection to the Technical Regulator or, if the person is appearing as a witness before the Technical Regulator, by an oral statement of the ground of objection. 55I—Confidentiality of information (1) A person who gives the Technical Regulator information, or produces documents, may ask the Technical Regulator to keep the information or the contents of the documents confidential. (2) The Technical Regulator may, after considering representations from the parties (or the other party), impose conditions limiting access to, or disclosure of, the information or documentary material in order— (a) to consider in confidence information that has commercial value to a person or relates to the commercial or financial affairs of a person (the Technical Regulator being satisfied that it is reasonably foreseeable that public disclosure of the information could cause significant damage to a person or the interests of a person or confer an unfair commercial or financial advantage on a person); or (b) to ensure that the Technical Regulator does not— (i) breach any law, order or direction of a court or tribunal constituted by law, or other legal obligation or duty; or (ii) unreasonably expose himself or herself to any legal process or liability. (3) A person must not contravene a condition imposed under subsection (2). 55J—Termination of proceedings for determination The Technical Regulator may terminate proceedings for a determination if— (a) the parties request or consent to the termination; or (b) the Technical Regulator forms the opinion that— (i) the subject matter of the dispute is trivial, misconceived or lacking in substance; or (ii) the party seeking determination of the dispute has refused or failed to negotiate reasonably and constructively with the other party. 55K—Procedure for giving determination (1) Before the Technical Regulator makes a determination, the Technical Regulator must give each party to the dispute a copy of the draft determination and may take into account representations that either of them may make on the proposed determination. (2) A determination must be in writing. (3) If the Technical Regulator does not give reasons in writing for a determination under this Division when the determination is made, the Regulator must do so on request made by a party affected by the determination within one month of the making of the determination. (4) The Technical Regulator must, within seven days after a determination is made give a copy of the determination to the parties to the dispute. 55L—Costs (1) The Technical Regulator's costs in determining a vegetation clearance scheme dispute are to be borne by the parties to the dispute in proportions decided by the Technical Regulator and, in the absence of a decision by the Technical Regulator, in equal proportions. (2) The costs will include the costs of any mediation or expert's report. (3) The amount of the costs will be as determined by the Technical Regulator. (4) The Technical Regulator may, but is not required to, hear submissions from the parties as to apportionment of the costs. (5) The Technical Regulator may recover the costs as a debt. (6) In any proceedings— (a) a document signed by the Technical Regulator certifying as to the amount of the costs of a determination payable by a specified electricity entity or council constitutes proof of the matters so certified; and (b) an apparently genuine document purporting to be such a certificate of the Technical Regulator is to be presumed to be such a certificate in the absence of proof to the contrary.

Subdivision 3—Enforcement of schemes 55M—Enforcement as contract A vegetation clearance scheme agreed or determined under this Division has effect, and may be enforced, as a contract between the electricity entity and the council concerned.

Subdivision 4—Resolution of disputes under schemes 55N—Resolution of dispute by intervention of Technical Regulator (1) A party to a vegetation clearance scheme agreed or determined under this Division may ask the Technical Regulator to assist in the resolution of a dispute that has arisen under the scheme. (2) The Technical Regulator has a discretion whether to assist in, or to continue to assist in, the resolution of the dispute and may impose conditions that must be satisfied if assistance is to be given or continued. (3) If the Technical Regulator proceeds under this section, the Regulator may do one or more of the following to resolve the dispute: (a) appoint a mediator to facilitate resolution of the dispute by conciliation; (b) give directions to either or both parties; (c) determine that the vegetation clearance scheme is to be modified in a specified way. (4) The provisions of Subdivision 2 apply (with necessary or prescribed modifications) to proceedings under this section in the same way as to proceedings for determination of a vegetation clearance scheme dispute. Division 3—Miscellaneous 56—Role of councils in relation to vegetation clearance not within prescribed areas (1) An electricity entity may make an arrangement with a council conferring on the council a specified role in relation to vegetation clearance around public powerlines that are not within a prescribed area. (2) The arrangement— (a) must be in writing and executed by the electricity entity and the council; and (b) may contain a delegation by the electricity entity of a function or power under this Part; and (c) may require that the electricity entity be indemnified for any liability arising from an act or omission of the council under a delegation; and (d) may provide for the termination of the arrangement by the electricity entity or the council; and (e) may provide for the variation of the arrangement by the electricity entity and the council. (3) A delegation by the electricity entity for the purposes of the arrangement— (a) may be subject to conditions specified in the arrangement; and (b) may be varied or revoked by the electricity entity in accordance with the terms of the arrangement; and (c) does not prevent the electricity entity from acting in any matter. 57—Power to enter for vegetation clearance purposes (1) An electricity officer for an electricity entity or council officer may, at any reasonable time, enter and remain on land to carry out vegetation clearance work that the entity or council is required or authorised to carry out under this Part. (2) Subject to this section, if an electricity officer or council officer seeks to enter land under this section, the officer must give not less than 30 days written notice (or such lesser period of notice as is agreed to by the occupier) to the occupier of the land— (a) stating the reason and the date and time of the proposed entry; and (b) stating the nature of the clearance work to be carried out; and (c) otherwise complying with the requirements of the regulations. (2a) Subsection (2) does not apply if the clearance work to be carried out is subject to a vegetation clearance scheme. (3) If the proposed entry is refused or obstructed, an electricity officer or council officer may obtain a warrant under Part 9 to enter the land. (4) In an emergency, an electricity officer or council officer may exercise a power of entry under this section— (a) at any time and without prior notice if it is not practicable to give such notice; and (b) if necessary in the circumstances, by the use of reasonable force. (5) When an electricity officer or council officer enters land under this section, the officer— (a) may be accompanied by such assistants as the officer considers necessary or appropriate; and (b) may take any vehicles or equipment the officer considers necessary or appropriate for the functions the officer is to carry out on the land. (6) An electricity officer may not enter a place under a warrant or by force in an emergency unless accompanied by a member of the police force. (7) When entering a place under a warrant or by force in an emergency, a council officer may be accompanied by a member of the police force. 58—Regulations in respect of vegetation clearance (1) The Governor may, after consulting with the Minister responsible for the administration of the Environment Protection Act 1993, make regulations dealing with the clearance of vegetation from, or the planting or nurturing of vegetation near, public or private powerlines. (2) Without limiting the generality of subsection (1), the regulations may— (a) authorise the making of agreements between electricity entities and occupiers of land with respect to vegetation clearance work around powerlines on, above or under the land; and (b) provide to owners or occupiers of land a right to object to a Minister or other specified person or body against proposed vegetation clearance work by electricity entities or councils around powerlines on, above or under the land, and provide for the consideration and determination of such objections; and (c) provide for a process under which vegetation clearance schemes with respect to public powerlines within council areas but not within the prescribed areas are negotiated, from time to time, between electricity entities and councils; and (d) provide for the granting of exemptions from the principles of vegetation clearance; and (e) make provisions of a savings or transitional nature; and (f) fix a penalty not exceeding $5 000 for contravention of a regulation.

Part 5A—Undergrounding of powerlines 58A—Program for undergrounding of powerlines (1) The Minister may prepare periodic programs for work to be carried out by an electricity entity for the undergrounding of powerlines forming part of a transmission or distribution network operated by the entity. (2) Undergrounding work may not be included in a program unless— (a) the council of each area concerned agrees to contribute to the cost of the work in its area on the basis determined by the Minister; or (b) the Minister determines, in relation to particular work, that the council need not contribute to the cost of the work. (3) In preparing programs, the Minister must ensure that the total cost of the work to be carried out at the expense of electricity entities in each financial year (as estimated by the Minister) is not less than an amount fixed or determined under the regulations for that financial year. (4) The Minister must consult with the Local Government Association of South Australia before a regulation is made for the purposes of subsection (3). (5) In preparing a program, the Minister must consult with, and seek proposals and submissions from, councils, electricity entities, bodies (other than councils) responsible for the care, control or management of roads and other persons as the Minister considers appropriate. (6) The Minister must give a copy of a program to each electricity entity required to undertake work in accordance with the program at least six months before the commencement of the period to which the program relates. (7) The Minister may, at the request or with the consent of an electricity entity required to undertake work in accordance with a program, vary the requirements imposed on the entity under the program. (8) Before varying a program, the Minister must consult with councils, electricity entities, bodies (other than councils) responsible for the care, control or management of roads and other persons as the Minister considers appropriate. (9) The Minister must give due consideration to matters arising from any submissions and consultations under this section.

Part 6—Safety and technical issues 59—Requirements relating to electrical installation connection and meter installation (1) A person must not personally carry out the work of connecting electricity supply from a transmission or distribution network to an electrical installation, or installing or replacing a meter, unless— (a) the person is carrying out the work as an employee or contractor directly or indirectly on behalf of a prescribed person; or (b) the electricity entity that operates the network has specifically authorised the person to carry out the work. Maximum penalty: $5 000. (1a) A prescribed person must not cause or permit or authorise a person to personally carry out the work of connecting electricity supply from a transmission or distribution network to an electrical installation, or installing or replacing a meter, unless the person personally carrying out the work has the appropriate knowledge and skills required for that purpose. Maximum penalty: $50 000. (1b) If, when electricity supply from a transmission or distribution network is connected to an electrical installation, other than an installation to which electricity supply from the network has previously been connected— (a) the installation does not comply with technical and safety requirements under the regulations; or (b) there is a failure to comply with technical and safety requirements under the regulations relating to the making of the connection, the person personally carrying out the work of making the connection and, if the person is carrying out the work as an employee or contractor directly or indirectly on behalf of the electricity entity that operates the network, the electricity entity are each guilty of an offence. (a) in the case of the person personally carrying out the work of making the connection—$5 000; (b) in the case of the electricity entity—$50 000. Expiation fee: in the case of the person personally carrying out the work of making the connection—$315. (1c) Subject to the regulations, neither the electricity entity that operates the network nor the person personally carrying out the work of making the connection commits an offence under subsection (1b)(a) in relation to an electrical installation if the entity has, before the making of the connection, been provided with a certificate of compliance issued under this Part in relation to the installation. (1d) If, when electricity supply from a transmission or distribution network is connected to an electrical installation following the prior disconnection from the network of electricity supply to the installation for safety reasons— (a) any work that has been carried out on the installation since the disconnection has not complied with the regulations; or (b) in a case where the disconnection was by, or at the direction of, an authorised officer or the Technical Regulator—the making of the connection has not been approved by an authorised officer or the Technical Regulator; or (c) in a case where the disconnection was by an electricity officer—there has not been rectification of the fault giving rise to the disconnection; or (d) there is a failure to comply with technical and safety requirements under the regulations relating to the making of the connection, the person personally carrying out the work of making the connection and, if the person is carrying out the work as an employee or contractor directly or indirectly on behalf of a prescribed person, the prescribed person are each guilty of an offence. (a) in the case of the person personally carrying out the work of making the connection—$10 000; (b) in the case of the prescribed person—$50 000. Expiation fee: in the case of a contravention of paragraph (b) by the person personally carrying out the work of making the connection—$1 000. (1e) Subject to the regulations, neither a prescribed person nor the person personally carrying out the work of making the connection commits an offence under subsection (1d)(a) in relation to work carried out on an electrical installation if the prescribed person has, before the making of the connection, been provided with a certificate of compliance issued under this Part in relation to the work on the installation. (1f) Neither a prescribed person nor the person personally carrying out the work of making the connection commits an offence under subsection (1d)(b) unless notice has been given, orally or by fax or email, to the prescribed person, or an employee or agent of the prescribed person, that electricity supply to the installation has been disconnected by, or at the direction of, an authorised officer or the Technical Regulator. (1g) If, in carrying out the work of installing or replacing a meter, there is a failure to comply with— (a) regulations relating to the carrying out of such work or examinations and tests relating to such work; or (b) technical and safety requirements under the regulations relating to the connection of electricity supply from a transmission or distribution network to an electrical installation, the person personally carrying out the work and, if the person is carrying out the work as an employee or contractor directly or indirectly on behalf of a prescribed person, the prescribed person are each guilty of an offence. (a) in the case of the person personally carrying out the work—$5 000; (b) in the case of the prescribed person—$50 000. Expiation fee: in the case of the person personally carrying out the work—$315. (2) An electricity officer for an electricity entity may disconnect the electricity supply to an electrical installation that— (a) is connected to the entity's transmission or distribution network in contravention of this section; or (b) otherwise does not comply with this Act. (3) For the purposes of this section, electricity supply to an electrical installation is disconnected for safety reasons if the electricity supply is disconnected— (a) by, or at the direction of, an authorised officer or the Technical Regulator; or (b) by an electricity officer because of a contravention of this Act relating to the electrical installation or its connection, or because the electrical installation is, in the officer's opinion unsafe; or (c) to allow work on the electrical installation to be carried out safely. (4) For the purposes of this section— (a) the electricity entity that operates the transmission or distribution network concerned is a prescribed person; and (b) a metering provider is a prescribed person in relation to the work of installing or replacing a meter; and (c) the work of installing or replacing a meter includes— (i) the temporary disconnection of the electricity supply while the work is carried out; and (ii) connecting or reconnecting electricity supply from a transmission or distribution network to the electrical installation to which the meter is wired following the installation or replacement of the meter. (5) In this section— meter means a meter and associated equipment for measuring the consumption of electricity supplied to a place from a transmission or distribution network; metering provider means a person accredited and registered as a metering provider under the National Electricity Rules. 60—Responsibility of owner or operator of infrastructure or installation (1) A person who owns or operates electricity infrastructure must take reasonable steps to ensure that— (a) the infrastructure complies with, and is operated in accordance with, technical and safety requirements imposed under the regulations; and (b) the infrastructure is safe and safely operated. (1a) A person who contravenes subsection (1) is guilty of an offence. (a) if the person committed the offence intentionally or recklessly and with the knowledge that an immediate and material risk of harm to any person will or might result— (i) if the offender is a body corporate—a penalty of $250 000; or (ii) in any other case—a penalty of $50 000; or (b) in any other case— (i) if the offender is a body corporate—a penalty of $100 000; or (ii) in any other case—a penalty of $20 000. (1b) A person who owns or operates an electrical installation must take reasonable steps to ensure that— (a) the installation complies with, and is operated in accordance with, technical and safety requirements imposed under the regulations; and (b) the installation is safe and safely operated. (a) if the offender is a body corporate—a penalty of $50 000; (b) in any other case—a penalty of $10 000. (2) For the purpose of ensuring under this section that an electrical installation complies with the technical and safety requirements and is safe, a person may, subject to the regulations, rely on a certificate of compliance issued under this Part in relation to the installation. 60A—Responsibility to ensure correct polarity and phase relationship An electricity entity that operates a transmission or distribution network must ensure that any work carried out on behalf of the entity that could affect the safety of connected electrical installations is appropriately tested to ensure the correct polarity and phase relationship. 60B—Safety, reliability, maintenance and technical management plans A person exempted from the requirement to hold a licence authorising the generation of electricity or the operation of a transmission or distribution network must, if so required by the Technical Regulator by written notice— (a) prepare, maintain and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation; and (b) obtain the approval of the Technical Regulator to the plan and any revision; and (c) comply with the plan as approved from time to time; and (d) audit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator. 61—Electrical installation work (1) A person to whom this subsection applies who carries out work on an electrical installation or proposed electrical installation must ensure that— (a) the work is carried out as required under the regulations; and (b) examinations and tests are carried out as required under the regulations; and (c) the requirements of the regulations as to notification and certificates of compliance are complied with. (a) if the offender is a body corporate—a penalty of $50 000; (b) in any other case—a penalty of $10 000. (2) Subsection (1) applies— (a) if a licensed electrical contractor under the Plumbers, Gas Fitters and Electricians Act 1995 or licensed building work contractor under the Building Work Contractors Act 1995 has employed or engaged a registered electrical worker under the Plumbers, Gas Fitters and Electricians Act 1995 to personally carry out work on an electrical installation or proposed electrical installation—to the licensed electrical contractor or licensed building work contractor; or (b) if a registered electrical worker under the Plumbers, Gas Fitters and Electricians Act 1995 who personally carries out work on an electrical installation or proposed electrical installation has not been employed or engaged to do so by a licensed electrical contractor under the Plumbers, Gas Fitters and Electricians Act 1995 or licensed building work contractor under the Building Work Contractors Act 1995—to the registered electrical worker. (3) A prosecution for an offence against subsection (1) may be brought at any time within the period of 3 years after the date on which the offence is alleged to have been committed. (4) If a person other than a person to whom subsection (1) applies personally carries out work of a kind prescribed by the regulations on an electrical installation or proposed electrical installation, the person must ensure that the work is carried out as required under the regulations. 61A—Unsafe installation of electrical equipment A person must not install electrical equipment that the person knows or should be reasonably expected to know is, or will be, unsafe in use. 61B—Design of electrical installations An electrical installation must be designed in accordance with technical and safety requirements under the regulations. 62—Power to require rectification etc in relation to infrastructure, installations or equipment (1) If electricity infrastructure, an electrical installation or electrical equipment is unsafe, or the Technical Regulator believes on reasonable grounds that the infrastructure, installation or equipment is, or may become, unsafe when in use, or does not comply with this Act, the Technical Regulator may give a direction requiring— (a) rectification of the infrastructure, installation or equipment to the Technical Regulator's satisfaction within a period specified in the direction; (b) if appropriate, the temporary disconnection of the electricity supply while the rectification work is carried out; (c) the disconnection and removal of the infrastructure, installation or equipment. (2) Subject to this section, a direction under this section must be given— (a) in relation to infrastructure—to the electricity entity that operates the infrastructure; (b) in relation to an installation or equipment— (i) in the case of an installation or equipment that is unsafe, or in relation to which it is reasonably believed that the installation or equipment is, or may become, unsafe when in use, as a result of work performed on the installation or equipment within 2 years before the giving of the direction and with the consent of the person in charge of the installation or equipment or the occupier of the place in which the installation or equipment is situated—to the person who carried out the work, unless that person is not authorised to carry out such work; or (ii) in any other case—to the person in charge of the installation or equipment or the occupier of the place in which the installation or equipment is situated. (3) A direction may be given by written notice or, if the Technical Regulator is of the opinion that immediate action is required, orally (but if the direction is given orally it must be confirmed in writing). (4) A person to whom a direction is given under this section— (b) must not fail to take action specified in the direction to rectify the contravention within the period specified in the direction; and (c) must not reconnect or permit the reconnection of the electricity supply, or connect or permit the connection of the infrastructure (or part of the infrastructure), installation or equipment to any other supply of electricity, without the written approval of an authorised officer. (a) in the case of an offence against paragraph (c)—$1 000; (5) If a person does not comply with a direction, the Technical Regulator may take the action that is reasonable and necessary to have the direction carried out. (6) A person, authorised in writing by the Technical Regulator, may do what is reasonable and necessary to carry out the direction. (7) The costs incurred in carrying out the direction are recoverable as a debt due to the Crown. 62A—Public warning statements (1) The Technical Regulator may, if satisfied that it is in the public interest to do so, make a public statement identifying and giving warnings or information about any of the following: (a) electrical equipment that, in the opinion of the Technical Regulator, is or is likely to become unsafe in use and persons who supply the equipment; (b) uses of electrical equipment, or installation practices, that, in the opinion of the Technical Regulator, pose a danger to persons or property; (c) any other dangers to persons or property associated with electricity or electrical equipment. (2) A statement under subsection (1) may identify particular electrical equipment, services, practices and persons. (3) The Technical Regulator is not obliged to conduct a hearing or invite submissions in connection with— (a) the exercise of a power under this section if the Technical Regulator considers that urgent action is required; or (b) a preliminary investigation conducted by the Technical Regulator for the purposes of this section. 62B—Immunity from liability (1) Neither the Technical Regulator nor the Crown incurs any liability for a statement made by the Technical Regulator in good faith in the exercise or purported exercise of powers under section 62A. (2) No liability is incurred by a person for publishing in good faith— (a) a statement referred to in subsection (1); or (b) a fair report or summary of such a statement. (3) It is the intention of the Parliament that the immunity from liability provided for in this section apply within the State and outside the State to the full extent of the extra‑territorial legislative capacity of the Parliament. 63—Reporting of accidents etc (1) If an accident involving or associated with any electricity infrastructure, electrical installation or electrical equipment results in electric shock, electrical burns or a prescribed fire the accident must be reported as required under the regulations— (a) if the accident involves part of an electricity entity's infrastructure—by the electricity entity; or (b) if the accident happens while an electrical worker is working on an electrical installation or equipment and the electrical worker is able to make the report—by the electrical worker; or (c) in any other case—by the occupier of the place in which the accident happens. (2) Despite subsection (1)(c), an occupier is not required to report an accident that results in a prescribed fire. (3) For the purposes of an investigation of an accident of a kind referred to in subsection (1), the Technical Regulator may prohibit, restrict or regulate access to any infrastructure, installation or equipment involved in or associated with the accident. (4) A person must not alter or interfere with— (a) any infrastructure, installation or equipment involved in or associated with an accident of a kind referred to in subsection (1); or (b) anything prohibiting, restricting or regulating access to any such infrastructure, installation or equipment. (5) Despite subsections (3) and (4), a person may alter or interfere with the infrastructure, installation or equipment or anything prohibiting, restricting or regulating access to it— (a) if to do so is necessary to— (i) maintain the integrity of a network; or (ii) avert an immediate and serious danger to a person or property; or (b) with the approval of the Technical Regulator. (6) In this section— prescribed fire means a fire that involves the attendance of an officer (including a volunteer officer) or employee of an emergency services organisation within the meaning of the Fire and Emergency Services Act 2005.