96Powers of Minister

96 Powers of Minister (1) While a proclamation is in force, the Minister may give any directions that the Minister thinks necessary to— (a) protect any undertaking of a distribution company, a transmission company or a generation company or a person who supplies electricity to another person; or (b) ensure the safe, economical or effective supply of electricity; or (c) ensure that the available electricity is fairly distributed to the community; or (d) increase the available supply of electricity; or (e) regulate the use of the available supply of electricity, having regard to the needs of the community. (2) Without limiting subsection (1), the Minister may, by notice in writing, do all or any of the following— (a) give any directions that are necessary to control, direct, authorise conduct in relation to, restrict or prohibit the supply, distribution, sale, use or consumption of electricity; (b) direct a person or body to carry out any work required to ensure the generation, supply or distribution of electricity; (c) direct a person or body to maintain or operate any services required to ensure the generation, supply or distribution of electricity; (d) requisition the use of property of any kind which is used, or may be used, for or in connection with the generation, supply or distribution of electricity; (e) operate, use, dispose of, distribute, store, repair and maintain any such property; (f) authorise a person specified in the notice to enter any land, building or structure used for or in connection with the provision of electricity; (g) authorise a person specified in the notice to withdraw the supply of electricity from any consumer the person reasonably believes is in breach of any direction given under paragraph (a); (h) provide, by direction, for any matter or thing incidental to the carrying into effect of the powers referred to in this section. (3) A direction— (a) may operate generally, or may be limited in its operation according to specified times, places, circumstances, conditions or restrictions; and (b) may, if so specified in the direction, allow the Minister to exempt a person or body from having to comply with the direction; and (c) may be addressed or directed to people and bodies generally or particularly; and (d) subject to subsection (7), takes effect when made or, if a later time is specified in the direction, at that later time; and (e) has effect as if enacted in this Act. (4) A direction including a direction under subsection (6) must be published in the Government Gazette as soon as possible after it is made. (5) Notice of a requisition relating to a class of property must be published in the Government Gazette as soon as possible after it is made. (6) The Minister may at any time by direction under this section amend or revoke a direction made, or purportedly made, under this section or may return requisitioned property. (7) If a direction of the Minister under subsection (6) amending an earlier direction for the purpose of correcting a defect, mistake or omission— (a) includes the statement that the earlier direction is deemed to have been made as so amended; and (b) is made not later than 3 months after the earlier direction was made— the earlier direction is deemed to have been made as so amended. (8) If the Minister requisitions the use of property under subsection (2)(d), the reasonable costs of compensating the owner of that property for the requisition and making good any damage resulting from the requisition must be determined by the Minister. S. 96(9) amended by No. 50/2011 s. 46(Sch. item 5.2). (9) If there is a dispute as to the Minister's determination, the Minister must refer the matter for arbitration by a sole arbitrator under the **Commercial Arbitration Act 2011**. (10) Requisitioned property that has not been disposed of must be returned as soon as it is safe to do so after the Governor in Council revokes a proclamation. (11) The amendment, revocation or expiry of a direction does not affect— (a) the previous operation of the direction; or (b) the validity of any action taken under the direction before the amendment, revocation or expiry; or (c) any penalty or punishment incurred in respect of any failure to comply with the direction before the amendment, revocation or expiry or any proceeding or remedy in respect of the penalty or punishment.