33AMinisterial powers in relation to transmission company licences

33A Ministerial powers in relation to transmission company licences (1) Despite anything to the contrary in this Division, the Minister, by Order published in the Government Gazette, may— (a) revoke a condition to which a licence to transmit electricity is subject; or (b) amend a condition to which a licence to transmit electricity is subject; or (c) revoke a licence. (2) The Minister, as soon as practicable after making an Order under subsection (1), must notify the Commission of the making of an Order. S. 33AB inserted by No. 37/2020 s. 7. 33AB Ministerial licence conditions (1) Despite anything to the contrary in this Division but subject to sections 33AC to 33AG, the Minister, by Order published in the Government Gazette, may do any one or more of the following— (a) specify, as the Minister thinks fit, a condition to which a particular licence, or a specified class of licence, is to be subject; (b) vary, as the Minister thinks fit, a condition specified under paragraph (a); (c) revoke, as the Minister thinks fit, a condition specified under paragraph (a), including a condition that has been varied under paragraph (b). (2) In making an Order under subsection (1), the Minister— (a) must have regard to— (i) any significant costs and benefits for an affected licensee or any other person that the Minister considers are likely to arise out of the making of the Order; and (ii) any written representations made to the Minister by an affected licensee in accordance with a notice given to the affected licensee under section 33AE; and (b) may have regard to any other matter that the Minister considers relevant. S. 33AC inserted by No. 37/2020 s. 7. 33AC Contents of Ministerial licence conditions (1) Without limiting section 33AB(1), a Ministerial licence condition may include provisions in relation to any of the following— (a) specifying requirements relating to the connection of supply of electricity to premises, including timeframes for the completion of— (i) connections or classes of connections under negotiated connection contracts of the supply of electricity— (A) to premises or classes of premises; or (B) to premises or classes of premises occupied, or to be occupied, by specified customers or classes of specified customers; and (ii) specified steps for the completion of connections or classes of connections referred to in subparagraph (i) under negotiated connection contracts; (b) specifying requirements relating to timeframes for the completion of connections of supply of electricity to premises, including timeframes referred to in paragraph (a); (c) a matter for which a licence condition may include provisions under section 21 (except section 21(a), (r) and (s)) (the ***applied provisions***). (2) For the purposes of subsection (1)(c), a reference in the applied provisions to the Commission is to be read as a reference to the Commission or the Minister. (3) In addition, a Ministerial licence condition may— (b) differ according to differences in time, place and circumstances; (c) apply, adopt or incorporate wholly or partially or as amended by the Ministerial licence condition, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) as formulated, issued, prescribed or published at the time the Ministerial licence condition takes effect or at any time before the Ministerial licence condition takes effect; or (ii) as amended from time to time; (d) confer powers and functions on, and leave any matter to be decided by, the Commission. S. 33AD inserted by No. 37/2020 s. 7. 33AD Consultation with Ministers Before making an Order under section 33AB(1), the Minister must consult— (a) the Premier; and (b) the Treasurer; and (c) the Minister administering the **Essential Services Commission Act 2001**, if the Minister is not the Premier or Treasurer. S. 33AE inserted by No. 37/2020 s. 7. 33AE Consultation with affected licensees in certain cases (1) Before making an Order pursuant to section 33AB(1)(a) or (b), the Minister must give an affected licensee notice of the Minister's intention to make the Order. (2) For the purposes of subsection (1), a notice under that subsection must, as the case requires— (a) set out the condition which is proposed to be specified under the Order as the condition to which the licence held by the affected licensee is to be subject; or (b) set out the variation proposed under the Order to the Ministerial licence condition to which the licence held by the affected licensee is subject. (3) In addition, a notice under subsection (1) must state that the affected licensee may make written representations on the matter within— (a) the period specified in the notice (which must not be less than 14 days after the affected licensee is given notice in accordance with this section); or (b) any other period that the Minister and the affected licensee agree on. (4) For the purposes of this section, notice is to be given to an affected licensee as follows— (a) by notice published in the Government Gazette or in writing to the affected licensee, if the Minister is proposing to make an Order under section 33AB(1) that— (i) specifies a condition to which a specified class of licence is to be subject and the affected licensee is a holder of a licence of that class; or (ii) varies a Ministerial licence condition to which a specified class of licence is subject and the affected licensee is a holder of a licence of that class; (b) in writing to the affected licensee, if the Minister is proposing to make an Order under section 33AB(1) that— (i) specifies a condition to which only the licence held by the affected licensee is to be subject; or (ii) varies a Ministerial licence condition to which only the licence held by the affected licensee is subject. S. 33AF inserted by No. 37/2020 s. 7. 33AF Notification of the Commission The Minister must give the Commission a copy of a notice under section 33AE as soon as practicable after the notice is given to an affected licensee under that section. S. 33AG inserted by No. 37/2020 s. 7. 33AG No consultation for proposed Order in certain cases Sections 33AD and 33AE do not apply if the Order that the Minister proposes under section 33AB(1) is an Order— (a) to vary a Ministerial licence condition to correct a clerical mistake or an error arising from an accidental slip or omission; or (b) to revoke a Ministerial licence condition. S. 33AH inserted by No. 37/2020 s. 7. 33AH Minister to notify Commission of making of Order under section 33AB(1) The Minister, as soon as practicable after making an Order under section 33AB(1), must notify the Commission of the making of the Order. S. 33AI inserted by No. 37/2020 s. 7. 33AI Licences are taken to be subject to Ministerial licence conditions (1) A licence is taken to be subject to an applicable Ministerial licence condition on— (a) the day on which the Order under which the applicable Ministerial licence condition is specified (the ***applicable Order***) is published in the Government Gazette; or (b) if the applicable Order specifies a day after the day on which the applicable Order is published in the Government Gazette as the day on which the licence is to be subject to the condition—that day. (2) A licence is taken to be subject to an applicable Ministerial licence condition as varied under an Order under section 33AB(1) on— (a) the day on which the Order under which the applicable Ministerial licence condition is varied (the ***applicable Order***) is published in the Government Gazette; or (b) if the applicable Order specifies a day after the day on which the Order is published in the Government Gazette as the day on which the applicable Ministerial licence condition is varied—that day. S. 33AJ inserted by No. 37/2020 s. 7. 33AJ Inconsistency between Ministerial licence conditions and Commission licence conditions A condition decided by the Commission under section 20 as a condition to which a licence is subject, or a provision of an instrument made by the Commission that applies to a licensee under a condition to which the licensee's licence is subject, is of no effect to the extent that the condition or instrument is inconsistent with a deemed Ministerial licence condition. Pt 2 Div. 3A (Heading and ss 33B–33F) inserted by No. 1/2017 s. 9.