Part 1 Preliminary

Part 1 Preliminary

1 Name of Act

1 Name of Act

This Act is the Electricity Supply Act 1995.

2 Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Objects

3 Objects

The objects of this Act are—

(a) to promote the efficient and environmentally responsible production and use of electricity and to deliver a safe and reliable supply of electricity, and

Note.

Customer choice and rights in relation to electricity connections and electricity supply are provided for by the National Energy Retail Law (NSW).

(b) to confer on network operators such powers as are necessary to enable them to construct, operate, repair and maintain their electricity works, and

(c) to facilitate and support the efficient and timely investment in electricity infrastructure under the Electricity Infrastructure Investment Act 2020, and

(d) to promote and encourage the safety of persons and property in relation to the generation, transmission, distribution and use of electricity, and

(e) to ensure that any significant disruption to the supply of electricity in an emergency is managed effectively.

s 3: Am 1997 No 20, Sch 1.3 [2] [3]; 2004 No 4, Sch 2 [1]; 2012 No 38, Sch 1 [1] [2]; 2017 No 59, Sch 1 [2]; 2025 No 80, Sch 2[1].

4 Definitions and notes

4 Definitions and notes

(1) Expressions used in this Act that are defined in the dictionary at the end of this Act have the meanings set out in the dictionary.

(2) Notes included in this Act do not form part of this Act.

(3) Words and expressions used in this Act have the same meaning as they have in the National Energy Retail Law (NSW) but (unless otherwise expressly provided) have that meaning only in relation to the supply of electricity.

s 4: Am 2000 No 109, Sch 1 [2]; 2012 No 38, Sch 1 [3].

5 Act binds Crown

5 Act binds Crown

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.

Part 2

Part 2

6–12 (Repealed)

pt 2: Rep 1997 No 20, Sch 1.3 [4].

s 6: Rep 1997 No 20, Sch 1.3 [4].

s 7: Rep 1997 No 20, Sch 1.3 [4].

s 8: Subst 1997 No 21, Sch 1 [1]. Rep 1997 No 20, Sch 1.3 [4].

ss 9–11: Rep 1997 No 20, Sch 1.3 [4].

s 12: Am 1997 No 21, Sch 1 [2]. Rep 1997 No 20, Sch 1.3 [4].

Part 3 Network operations in the retail market

Part 3 Network operations in the retail market

Division 1 Network operations

Division 1 Network operations

12A Meaning of “distribution system”

12A Meaning of “distribution system”

(1) In this Act—

distribution system means—

(a) the electricity power lines and associated equipment and electricity structures used to convey and control the conveyance of electricity—

(i) to the premises of wholesale and retail customers, up to the connection point for the premises, whether or not the connection point is on the building or land comprising the premises, or

(ii) to, from and along the rail network electricity system operated by, for or on behalf of Sydney Metro, Sydney Trains, Transport Asset Manager of New South Wales or Transport for NSW, or

(b) a regulated stand-alone power system.

(2) A distribution system does not include the following—

(a) a transmission system,

(b) any of the following excluded by the regulations—

(i) specified electricity power lines,

(ii) specified electricity structures,

(iii) specified equipment.

s 12A: Ins 2021 No 34, Sch 1[1]. Am 2024 No 58, Sch 2.1.

13 Operation of distribution systems for retail supply

13 Operation of distribution systems for retail supply

A person must not operate a distribution system for the purpose of conveying electricity, for or on behalf of retailers, otherwise than under the authority of a distributor’s licence.

Maximum penalty—5,000 penalty units.

s 13: Am 2012 No 38, Sch 1 [4]; 2015 No 5, Sch 8.7 [1].

14 Licences

14 Licences

(1) The Minister may grant distributors’ licences for the purposes of this Act.

(2) Schedule 2 has effect with respect to the granting, variation, transfer and cancellation of distributors’ licences.

s 14: Am 2000 No 109, Sch 1 [3].

15

15, 15A (Repealed)

16 Distributors to convey electricity for certain persons only

16 Distributors to convey electricity for certain persons only

It is a condition of a distributor’s licence that the distributor must not operate a distribution system for the purpose of conveying electricity for or on behalf of any person unless the person is—

(a) a retailer, or

(b) a Registered participant within the meaning of the National Electricity (NSW) Law, or

(c) a person prescribed by the regulations, or a member of a class of persons prescribed by the regulations.

(d) (Repealed)

s 16: Subst 1997 No 21, Sch 1 [3]. Am 1997 No 20, Sch 1.3 [5] [6]; 2012 No 38, Sch 1 [15]; 2021 No 34, Sch 1[2] [3].

17

17, 18 (Repealed)

Division 2

Divisions 2, 3

19–23 (Repealed)

pt 3, div 2: Rep 2012 No 38, Sch 1 [17].

s 19: Am 1997 No 21, Sch 1 [4]. Rep 2012 No 38, Sch 1 [17].

s 20: Am 1997 No 21, Sch 1 [5]. Rep 2012 No 38, Sch 1 [17].

s 21: Rep 2012 No 38, Sch 1 [17].

s 22: Rep 2012 No 38, Sch 1 [17].

pt 3, div 3: Rep 2012 No 38, Sch 1 [17].

s 23: Am 1997 No 21, Sch 1 [6] [7]. Rep 2012 No 38, Sch 1 [17].

Division 4 Requirements relating to customer connection services

Division 4 Requirements relating to customer connection services

24 Application

24 Application

(1) This Division applies to any person who applies to a distributor for the provision of customer connection services or to whom customer connection services are provided.

(2) A distributor may refuse to provide customer connection services to a person who fails to comply with a requirement under this Division.

(3) In this Division, customer connection services means connection services within the meaning of Chapter 5A of the National Electricity Rules, except as may be provided by the regulations.

s 24: Am 2012 No 38, Sch 1 [18].

25

25 (Repealed)

26 Service lines

26 Service lines

(1) A distributor may require the installation of such service lines, and provision for their attachment, as it considers necessary to provide a supply of electricity to or from a customer.

(2) The type, construction and route of a service line and its point of connection are to be as determined by the distributor.

(3) A distributor may require premises to be provided with more than one point of connection if the distributor considers it necessary to avoid interference with the supply of electricity to or from any other premises.

s 26: Am 2009 No 101, Sch 1 [2].

27 Service equipment

27 Service equipment

(1) A distributor may require the installation of such service equipment, and provision for its mounting, as it considers necessary for the provision of a safe and efficient supply of electricity to or from a customer.

(2) The position and standards of installation of service equipment are to be as determined by the distributor.

s 27: Am 2009 No 101, Sch 1 [2].

28 Transformers

28 Transformers

(1) This section applies if, in the opinion of the distributor, the supply of electricity required by a customer—

(a) exceeds that which can be provided by a service line from its street mains, and

(b) can best be given by installing transformers, switchgear or other equipment on the premises to be supplied.

(2) In such a case, the distributor may require the customer to provide for use by the distributor, free of cost, a place within those premises to accommodate the transformers, switchgear or other equipment that the distributor considers should be installed.

(3) The place provided must be approved by, and must be enclosed in a manner approved by, the distributor.

29

29 (Repealed)

30 Requirements as to installation and use of apparatus

30 Requirements as to installation and use of apparatus

(1) A distributor—

(a) may impose such requirements as to the installation and use of electrical appliances and equipment by the customer as the distributor considers necessary to prevent or minimise adverse effects on the supply of electricity to or from other customers, and

(b) may impose requirements relating to loading of, and the balancing of the load over, the phases of the customer’s electricity supply, and

(c) may impose requirements as to the minimum rupture rating or minimum breaking capacity of the customer’s main protective devices, and

(d) may require the customer to install relays, current transformers and other protective equipment having characteristics to suit the distributor’s protective system.

(2) A customer must comply with any requirement imposed on the customer under this section.

s 30: Am 2009 No 101, Sch 1 [2].

31 Customer may choose supplier and contractor

31 Customer may choose supplier and contractor

(1) For the purpose of complying with any requirement imposed under this Division, a customer may elect—

(a) to have any required electrical or other goods provided by the distributor (in the case of goods that are available from the distributor) or by any other person, and

(b) to have any required electrical or other services provided by the distributor (in the case of services that are available from the distributor) or by an accredited service provider.

(2) (Repealed)

s 31: Am 2012 No 38, Sch 1 [20]; 2014 No 88, Sch 1.6 [3]; 2016 No 8, Sch 1 [2] [3].

31A Accredited service providers

31A Accredited service providers

(1) A person must not provide a contestable network service unless the person is accredited to provide services in accordance with the regulations (an accredited service provider) and the person’s accreditation authorises the person to provide the contestable network service concerned.

Maximum penalty—500 penalty units.

(2) The regulations may exempt the provision of specified, or a specified class of, contestable network services from the requirement that the services must be provided by an accredited service provider.

(3) The exemption may be unconditional or subject to conditions.

(4) The regulations may make provision for or with respect to the following—

(a) the accreditation of accredited service providers (including the imposition of conditions on accreditation),

(b) different classes of accredited service providers,

(c) the payment of fees in connection with the accreditation of accredited service providers (including the imposition of fees for applications for accreditation and renewal of accreditation).

(4A) Without limiting subsection (4), the regulations may provide for the making of rules (scheme rules) by the Minister for or with respect to the following—

(a) the classes of contestable network services a person may be accredited to provide,

(b) the eligibility requirements for—

(i) an accreditation, including the required qualifications, experience and training, or

(ii) a renewal of an accreditation,

(c) the means by which a person applying for an accreditation or renewal of an accreditation may give evidence of the person’s eligibility for accreditation or renewal,

(d) fees required for an application for, or renewal of, an accreditation,

(e) other matters required or permitted to be specified in the scheme rules by this Act or the regulations.

(5) In this section—

contestable network service means—

(a) a service provided for the purpose of complying with a requirement imposed by a distributor under this Division, and

(b) any other distribution service (within the meaning of the National Electricity Rules) prescribed by the regulations.

s 31A: Ins 2016 No 8, Sch 1 [4]. Am 2025 No 80, Sch 2[2].

32

32 (Repealed)

Division 5 Levy

Division 5 Levy

pt 3, div 5: Ins 1997 No 36, Sch 1 [1].

32A Definitions

32A Definitions

In this Division—

licensee means the holder of a distributor’s licence.

network income of a licensee means the income derived by the licensee from the use of the distribution system of the licensee in the provision of electricity network services.

s 32A: Ins 1997 No 36, Sch 1 [1]. Am 2000 No 109, Sch 1 [7] [8].

32AA Exemption for transacted distribution system

32AA Exemption for transacted distribution system

This Division does not apply to a licensee in respect of a transacted distribution system under the Electricity Network Assets (Authorised Transactions) Act 2015.

s 32AA: Ins 2015 No 5, Sch 8.7 [2].

32B Distributor’s levy

32B Distributor’s levy

(1) A licensee must pay to the Treasurer, in respect of each financial year during which the licensee holds a distributor’s licence, the levy determined in respect of that year by order of the Governor, on the recommendation of the Treasurer, applying to the licensee and published in the Gazette.

(2) The Treasurer, in recommending the amount of a levy for a financial year payable by a licensee, must be satisfied that the amount reasonably represents the amount by which the network income (as estimated by the Treasurer) of the licensee in that year is likely to exceed the sum of the amounts (as estimated by the Treasurer) to be—

(a) the costs of deriving the income, and

(b) the taxes payable in deriving that income, and

(c) a reasonable return on the capital of the licensee used in deriving that income,

having regard to—

(d) the likely consumption of electricity in that financial year by customers (other than customers who are specified or described in an order made under section 43E (6)) who are connected to the licensee’s distribution system, and

(e) such other matters as the Treasurer determines after consultation with the licensee.

(3) The levy is payable for the financial year commencing on 1 July 1997 and later financial years.

(4) Despite the other provisions of this section, no levy is to be determined in respect of the year commencing on 1 July 2001, or any subsequent year, unless the Treasurer, by order published in the Gazette, approves the determination of a levy.

(5) An approval of the Treasurer under subsection (4)—

(a) must be published in the Gazette before the beginning of a year to which it applies, and

(b) may apply to one or more years as specified or described in the approval.

s 32B: Ins 1997 No 36, Sch 1 [1]. Am 1998 No 78, Sch 1 [1]; 2000 No 109, Sch 1 [9]; 2001 No 39, Sch 3 [1].

32C Variation of levy

32C Variation of levy

(1) The amount of a levy payable by a licensee in respect of a financial year may be varied by order of the Governor applying to the licensee and published in the Gazette.

(2) Such an order may be made before or during the financial year concerned or during the following financial year, but not later.

(3) The Treasurer, in recommending a variation of a levy for a financial year payable by a licensee, must be satisfied of the matters referred to in section 32B (2).

ss 32C–32E: Ins 1997 No 36, Sch 1 [1].

32D Becoming a licensee during a year

32D Becoming a licensee during a year

(1) If a person becomes a licensee during a financial year, a levy may be determined under this Division for the licensee in respect of the remaining part of that financial year.

(2) The other sections of this Division apply to the licensee in respect of that financial year as if references in those sections to a financial year were references to the remaining part of that financial year.

ss 32C–32E: Ins 1997 No 36, Sch 1 [1].

32E Ceasing to be a licensee during a year

32E Ceasing to be a licensee during a year

(1) If a person ceases to be a licensee during a financial year, the amount of levy payable by the licensee may be adjusted by order of the Governor, applying to the licensee and published in the Gazette, having regard to the length of the portion of that financial year that the distributor’s licence was in force.

(2) Such a person is entitled to a refund of any money paid in excess of the amount of the levy as so adjusted.

(3) However, a person does not, by ceasing to be a licensee, cease to be liable to a levy, or to a variation of a levy under section 32C, in respect of any period during which the person was a licensee.

(4) Accordingly, a reference in this Division to a licensee includes a reference to a former licensee, but without making the former licensee liable to a levy in respect of any period after the person ceased to be the holder of a distributor’s licence.

(5) The other sections of this Division apply for the purpose of calculating an adjustment referred to in subsection (1) or a variation referred to in subsection (3) as if references in those sections to a financial year were references to the portion of the financial year during which the distributor’s licence was in force.

ss 32C–32E: Ins 1997 No 36, Sch 1 [1].

32F Payment and recovery of levy

32F Payment and recovery of levy

(1) The levy in respect of a financial year is payable at such times (whether during or after that year) and in such manner as are—

(a) determined in the order imposing, varying or adjusting it (subject to any agreement referred to in paragraph (b)), or

(b) agreed on between the Treasurer and the licensee under section 182.

(2) A levy under this Division is recoverable as a debt due to the Crown in any court of competent jurisdiction.

s 32F: Ins 1997 No 36, Sch 1 [1]. Am 2009 No 36, Sch 1 [6].

32G Operation of Division

32G Operation of Division

(1) It is a condition of a distributor’s licence that the licensee must pay the levy in accordance with this Division.

(2) Nothing in this Division affects the operation of section 5.4 (Payment of financial distributions to Treasurer) of the Government Sector Finance Act 2018.

s 32G: Ins 1997 No 36, Sch 1 [1]. Am 2018 No 70, Sch 4.31.

Part 4 Retail pricing and charges for electricity

Part 4 Retail pricing and charges for electricity

pt 4, hdg: Am 2012 No 38, Sch 1 [21]; 2025 No 80, Sch 2[3].

43A Definitions

43A Definitions

In this Division—

electricity network pricing determination means a determination of the distribution network service pricing in accordance with the National Electricity Rules for the provision of electricity network services by a licensee.

licensee means the holder of a distributor’s licence but does not include an authorised distributor under the Electricity Network Assets (Authorised Transactions) Act 2015.

s 43A: Ins 1997 No 36, Sch 1 [2]. Am 1999 No 85, Sch 1.11 [1] [2]; 2000 No 109, Sch 1 [11] [12]; 2012 No 38, Sch 1 [23]; 2015 No 5, Sch 8.7 [3].

43B Pricing of electricity for customers other than exempt customers

43B Pricing of electricity for customers other than exempt customers

(1) The price for electricity network services that are the subject of an electricity network pricing determination and that are provided by a licensee with respect to customers (other than customers who are specified or described in an order made under section 43E (6)) is increased by an amount determined by an order made by the Governor on the recommendation of the Treasurer and published in the Gazette that does not exceed 0.550 cents per kilowatt hour of the electricity supplied.

(2) An electricity network pricing determination increased in accordance with this section has effect under the National Electricity Rules as if the determination included the increase.

(3) An electricity network pricing determination that includes an amount determined by an order made as referred to in subsection (1) is not to be further increased in accordance with this section.

s 43B: Ins 1997 No 36, Sch 1 [2]. Am 1998 No 78, Sch 1 [1] [2]; 1999 No 85, Sch 1.11 [3]–[5]; 2000 No 109, Sch 1 [13]; 2012 No 38, Sch 1 [23].

43C

43C (Repealed)

43D Returns

43D Returns

(1) A licensee is, within such periods as are specified or described from time to time by the Treasurer by notice to the licensee or by notice published in the Gazette, required to furnish to the Treasurer a return setting out—

(a) such information relating to forecast and actual consumption of electricity by customers (other than customers who are specified or described in an order made under section 43E (6)) as is specified or described in such a notice, and

(b) such other information as is specified or described in such a notice, being information that is relevant to the licensee’s obligations under this Division.

(2) The information in such a return is to be furnished in such manner and form as is specified or described in such a notice.

(3) The Treasurer may, by notice to the licensee or by notice published in the Gazette, require supplementary or further information from the licensee at any time.

s 43D: Ins 1997 No 36, Sch 1 [2]. Am 1998 No 78, Sch 1 [1]; 2000 No 109, Sch 1 [15].

43E Operation of Division

43E Operation of Division

(1) It is a condition of a distributor’s licence that the licensee must comply with the requirements of this Division.

(2) This Division applies to customers provided with electricity network services under any contract.

(3) The regulations may make provision for or with respect to phasing in the increase effected by section 43B (1) in relation to any class or classes of customers, in cases where it is not practicable to ascertain the exact amount of electricity supplied for any period commencing with the commencement of this section.

(4) This Division does not apply to electricity network services provided to a customer under a contract that—

(a) was entered into before 6 May 1997, and

(b) contains a provision in force before that date that expressly precludes payment of additional charges for electricity network services provided under it.

(5) This Division does not apply in relation to electricity network services provided during any period specified or described in an order made by the Governor on the recommendation of the Treasurer and published in the Gazette.

(6) This Division does not apply in relation to electricity network services provided to customers of a class specified or described in an order made by the Governor on the recommendation of the Treasurer and published in the Gazette.

(6A) This Division does not apply to transmission services within the meaning of the National Electricity Rules.

(7) Nothing in this Division gives rise to any rights that are justiciable by a customer of a licensee or to any grounds that constitute a defence to proceedings for the recovery of any amount from a customer of a licensee.

s 43E: Ins 1997 No 36, Sch 1 [2]. Am 1998 No 78, Sch 1 [1] [4]; 1999 No 85, Sch 1.11 [6]; 2000 No 109, Sch 1 [16]; 2012 No 38, Sch 1 [24].

43EA

43EA–43ES

s 43EA: Ins 2000 No 109, Sch 1 [17]. Rep 2015 No 36, Sch 3 [5].

s 43EB: Ins 2000 No 109, Sch 1 [17]. Am 2012 No 38, Sch 1 [25]. Rep 2015 No 36, Sch 3 [6].

s 43EC: Ins 2000 No 109, Sch 1 [17]. Am 2012 No 46, Sch 7 [6]. Rep 2021 No 34, Sch 1[4].

s 43ECA: Ins 2012 No 46, Sch 7 [5]. Rep 2021 No 34, Sch 1[4].

s 43ECB: Ins 2012 No 46, Sch 7 [5]. Rep 2021 No 34, Sch 1[4].

s 43ED: Ins 2000 No 109, Sch 1 [17]. Rep 2021 No 34, Sch 1[4].

s 43EE: Ins 2000 No 109, Sch 1 [17]. Am 2012 No 38, Sch 1 [26]; 2015 No 36, Sch 3 [7]. Rep 2021 No 34, Sch 1[4].

s 43EF: Ins 2000 No 109, Sch 1 [17]. Am 2012 No 38, Sch 1 [27] [28]; 2015 No 36, Sch 3 [8]. Rep 2021 No 34, Sch 1[4].

s 43EG: Ins 2000 No 109, Sch 1 [17]. Rep 2021 No 34, Sch 1[4].

s 43EH: Ins 2000 No 109, Sch 1 [17]. Rep 2021 No 34, Sch 1[4].

s 43EI: Ins 2000 No 109, Sch 1 [17]. Am 2009 No 54, Sch 2.17 [1]–[5]; 2014 No 88, Sch 2.19 [2]. Rep 2021 No 34, Sch 1[4].

s 43EJ: Ins 2000 No 109, Sch 1 [17]. Subst 2012 No 46, Sch 7 [7]. Am 2015 No 36, Sch 3 [9] [10]. Rep 2021 No 34, Sch 1[4].

s 43EK: Ins 2000 No 109, Sch 1 [17]. Rep 2012 No 38, Sch 1 [29].

s 43EL: Ins 2000 No 109, Sch 1 [17]. Rep 2012 No 38, Sch 1 [29].

s 43EM: Ins 2000 No 109, Sch 1 [17]. Rep 2012 No 38, Sch 1 [29].

s 43EN: Ins 2000 No 109, Sch 1 [17]. Rep 2012 No 38, Sch 1 [29].

s 43EO: Ins 2000 No 109, Sch 1 [17]. Rep 2012 No 38, Sch 1 [29].

s 43EP: Ins 2000 No 109, Sch 1 [17]. Rep 2012 No 38, Sch 1 [29].

s 43EQ: Ins 2000 No 109, Sch 1 [17]. Rep 2012 No 38, Sch 1 [29].

s 43ER: Ins 2000 No 109, Sch 1 [17]. Rep 2012 No 38, Sch 1 [29].

s 43ES: Ins 2000 No 109, Sch 1 [17]. Rep 2012 No 38, Sch 1 [29].

43F Definition

43F Definition

In this division—

solar-generated electricity means electricity generated by a solar photovoltaic system.

s 43F: Ins 1998 No 78, Sch 1 [5]. Rep 2015 No 5, Sch 8.7 [4]. Ins 2025 No 80, Sch 2[4].

43G Solar-generated electricity supplied by small customers

43G Solar-generated electricity supplied by small customers

If a small customer supplies solar-generated electricity to a retailer or an exempt seller, the retailer or exempt seller must not—

(a) charge the customer for the solar-generated electricity supplied, or

(b) credit the customer for the solar-generated electricity supplied at a rate less than $0 per kilowatt hour.

Maximum penalty—

(a) for a corporation—100 penalty units, or

(b) for an individual—50 penalty units.

s 43G: Ins 1998 No 78, Sch 1 [5]. Am 2001 No 39, Sch 3 [2]. Rep 2015 No 5, Sch 8.7 [4]. Ins 2025 No 80, Sch 2[4].

43H Solar-generated electricity supplied by customers other than small customers

43H Solar-generated electricity supplied by customers other than small customers

(1) This section applies if a customer, other than a small customer, supplies solar-generated electricity to a retailer or an exempt seller during a billing period for the customer.

(2) The retailer or exempt seller must not charge the customer an amount for the solar-generated electricity supplied that is more than the amount credited to the customer for the solar-generated electricity supplied.

Maximum penalty—

(a) for a corporation—100 penalty units, or

(b) for an individual—50 penalty units.

(3) In this section—

billing period, for a customer other than a small customer, means the period to which a bill, issued to the customer by the retailer or exempt seller, applies.

s 43H: Ins 1998 No 78, Sch 1 [5]. Rep 2015 No 5, Sch 8.7 [4]. Ins 2025 No 80, Sch 2[4].

pt 4, div 6: Ins 2000 No 109, Sch 1 [17]. Rep 2012 No 38, Sch 1 [29].

Part 4A

Part 4A

43I–43P (Repealed)

pt 4A, div 1: Ins 1998 No 78, Sch 1 [5]. Rep 2015 No 5, Sch 8.7 [4].

s 43I: Ins 1998 No 78, Sch 1 [5]. Rep 2015 No 5, Sch 8.7 [4].

s 43J: Ins 1998 No 78, Sch 1 [5]. Rep 2015 No 5, Sch 8.7 [4].

s 43K: Ins 1998 No 78, Sch 1 [5]. Rep 2015 No 5, Sch 8.7 [4].

s 43L: Ins 1998 No 78, Sch 1 [5]. Rep 2015 No 5, Sch 8.7 [4].

pt 4A, div 2: Ins 1998 No 78, Sch 1 [5]. Rep 2015 No 5, Sch 8.7 [4].

s 43M: Ins 1998 No 78, Sch 1 [5]. Subst 1999 No 35, Sch 1 [1]. Am 1999 No 85, Sch 1.11 [7] [8]; 2012 No 38, Sch 1 [30]. Rep 2015 No 5, Sch 8.7 [4].

s 43N: Ins 1998 No 78, Sch 1 [5]. Am 1999 No 35, Sch 1 [2]–[4]; 1999 No 85, Sch 1.11 [9] [10]; 2012 No 38, Sch 1 [31]. Rep 2015 No 5, Sch 8.7 [4].

s 43O: Ins 1998 No 78, Sch 1 [5]. Rep 2015 No 5, Sch 8.7 [4].

s 43P: Ins 1998 No 78, Sch 1 [5]. Am 1999 No 85, Sch 1.11 [11]; 2012 No 38, Sch 1 [24]. Rep 2015 No 5, Sch 8.7 [4].

Part 5 Powers and duties of network operators and retailers

Part 5 Powers and duties of network operators and retailers

pt 5, hdg: Subst 2000 No 109, Sch 1 [18]. Am 2012 No 38, Sch 1 [32].

44 Acquisition of land

44 Acquisition of land

(1) A network operator may acquire land (including an interest in land) for the purpose of exercising its functions under this or any other Act or law.

(2) Land that a network operator is authorised to acquire under this section may be acquired by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of this Act.

(3) A network operator may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Minister.

(4) Despite the Land Acquisition (Just Terms Compensation) Act 1991, section 55, a strategic benefit payment to which a person is entitled must be disregarded in determining the amount of compensation to which the person is entitled under that Act, Part 3.

(5) (Repealed)

s 44: Am 1997 No 20, Sch 1.3 [7]; 2000 No 88, Sch 2 [1]; 2015 No 5, Sch 8.7 [5]; 2024 No 41, Sch 5.1[1]; 2025 No 80, Sch 2[5].

45 Erection and placement of electricity works

45 Erection and placement of electricity works

(1) For the purpose of exercising its functions under this or any other Act or law, a network operator may carry out any of the following work—

(a) work comprising the erection, installation or extension of electricity works on public land,

(b) work on any land comprising or connected with the alteration, maintenance or removal of existing electricity works on any land,

(c) work on public land that is connected with the erection, installation, extension, alteration, maintenance or removal of electricity works on any land.

(2) Work carried out by a network operator for the purpose of exercising its functions under this or any other Act or law and comprising the erection, installation, extension, alteration, maintenance or removal of electricity works on any land is exempt from the requirement for an approval under the Local Government Act 1993, except in relation to buildings.

(3) (Repealed)

(4) However, no such work (other than routine repairs or maintenance work) may be carried out unless—

(a) written notice of the proposal to carry out the work has been given to the local council, and

(b) the local council has been given a reasonable opportunity (being not less than 40 days from the date on which the notice was given, or a shorter period agreed to in writing by the council) to make submissions to the network operator in relation to the proposal, and

(c) the network operator has given due consideration to any submissions so made.

(5) Subsection (4) does not apply to the carrying out of work to cope with emergencies.

(6) In this section—

public land means—

(a) a public road, or

(b) a public reserve, or

(c) Crown land or Crown managed land within the meaning of the Crown Land Management Act 2016, or

(d) State forest, or

(e) land under the control and management of a public or local authority,

but does not include—

(f) any land (other than State forest) that is occupied under any lease or other arrangement for private purposes that confers a right to exclusive possession of the land, or

(g) (Repealed)

s 45: Am 1997 No 20, Sch 1.3 [8]; 2015 No 5, Sch 8.7 [6] [7]; 2017 No 17, Sch 4.26 [1] [2]; 2021 No 34, Sch 1[5] [6].

46 Damage to be made good

46 Damage to be made good

(1) If a public road or public reserve is damaged by any work carried out by a network operator, the local council or roads authority may require the network operator to make good the damage without delay.

(2) If the network operator fails to carry out appropriate work in accordance with any such requirement, the local council or roads authority may carry out the work itself.

(3) The cost of carrying out the work may be recovered by the local council or roads authority in a court of competent jurisdiction as a debt owed to it by the network operator.

47 Altering position of conduit

47 Altering position of conduit

(1) A network operator may serve a written notice on a person if—

(a) the network operator needs an alteration to be made in the position of a conduit owned by the person, and

(b) the alteration would not permanently damage the conduit or adversely affect its operation.

(2) The notice—

(a) must specify the work to be carried out, and

(b) must specify a reasonable time within which the work is to be carried out, and

(c) must include an undertaking by the network operator to pay the reasonable cost of carrying out the work.

(3) If the work is not carried out as required by the notice, the network operator may carry out the work in a manner that does not permanently damage the conduit or adversely affect its operation.

(4) In this section, conduit means anything that is in or under a public road (or any other land on which no building or other structure is located) and is used for the conveyance of a substance, energy or signals.

48 Interference with electricity works by trees

48 Interference with electricity works by trees

(1) This section applies if a network operator has reasonable cause to believe that a tree situated on any premises—

(a) could destroy, damage or interfere with its electricity works, or

(b) could make its electricity works become a potential cause of bush fire or a potential risk to public safety.

(2) In those circumstances, a network operator—

(a) may serve a written notice on the owner or occupier of the premises requiring the owner to trim or remove the tree, or

(b) in an emergency, may, at its own expense, trim or remove the tree itself.

(3) A notice under subsection (2) (a)—

(a) must specify the work to be carried out, and

(b) must specify a reasonable time within which the work is to be carried out, and

(c) must include an undertaking by the network operator to pay the reasonable cost of carrying out the work.

(4) Subsection (3) (c) does not apply in either of the following circumstances—

(a) if, after the electricity works were first laid or installed, an owner or occupier of the premises planted the tree, or caused or permitted the tree to be planted, in circumstances in which the owner or occupier ought reasonably to have known that destruction of, damage to or interference with the works would result,

(b) the land in or on which the tree is located, and on or over which the works are located, was the subject of an easement for the benefit of the network operator (or a predecessor of the network operator) when the tree was planted.

(5) If the work is not carried out as required by the notice, the network operator may carry out the work itself.

(6) The cost of carrying out the work may be recovered by the network operator in a court of competent jurisdiction as a debt owed to it by the owner of the premises on which the tree is situated, but only in the circumstances referred to in subsection (4).

(7) This section applies despite the existence of a tree preservation order or environmental planning instrument (other than a State environmental planning policy), but does not apply to any tree within a protected area or to any tree that is the subject of or is within an area that is the subject of—

(a) an interim heritage order, or a listing on the State Heritage Register, under the Heritage Act 1977, or

(b) an order in force under section 136 of the Heritage Act 1977, or

(c) an interim protection order under the National Parks and Wildlife Act 1974, or

(d) a protection conferred by any similar law.

(8) Nothing done for the purpose of carrying out the work required by a notice under this section constitutes an offence against any law under which a tree preservation order or environmental planning instrument (other than a State environmental planning policy) relating to the land is made.

(9) In this section—

protected area means an area that is within—

(a) a national park or nature reserve within the meaning of the National Parks and Wildlife Act 1974, or

(b) land that is reserved or zoned for environmental protection purposes under the Environmental Planning and Assessment Act 1979, or

(c) a public reserve within the meaning of the Local Government Act 1993.

tree includes shrub and plant.

s 48: Am 1997 No 21, Sch 1 [13]; 1998 No 138, Sch 2.1 [1] [2]; 2015 No 5, Sch 8.7 [8].

49 Obstruction of electricity works

49 Obstruction of electricity works

(1) This section applies if a network operator has reasonable cause to believe that any structure or thing situated in, on or near its electricity works—

(a) could destroy, damage or interfere with those works, or

(b) could make those works become a potential cause of bush fire or a potential risk to public safety.

(2) The network operator may serve a written notice on the person having control of the structure or thing requiring the person to—

(a) modify or remove the structure or thing, or

(b) do either of the following—

(i) modify or remove the structure or thing,

(ii) engage an accredited service provider to move the electricity works away from the structure or thing.

(2A) Work undertaken in accordance with a requirement in a notice served under subsection (2) is at the expense of the person served with the notice.

(2B) The network operator may, in an emergency, modify or remove the structure or thing itself, instead of serving a notice under subsection (2).

(3) A notice under subsection (2)—

(a) must specify the work to be carried out, and

(b) must specify a reasonable time within which the work is to be carried out.

(4) If the person fails to carry out the work in accordance with the requirement, the network operator may carry out the work itself.

(5) If the network operator carries out the work after issuing a notice under subsection (2), the costs of—

(a) carrying out the work, and

(b) repairing any damage done to the network operator’s electricity works by the structure or thing,

may be recovered by the network operator in a court of competent jurisdiction as a debt owed to it by the person.

(6) A network operator may apply for an injunction to prevent a structure or thing being placed in, on or near its electricity works.

(7) A network operator may take action under this section even if the person having control of the structure or thing owns or occupies the land in, on or over which the network operator’s electricity works are situated.

(8) Subsection (5) does not enable the network operator to recover costs from a person referred to in subsection (7) if the structure or thing was lawfully placed in its present position—

(a) before the installation of the electricity works, or

(b) with the agreement of the operator, or

(c) in the case of electricity works to which section 53 applies—before 26 May 2006.

(9) In the circumstances referred to in subsection (8)—

(a) the costs referred to in subsection (5) are to be borne by the network operator, and

(b) the network operator is liable to the owner of the structure or thing for any loss or damage suffered by the owner as a consequence of the work referred to in subsection (4).

s 49: Am 1996 No 121, Sch 1.3 [1]; 2006 No 28, Sch 1 [1] [2]; 2021 No 34, Sch 1[7]–[10].

49A Excavation work affecting electricity works

49A Excavation work affecting electricity works

(1) This section applies if a network operator has reasonable cause to believe that the carrying out or proposed carrying out of excavation work in, on or near its electricity works—

(a) could destroy, damage or interfere with those works, or

(b) could make those works become a potential cause of bush fire or a potential risk to public safety.

(2) In those circumstances, a network operator may serve a written notice on the person carrying out or proposing to carry out the excavation work requiring the person—

(a) to modify the excavation work, or

(b) not to carry out the excavation work, but only if the network operator is of the opinion that modifying the excavation work will not be effective in preventing the destruction or damage of, or interference with, the electricity works concerned or in preventing those works becoming a potential cause of bush fire or a potential risk to public safety.

(3) A notice under subsection (2) must specify the excavation work that is to be modified or not carried out.

(4) A network operator may recover the following costs in a court of competent jurisdiction as a debt owed to it by a person who carried out excavation work the subject of a notice under subsection (2)—

(a) the costs incurred in replacing any of the network operator’s electricity works destroyed by the excavation work,

(b) the costs incurred in repairing any damage to the network operator’s electricity works caused by the excavation work,

(c) the costs incurred in remedying or mitigating any interference with the network operator’s electricity works caused by the excavation work.

(5) A network operator may apply for an injunction to prevent the carrying out of excavation work in, on or near its electricity works.

(6) A network operator may take action under this section even if the person carrying out the excavation work owns or occupies the land in, on or over which the network operator’s electricity works are situated.

s 49A: Ins 2009 No 31, Sch 1 [1].

50 Charges for placement of electricity works

50 Charges for placement of electricity works

No annual or other periodic or special charge is payable by a network operator to a local council or roads authority in respect of any electricity works located in a public reserve or public road or in respect of the space in a public reserve or public road that is occupied by any such works.

51 Ownership of electricity works

51 Ownership of electricity works

(1) Electricity works are owned separately from the land in, on or over which they are situated and ownership of land in, on or over which electricity works are situated does not constitute ownership of those works.

(2) Electricity works are not to be taken in execution of any judgment against a person under any process of a court other than a judgment against the owner of those works.

(3) The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.

s 51: Am 2000 No 109, Sch 1 [19] [20]; 2009 No 17, Sch 3.6 [1]; 2012 No 38, Sch 1 [33] [34]; 2015 No 5, Sch 8.7 [9].

52 Interruption to electricity supply for maintenance

52 Interruption to electricity supply for maintenance

A network operator or retailer may interrupt the supply of electricity to a customer, at such reasonable times as the network operator or retailer determines—

(a) for the purpose of inspecting, testing or carrying out repairs or maintenance work on its electricity works, or

(b) for such other purpose as the network operator or retailer considers necessary for the safe and efficient operation of its electricity works.

s 52: Am 2000 No 109, Sch 1 [21]; 2012 No 38, Sch 1 [33].

53 Protection of certain electricity works

53 Protection of certain electricity works

(1) This section applies to all electricity works that, immediately before the commencement of the Electricity Supply Amendment (Protection of Electricity Works) Act 2006, were situated in, on or over land not owned by the network operator having control of those works, whether or not their presence, operation or use is supported by an agreement or other authority—

(a) including any electricity works that, since that commencement, have been erected or installed on the same site for the purpose of repairing, replacing, modifying or upgrading those works, and

(b) excluding any electricity works whose presence in, on or over the land is supported by a registered easement for the benefit of the network operator.

(2) No action by the owner or occupier of the land lies against the network operator by reason of—

(a) the presence in, on or over the land of electricity works to which this section applies, or

(b) the operation or use of electricity works to which this section applies that are present in, on or over the land,

and, as between the owner or occupier of the land and the network operator, the presence of those works, and their operation and use, are taken to be lawful for all purposes.

(3) Nothing in subsection (2) relieves a person from any civil liability for negligence (as defined by section 5 of the Civil Liability Act 2002) to which the person becomes subject as a consequence of the way in which any electricity works to which this section applies are operated or used, are maintained, repaired, replaced, modified or upgraded or are removed.

(4) In this section, registered easement means an easement that is registered—

(a) in the Register kept under the Real Property Act 1900, in the case of land under the provisions of that Act, or

(b) in the General Register of Deeds kept under the Conveyancing Act 1919, in the case of any other land.

(5) The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.

s 53: Rep 1997 No 20, Sch 1.3 [9]. Ins 2006 No 28, Sch 1 [3]. Am 2009 No 17, Sch 3.6 [2]; 2015 No 5, Sch 8.7 [10].

Division 2A Special powers for bush fire prevention

Division 2A Special powers for bush fire prevention

pt 5, div 2A: Ins 2014 No 70, Sch 1 [1].

53A Definitions

53A Definitions

In this Division—

aerial consumers mains means that part of an electrical installation consisting of overhead conductors and support structures between the main switchboard of an electrical installation and a support structure that is the connection point with the distribution system.

bush fire prone land means land that is bush fire prone land under the Environmental Planning and Assessment Act 1979 in any area of the State.

private land means any land that is not—

(a) dedicated, or acquired for the purpose of dedication, under the Forestry Act 2012 or in respect of which the Forestry Corporation has obtained the benefit of a forestry right within the meaning of Division 4 of Part 6 of the Conveyancing Act 1919, or

(b) dedicated or reserved, or acquired for the purpose of dedication or reservation, under the National Parks and Wildlife Act 1974, or

(c) vested in, or under the control of, Rail Corporation New South Wales, Sydney Metro, Sydney Trains or Transport for NSW, or

(d) within the catchment area of a water authority, or

(e) unoccupied Crown land (being Crown land that is not held under a lease or licence or not vested in, or under the control of, trustees), or

(f) land prescribed by the regulations as public land for the purposes of this definition.

vegetation means a tree, shrub or plant.

s 53A: Ins 2014 No 70, Sch 1 [1]. Am 2017 No 12, Sch 1.4 [1]; 2018 No 18, Sch 2.7 [1]; 2020 No 30, Sch 4.16.

53B Application of Division

53B Application of Division

This Division applies only to bush fire prone land but does not prevent the taking of action under section 48 in relation to premises on bush fire prone land.

s 53B: Ins 2014 No 70, Sch 1 [1].

53C Power to give directions for bush fire risk mitigation work on private land

53C Power to give directions for bush fire risk mitigation work on private land

(1) A network operator may by a written notice given to the owner or occupier of any premises on bush fire prone land that is private land direct the owner of the premises to do bush fire risk mitigation work on vegetation or aerial consumers mains on the premises if the network operator has determined that—

(a) the vegetation could make the network operator’s electricity works become a potential cause of bush fire, or

(b) the vegetation fails to satisfy the requirements of any standard (adopted by the network operator for the purposes of reducing the risk of bush fire) as to required clearances between vegetation and electricity works or aerial consumers mains, or

(c) the vegetation could make aerial consumers mains on the premises become a potential cause of bush fire, or

(d) a fault or defect in the aerial consumers mains could make them become a potential cause of bush fire.

(2) The work that can be directed to be done as bush fire risk mitigation work is—

(a) for vegetation, the trimming or removal of the vegetation, or

(b) for a fault or defect in aerial consumers mains, the repair of the fault or defect.

s 53C: Ins 2014 No 70, Sch 1 [1].

53D Responsibility for cost of bush fire risk mitigation work under direction

53D Responsibility for cost of bush fire risk mitigation work under direction

(1) The owner of premises is responsible for the cost of bush fire risk mitigation work that is the subject of a direction to the owner under this Division unless the network operator is responsible for the cost of the work.

(2) The network operator is responsible for the cost of the following bush fire risk mitigation work that is the subject of a direction under this Division—

(a) work on vegetation that the network operator has determined could make the network operator’s electricity works become a potential cause of bush fire,

(b) work on vegetation that the network operator has determined fails to satisfy the requirements of any standard (adopted by the network operator for the purposes of reducing the risk of bush fire) as to required clearances between vegetation and the network operator’s electricity works.

(3) The network operator is not responsible for the cost of work in either of the following circumstances—

(a) if, after the electricity works were first laid or installed, an owner or occupier of the premises planted the vegetation, or caused or permitted the vegetation to be planted, in circumstances in which the owner or occupier ought reasonably to have known that destruction of, damage to or interference with the works would result,

(b) the land in or on which the vegetation is located, and on or over which the works are located, was the subject of an easement for the benefit of the network operator (or a predecessor of the network operator) when the vegetation was planted.

s 53D: Ins 2014 No 70, Sch 1 [1]. Am 2015 No 5, Sch 8.7 [11].

53E Contents of direction

53E Contents of direction

(1) A direction under this Division to the owner of premises to do bush fire risk mitigation work is to specify the following—

(a) the particular work required to be done (the required work) and a statement of the reason the work is required to be done,

(b) that the owner must do the required work within 60 days after the direction is given and must within 30 days after the direction is given notify the network operator (in the manner required by the direction) that the required work will be done within that 60 days,

(c) that the owner may (as an alternative to doing the required work) comply with the direction by requesting the network operator within 30 days after the direction is given to disconnect the supply of electricity to the premises,

(d) that the network operator is authorised to enter the premises and do the required work on behalf of the owner if the direction is not complied with,

(e) if the network operator is responsible for the cost of the work—that the network operator undertakes to pay the reasonable cost of doing the work,

(f) if the network operator is not responsible for the cost of the work—that the network operator can recover the reasonable cost of doing the work if it is not done by the owner.

(2) The direction must also include the following—

(a) to the extent that any standard adopted by the network operator is relevant to the required work—information sufficient to identify the standard and facilitate access to its contents,

(b) a statement that the network operator has a policy for assisting persons who are experiencing difficulties due to hardship in connection with payment of the cost of doing the work required by the direction,

(c) information that explains how a dispute or complaint about the direction can be referred to the Energy and Water Ombudsman NSW.

(3) The regulations can make provision for or with respect to the form and contents of a direction, including provision for or with respect to—

(a) prescribing a standard form of direction, or

(b) specifying standard wording for any aspect of the direction, or

(c) requiring the inclusion in a direction of matter in addition to the matter required by this section.

ss 53E–53G: Ins 2014 No 70, Sch 1 [1].

53F Compliance with direction

53F Compliance with direction

(1) To comply with a direction under this Division, the owner of the premises must—

(a) within 30 days after the direction was given either notify the network operator that the required work will be done within 60 days after the direction was given or request the network operator to disconnect the supply of electricity to the premises, and

(b) (having notified the network operator that the work will be done within 60 days after the direction was given) do the required work within that 60 days.

Note.

The owner must within 30 days after the direction is given either notify the network operator that the required work will be done or request disconnection. If the owner does neither of those things within that 30 days, the network operator can take action immediately for a failure to comply with the direction.

(2) If the owner of premises does not comply with the direction, the network operator may do the required work and (unless the network operator is responsible for the cost of the work) may recover as a debt owed by the owner the reasonable cost of doing the work in an efficient and competent manner.

(3) Any dispute about the reasonable cost of doing the work may be referred to the Energy and Water Ombudsman NSW for resolution.

(4) A network operator can by notice in writing to the owner or occupier of premises, increase any period for compliance with a direction.

ss 53E–53G: Ins 2014 No 70, Sch 1 [1].

53G Compensation

53G Compensation

No compensation is payable by a network operator for or in connection with the exercise in good faith and without negligence of a function under this Division.

ss 53E–53G: Ins 2014 No 70, Sch 1 [1].

53H Effect of other laws

53H Effect of other laws

(1) An environmental planning instrument under the Environmental Planning and Assessment Act 1979 cannot prohibit, require development consent for or otherwise restrict the doing on any land of work that is required to be done by a direction under this Division.

(2) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of the doing on any land of work that is required to be done by a direction under this Division.

(3) Work that is required to be done by a direction under this Division may be done on land despite any requirement for an approval, consent or other authorisation for the work made by the Biodiversity Conservation Act 2016, Part 5A of the Local Land Services Act 2013, the National Parks and Wildlife Act 1974 or any other Act or instrument made under an Act.

s 53H: Ins 2014 No 70, Sch 1 [1]. Am 2018 No 25, Sch 3.6.

53I Hardship policy for cost recovery

53I Hardship policy for cost recovery

(1) A network operator must have and implement a hardship policy that has been approved by the Tribunal for assisting persons who are experiencing difficulties due to hardship in connection with payment of the cost of works done by the network operator when the person fails to comply with a direction under this Division.

(2) The policy must provide flexible payment options for the payment of the cost of works that the network operator is entitled to recover from a person under this Division.

(3) The policy must be publicly available on the network operator’s website.

s 53I: Ins 2014 No 70, Sch 1 [1]. Am 2015 No 5, Sch 8.7 [12].

Division 3 Powers of entry

Division 3 Powers of entry

54 Powers of entry

54 Powers of entry

(1) An authorised officer of a network operator may enter any premises for the purpose of exercising any function conferred or imposed on a network operator by or under this or any other Act or law, including—

(a) carrying out preliminary investigations in connection with the proposed installation or extension of electricity works, or

(b) installing, extending, maintaining, repairing or removing electricity works, or

(c) reading electricity meters, or

(d) checking if the network operator’s conditions relating to tariffs and the use of electricity are being complied with, or

(e) ascertaining whether an offence against this Act or the regulations has been committed, or

(f) inspecting or disconnecting an electrical installation that the network operator is required or permitted to inspect or disconnect by or under this or any other Act or law, or

(g) monitoring any excavation work in accordance with regulations under section 63Z, or

(h) exercising any function conferred on the network operator by section 48, 49 or 49A or Division 2A.

(1A) An authorised officer of a retailer may enter the premises of a customer for the following purposes—

(a) reading, testing, maintaining, inspecting or altering any meter installed at the premises,

(b) calculating or measuring energy supplied or taken at the premises,

(c) checking the accuracy of metered consumption at the premises,

(d) replacing meters,

(e) any other purpose prescribed by the regulations relating to metering.

(2) A power of entry to premises under this section may be exercised only during daylight hours except—

(a) in an emergency, or

(b) in the case of an authorised officer of a retailer—if there is a problem with a meter on the premises that poses a risk to safety.

s 54: Am 1997 No 20, Sch 1.3 [10]; 2000 No 109, Sch 1 [22] [23]; 2004 No 4, Sch 2 [2]; 2009 No 31, Sch 1 [2]; 2012 No 38, Sch 1 [35] [36]; 2014 No 70, Sch 1 [2]; 2016 No 8, Sch 1 [6] [7].

55 Notice of entry

55 Notice of entry

(1) Before an authorised officer of a network operator or retailer exercises a power of entry under this Division, the network operator or retailer concerned must give the owner or occupier of the land written notice of the intention to enter the land.

(2) The notice must specify the day on which the authorised officer intends to enter the land and must be given before that day.

(3) This section does not require notice to be given—

(a) if entry to the land is made with the consent of the owner or occupier of the land, or

(b) if entry is required for the sole purpose of reading an electricity meter, or

(c) if entry is required in an emergency, or

(d) if entry is for the purpose of doing work in the exercise of a function under Division 2A.

s 55: Am 2000 No 109, Sch 1 [24] [25]; 2012 No 38, Sch 1 [37]; 2014 No 70, Sch 1 [3].

56 Use of force

56 Use of force

(1) Reasonable force may be used for the purpose of gaining entry to any land (other than such part of a building as is being used for residential purposes) under a power conferred by this Division, but only if authorised by the network operator or retailer concerned in accordance with this section.

(2) The authority—

(a) must be in writing, and

(b) must be given in respect of the particular entry concerned, and

(c) must specify the circumstances that must exist before force may be used.

s 56: Am 2000 No 109, Sch 1 [26]; 2012 No 38, Sch 1 [38].

57 Notification of use of force or urgent entry

57 Notification of use of force or urgent entry

(1) An authorised officer—

(a) who uses force for the purpose of gaining entry to land, or

(b) who enters land in an emergency without giving written notice to the owner or occupier of the land,

must promptly advise the network operator or retailer concerned of that fact.

(2) The network operator or retailer must give notice of the entry to such persons or authorities as appear to the network operator or retailer to be appropriate in the circumstances.

s 57: Am 2000 No 109, Sch 1 [27] [28]; 2012 No 38, Sch 1 [39].

58 Care to be taken

58 Care to be taken

(1) In the exercise of a power under this Division, an authorised officer must do as little damage as possible.

(2) As far as practicable, entry onto fenced land is to be made through an existing opening in the enclosing fence or, if entry through an existing opening is not practicable, through a new opening.

(3) Any new opening is to be properly closed when the need for entry ceases.

(4) If, in the exercise of a power under this Division, any pit, trench, hole or bore is made, the network operator or retailer concerned must, if the owner or occupier of the land so requires—

(a) fence it and keep it securely fenced so long as it remains open or not sufficiently sloped down, and

(b) without unnecessary delay, fill it up or level it or sufficiently slope it down.

s 58: Am 2000 No 109, Sch 1 [29]; 2012 No 38, Sch 1 [40].

59 Recovery of cost of entry and inspection

59 Recovery of cost of entry and inspection

If an authorised officer enters any land for the purpose of making an inspection and, as a result of the inspection, the network operator or retailer concerned requires any work to be carried out on the land, the network operator or retailer may recover the reasonable costs of the entry and inspection from the owner or occupier of the land.

s 59: Am 2000 No 109, Sch 1 [30] [31]; 2012 No 38, Sch 1 [41].

60 Compensation

60 Compensation

The network operator or retailer concerned must pay compensation to the owner or occupier of any land in respect of which a power has been exercised under this Division for any loss or damage arising from the exercise of the power but is not so liable to the extent to which the loss or damage arises from—

(a) work done for the purposes of an inspection which reveals that there has been a contravention by the owner or occupier, as the case requires, of any provision of this Act or the regulations, or

(b) work done in the exercise of a function under Division 2A.

s 60: Am 1997 No 21, Sch 1 [14] [15]; 2000 No 109, Sch 1 [32]; 2012 No 38, Sch 1 [42]. Subst 2014 No 70, Sch 1 [4].

61 Certificates of authority to enter land

61 Certificates of authority to enter land

(1) A power of entry under this Division may not be exercised by an authorised officer unless the authorised officer—

(a) is in possession of a certificate of authority issued by the network operator or retailer concerned, and

(b) produces the certificate when required to do so by the owner or occupier of the land.

(2) The certificate of authority—

(a) must state that it is issued under this Act, and

(b) must give the name of the person to whom it is issued, and

(c) must describe the nature of the powers conferred and the source of those powers, and

(d) must state the date (if any) on which it expires, and

(e) must describe the kind of land to which the power extends, and

(f) must be under the seal of the network operator or retailer or must bear the signature of the principal officer of the network operator or retailer, of a prescribed officer of the network operator or retailer or of an officer belonging to a prescribed class of officers of the network operator or retailer.

s 61: Am 2000 No 109, Sch 1 [33] [34]; 2012 No 38, Sch 1 [43].

62 Entry to residential premises

62 Entry to residential premises

A power of entry conferred by this Division is not exercisable in relation to such part of a building as is used for residential purposes except—

(a) with the consent of the occupier of that part of the premises, or

(b) for the sole purpose of reading an electricity meter, or

(c) under the authority conferred by a warrant of entry.

63 Warrants of entry

63 Warrants of entry

(1) A network operator or retailer may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 if it is of the opinion that it is necessary for an authorised officer within the meaning of this Act to enter and inspect any land (including any building used for residential purposes) for the purposes of this Act.

(2) An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a warrant of entry authorising an authorised officer named in the warrant to enter and inspect the land for the purposes of this Act.

(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a warrant of entry under this section in the same way as it applies to a search warrant under that Act.

(4) (Repealed)

s 63: Am 2000 No 109, Sch 1 [35]; 2002 No 103, Sch 4.27 [1]–[4]; 2012 No 38, Sch 1 [44].

63A Other powers of entry unaffected

63A Other powers of entry unaffected

This Division does not apply to any power of entry that an authorised officer has apart from this Division, such as a power arising under a customer connection contract or customer retail contract.

s 63A: Ins 1997 No 21, Sch 1 [16]. Am 2000 No 109, Sch 1 [36]; 2012 No 38, Sch 1 [45].

Part 5A Market operations

Part 5A Market operations

pt 5A: Ins 2000 No 109, Sch 1 [37].

63B Definition

63B Definition

In this Part—

market operations rule means a rule approved under section 63C.

s 63B: Ins 2000 No 109, Sch 1 [37].

63C Market operations rules

63C Market operations rules

(1) The Minister may approve rules for or with respect to the following matters—

(a) (Repealed)

(b) procedures for measuring electricity consumption or generation of customers,

(c) (Repealed)

(d) provision of services and equipment relating to the measurement and control of customers’ electricity consumption or generation and persons who may or may not provide such services,

(e) requirements for equipment used to measure and control customers’ electricity consumption or generation,

(f) the circumstances in which ownership of any such equipment may be transferred and the procedures for the transfer,

(g), (h) (Repealed)

(i) any other matter prescribed by the regulations,

(j) matters ancillary to or consequential on the matters set out in paragraphs (b), (d)–(f) and (i).

(2) A rule may make provision for or with respect to a matter by applying, adopting or incorporating, with or without modification, the provisions of any Act or statutory rule or any other publication, whether of the same or of a different kind.

(3) A rule may—

(a) apply generally or be limited in its application by reference to specified exceptions or factors, or

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time agreed, determined, applied or regulated by any specified person or body.

(4) The Minister may from time to time approve amendments to the rules or the revocation of rules.

(5) If a rule, or a rule amending or revoking a rule, is approved by the Minister—

(a) written notice of the approval of the rule must be published in the Gazette, and

(b) the rule takes effect on the day on which notice is so published or, if a later day is specified in the rule for commencement, on the later day so specified, and

(c) the Minister must make available a copy of the rule to each retailer or distributor.

(6) A rule must be consistent with this Act and the regulations. A rule is unenforceable to the extent of any such inconsistency.

(7) Subject to subsection (6), a rule may be approved for the purposes of both this Act and any other Act or law.

s 63C: Ins 2000 No 109, Sch 1 [37]. Am 2001 No 18, Sch 2 [1]; 2009 No 101, Sch 1 [5]; 2012 No 38, Sch 1 [46]–[48].

63D Obligations under rules

63D Obligations under rules

(1) A person must not contravene the market operations rules.

Maximum penalty—200 penalty units.

(2) (Repealed)

(3) It is a condition of a distributor’s licence that the distributor must comply with the market operations rules.

(4) Subsection (1) does not apply to a person in the person’s capacity as a customer of a retailer.

s 63D: Ins 2000 No 109, Sch 1 [37]. Am 2012 No 38, Sch 1 [49] [50].

63E

63E (Repealed)

Part 5B

Part 5B

63F–63J

pt 5B: Ins 2000 No 109, Sch 1 [37]. Rep 2012 No 38, Sch 1 [52].

s 63F: Ins 2000 No 109, Sch 1 [37]. Rep 2012 No 38, Sch 1 [52].

s 63G: Ins 2000 No 109, Sch 1 [37]. Am 2001 No 18, Sch 2 [2]. Rep 2012 No 38, Sch 1 [52].

ss 63H–63J: Ins 2000 No 109, Sch 1 [37]. Rep 2012 No 38, Sch 1 [52].

Part 5C Removal of electricity structures

Part 5C Removal of electricity structures

pt 5C: Ins 2004 No 4, Sch 2 [3].

63K Secretary may direct distributor to remove structure

63K Secretary may direct distributor to remove structure

(1) The Secretary may, by notice in writing served on a distributor, direct the distributor to remove or relocate an electricity structure specified in the notice if—

(a) the structure is erected within the distributor’s distribution district, and

(b) the structure is on or adjacent to a public road that is—

(i) a traffic route, or

(ii) a public road that the Secretary has, for the purpose of traffic safety and having regard to the volume and nature of the vehicular traffic carried on it, determined requires the removal or relocation of the structure.

(2) A distributor must comply with a notice served on it under subsection (1).

(3) In this section—

electricity structure means a structure erected or maintained by a distributor for 1 or more of the following purposes—

(a) the generation of electricity,

(b) the storage, transmission or distribution of electricity,

(c) public lighting.

s 63K: Ins 2004 No 4, Sch 2 [3]. Am 2014 No 88, Sch 1.6 [4]; 2021 No 34, Sch 1[11].

Part 5D Electricity safety

Part 5D Electricity safety

pt 5D: Ins 2004 No 4, Sch 2 [4].

pt 5D, divs 1 (s 63L): Ins 2004 No 4, Sch 2 [4].

63L Interpretation

63L Interpretation

(1) For the purposes of this Part, place includes land (whether or not covered with water), premises, buildings and other structures.

(2) For the purposes of this Part, a person or thing is in a place if the person or thing is located in, on, over or under the place.

63M Inspectors

63M Inspectors

(1) The Tribunal may appoint any person as an inspector for the purposes of any or all of the provisions of this Act or the regulations.

(1A) (Repealed)

(2) The Tribunal may at any time and for any reason revoke a person’s appointment under subsection (1).

(3) An inspector is to be provided by the Tribunal with a certificate of identification.

(4) An inspector must, when exercising in any place any function of the inspector under this Act or the regulations, produce the inspector’s certificate of identification to any person apparently in charge of the place who requests its production.

s 63M: Ins 2004 No 4, Sch 2 [4]. Am 2015 No 5, Sch 8.7 [13] [14]; 2016 No 8, Sch 1 [8].

63N Obstruction of inspectors

63N Obstruction of inspectors

(1) A person must not—

(a) without reasonable excuse, refuse or fail to comply with any notice given or requirement made, or to answer any question asked, by an inspector under this Act or the regulations, or

(b) provide information or give evidence in purported compliance with a requirement made or question asked by an inspector under this Act or the regulations knowing the information or evidence to be false or misleading in a material particular, or

(c) wilfully delay, hinder or obstruct an inspector in the exercise of the inspector’s functions under this Act or the regulations, or

(d) falsely represent himself or herself to be an inspector.

Maximum penalty—500 penalty units (in the case of a corporation) and 150 penalty units (in any other case).

(2) (Repealed)

(3) It is sufficient defence to a prosecution for an offence arising under subsection (1) (a) by reason of the failure of a defendant to answer a question asked by an inspector under a power conferred by this Act or the regulations if the defendant satisfies the court that the defendant did not know, and could not with reasonable diligence ascertain, the answer to the question.

s 63N: Ins 2004 No 4, Sch 2 [4]. Am 2016 No 8, Sch 1 [9].

63O

63O (Repealed)

63P Examination and testing of electricity delivery equipment

63P Examination and testing of electricity delivery equipment

(1) The Tribunal may from time to time cause any electricity delivery equipment, and the operation of that equipment, to be examined and tested by an inspector for the purpose of determining whether the equipment can be, and is being, operated—

(a) safely, and

(b) in accordance with any relevant safety management system.

(2) A relevant safety management system is any system of the network operator concerned that is for the purpose of ensuring the safe operation of the network operator’s transmission or distribution system.

(3) An inspector may enter any place at any reasonable time for the purpose of exercising functions under this section in connection with electricity delivery equipment that is in the place.

s 63P: Ins 2004 No 4, Sch 2 [4]. Subst 2015 No 5, Sch 8.7 [16].

63Q Orders prohibiting the unsafe operation of electricity delivery equipment

63Q Orders prohibiting the unsafe operation of electricity delivery equipment

(1) If the Minister is satisfied that electricity delivery equipment cannot be operated safely, the Minister may, by order served on the network operator that operates or proposes to operate the equipment, prohibit the operation of the equipment.

(2) An order under this section may permanently prohibit the operation of the electricity delivery equipment concerned or prohibit the operation of the equipment until such time as it is repaired or altered, or its operation is rectified, to the satisfaction of the Minister.

(3) The Minister may make an order under this section only on the recommendation of the Tribunal.

(4) A person must not use or operate any electricity delivery equipment in contravention of an order made under this section.

Maximum penalty—7,500 penalty units (in the case of a corporation) and 5,000 penalty units (in any other case).

s 63Q: Ins 2004 No 4, Sch 2 [4]. Am 2012 No 38, Sch 1 [53]. Subst 2015 No 5, Sch 8.7 [16]. Am 2016 No 8, Sch 1 [11].

63R Notification of serious electricity works accidents

63R Notification of serious electricity works accidents

(1) A serious electricity works accident must be notified in accordance with subsection (2) to the Tribunal by the distributor or transmission operator that owns, controls or operates the distribution system or transmission system of which the electricity works concerned forms part.

Maximum penalty—500 penalty units.

(2) A notice of an accident must be given within 7 days after the accident in such manner as may be prescribed by the regulations.

(3) The regulations may exclude a person, or a person belonging to a class of persons, prescribed by the regulations from any requirement under this section to notify the Tribunal of a serious electricity works accident.

(4) This section does not apply to a serious electricity works accident involving a motor vehicle accident on land not owned or controlled by a network operator if—

(a) a fault or failure in electricity works did not contribute to the motor vehicle accident, and

(b) electricity did not contribute to an injury or death.

s 63R: Ins 2004 No 4, Sch 2 [4]. Am 2015 No 5, Sch 8.7 [13] [17]; 2021 No 34, Sch 1[12].

63S Investigation of serious electricity works accidents

63S Investigation of serious electricity works accidents

The Tribunal may arrange for an inspector to investigate and report to the Tribunal concerning a serious electricity works accident, whether or not notice of the accident is given to the Tribunal.

s 63S: Ins 2004 No 4, Sch 2 [4]. Am 2015 No 5, Sch 8.7 [13].

63T Powers of inspectors

63T Powers of inspectors

(1) For the purposes of this Division, an inspector may, in any place where a serious electricity works accident has or may reasonably be expected to have occurred do any one or more of the following—

(a) enter and inspect the place,

(b) examine and test any electrical installation or other electrical equipment,

(c) take photographs,

(d) take for analysis a sample of any substance or thing that in the inspector’s opinion may relate to the accident,

(e) require any person in the place to produce any record that may be of relevance to the occurrence of the accident,

(f) take copies of, or extracts or notes from, any such record,

(g) require any person in the place to answer questions or otherwise furnish information relating to the accident,

(h) require the owner or occupier of the place to provide the inspector with such assistance and facilities as are reasonably necessary to enable the inspector to exercise the inspector’s functions under this section.

(2) If the Tribunal believes on reasonable grounds that there are in any place documents evidencing conduct in connection with a serious electricity works accident in contravention of this Act or the regulations, an inspector may, with the written authority of the Tribunal, enter the place, inspect any documents and make copies of them or take extracts from them.

(3) An inspector may not exercise the inspector’s functions under this section in relation to a part of any premises being used for residential purposes except—

(a) with the permission of the occupier of that part of the premises, or

(b) under the authority conferred by a search warrant issued under this Part.

s 63T: Ins 2004 No 4, Sch 2 [4]. Am 2015 No 5, Sch 8.7 [13].

63U Interference with site of serious electricity works accident

63U Interference with site of serious electricity works accident

(1) A person must not disturb or interfere with the site of a serious electricity works accident before it has been inspected by an inspector except—

(a) to make it safe, or

(b) with the permission of an inspector, or

(c) as provided by the regulations.

(2) This section does not apply to a serious electricity works accident involving a motor vehicle accident on land not owned or controlled by a network operator if—

(a) a fault or failure in electricity works did not contribute to the motor vehicle accident, and

(b) electricity did not contribute to an injury or death.

Maximum penalty—500 penalty units (in the case of corporations) and 250 penalty units (in any other case).

s 63U: Ins 2004 No 4, Sch 2 [4]. Am 2021 No 34, Sch 1[13].

63V Publication of details of serious electricity works accidents

63V Publication of details of serious electricity works accidents

(1) The Tribunal may publish such details of serious electricity works accidents as the Tribunal considers necessary in the interests of public information and safety.

(2) The Minister, the Tribunal, a member or officer of the Tribunal or an inspector is not liable to any claim or action arising from any matter published under this section.

s 63V: Ins 2004 No 4, Sch 2 [4]. Am 2015 No 5, Sch 8.7 [13] [18].

63W Search warrants

63W Search warrants

(1) An inspector may apply to an authorised officer for a search warrant in respect of any place if the inspector has reasonable grounds for believing that—

(a) (Repealed)

(b) a serious electricity works accident has occurred in the place, or

(c) a provision of this Part or the regulations made for the purposes of this Part has been or is being contravened in the place.

(2) An authorised officer to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an inspector named in the warrant—

(a) to enter the place, and

(b) to search the place for evidence of the occurrence of a serious electricity works accident.

(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(4) In this section—

authorised officer has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002.

s 63W: Ins 2004 No 4, Sch 2 [4]. Am 2004 No 4, Sch 4.4 [1]–[3]; 2016 No 8, Sch 1 [12].

Part 5E Protection of underground electricity power lines

Part 5E Protection of underground electricity power lines

pt 5E (ss 63X–63ZC): Ins 2009 No 31, Sch 1 [3].

63X Definitions

63X Definitions

In this Part, designated information provider means—

(a) Dial Before You Dig NSW/ACT Incorporated, or

(b) if another person or body is prescribed by the regulations for the purposes of this definition, that other person or body.

pt 5E (ss 63X–63ZC): Ins 2009 No 31, Sch 1 [3].

63Y Provision of information on underground electricity power lines by network operators

63Y Provision of information on underground electricity power lines by network operators

(1) It is a condition of a distributor’s licence that the distributor must—

(a) be a member of the designated information provider, and

(b) comply with any obligations imposed by that membership.

(2) The regulations may make provision for or with respect to the provision of information by network operators in respect of underground electricity power lines, including (but not limited to) the provision of such information in connection with a request for information under section 63Z.

pt 5E (ss 63X–63ZC): Ins 2009 No 31, Sch 1 [3].

63Z Requirements in relation to carrying out of certain excavation work

63Z Requirements in relation to carrying out of certain excavation work

(1) A person must not commence to carry out excavation work to which this section applies, or authorise such excavation work to be commenced, unless the person has first—

(a) contacted the designated information provider and requested information as to the location and type of any underground electricity power lines in the vicinity of the proposed work, and

(b) complied with any reasonable procedures of the designated information provider as to the manner of contacting the designated information provider and the information to be provided by the person in connection with the person’s request for information, and

(c) allowed a reasonable period for the requested information to be provided.

Maximum penalty—20 penalty units.

(2) Subsection (1) does not require a person to whom that subsection applies to comply with the requirements of that subsection in relation to excavation work if another person to whom that subsection applies has already complied with those requirements in relation to that excavation work.

(3) A person must not carry out excavation work to which this section applies, or authorise such excavation work to be carried out, unless the person has ensured that any requirements of the regulations in relation to the carrying out of the work are complied with.

Maximum penalty—20 penalty units.

(4) The regulations may make provision for or with respect to the following—

(a) prescribing requirements in relation to the carrying out of excavation work to which this section applies,

(b) requiring notification to be given to a specified person or body, or person or body of a specified class, in relation to the carrying out of excavation work to which this section applies,

(c) the monitoring of excavation work to which this section applies,

(d) what constitutes reasonable procedures for the purposes of subsection (1),

(e) what constitutes a reasonable period for requested information to be provided for the purposes of subsection (1).

(5) This section applies to excavation work in an area, and of a kind, prescribed by the regulations.

pt 5E (ss 63X–63ZC): Ins 2009 No 31, Sch 1 [3].

63ZA Notification of damage to underground electricity power lines

63ZA Notification of damage to underground electricity power lines

(1) A person must, as soon as practicable after becoming aware that any action of the person or any action authorised by the person has damaged an underground electricity power line, notify the network operator that owns the power line of the damage.

Maximum penalty—20 penalty units.

(2) The regulations may make provision for the manner in which a person must notify for the purposes of subsection (1).

(3) Subsection (1) does not require a person to notify the network operator of the damage concerned if another person to whom that subsection applies has already notified the network operator of the damage.

pt 5E (ss 63X–63ZC): Ins 2009 No 31, Sch 1 [3].

63ZB Orders for costs, expenses and compensation at time offence proved

63ZB Orders for costs, expenses and compensation at time offence proved

(1) This section applies where a court convicts a person of an offence against this Part or section 65.

(2) The court may, if it appears to the court that a network operator has, by reason of the commission of the offence—

(a) suffered loss or damage to its electricity works, or

(b) incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,

order the offender to pay to the network operator the costs and expenses so incurred, or compensation for the loss or damage so suffered, as the case may be, in such amount as is fixed by the order.

(3) A court may not make an order under subsection (2) for the payment of an amount that exceeds the amount for which an order may be made by the court when exercising jurisdiction under the Civil Procedure Act 2005. An order made by the court is enforceable as if it were an order made by the court when exercising jurisdiction under that Act.

(4) Orders may be made under this section in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence concerned.

(5) Orders may be made under this section regardless of whether any penalty is imposed, or other action taken, in relation to the offence concerned.

(6) In this section—

the court means the court that convicts a person of the offence concerned.

the offender means the person who is convicted of the offence.

pt 5E (ss 63X–63ZC): Ins 2009 No 31, Sch 1 [3].

63ZC Civil liability of designated information provider

63ZC Civil liability of designated information provider

(1) This section applies to the following persons—

(a) the designated information provider, any officer or employee of the designated information provider or any person acting on behalf of the designated information provider,

(b) a network operator, any officer or employee of the network operator or any person acting on behalf of the network operator.

(2) A person to whom this section applies does not incur any civil monetary liability for any act or omission in connection with a request for information under section 63Z or the provision of information in compliance or purported compliance with the regulations under section 63Y unless the act or omission is done or made in bad faith or through negligence.

(3) The civil monetary liability for an act or omission of a kind referred to in subsection (2) done or made through negligence may not exceed the maximum amount prescribed by the regulations.

(4) For the purposes of subsection (3), the regulations may—

(a) prescribe maximum amounts that are limited in their application to persons, events, circumstances, losses or periods specified in the regulations, and

(b) prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply, and

(c) prescribe the manner in which a maximum amount is to be divided amongst claimants.

(5) A person to whom this section applies may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.

(6) This section does not apply to any liability of an officer or employee of a person to whom this section applies to the person.

(7) In this section—

civil monetary liability means liability to pay damages or compensation or any other amount in a civil proceeding, but does not include the costs of proceedings.

pt 5E (ss 63X–63ZC): Ins 2009 No 31, Sch 1 [3].

Part 6 Offences

Part 6 Offences

64 Theft of electricity

64 Theft of electricity

(1) A person must not divert or use electricity from a generating, transmission or distribution system unless authorised to do so by 1 or more of the following—

(a) a wholesale supply agreement,

(b) a customer retail contract,

(c) a contract, agreement or other arrangement prescribed by the regulations.

Maximum penalty—

(a) for a corporation—2,000 penalty units, or

(b) for an individual—100 penalty units or 5 years imprisonment, or both.

(2) An offence under this section that is committed by an individual is an indictable offence.

(3) Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an indictable offence under this section.

(4) Section 185 does not apply to an indictable offence under this section.

Note.

Offences by corporations are to be dealt with summarily (see section 185 (1) and (2)).

s 64: Am 2006 No 57, Sch 2.1; 2008 No 2, Sch 1 [1] [2]; 2009 No 36, Sch 1 [6]; 2012 No 38, Sch 1 [54]; 2021 No 34, Sch 1[14].

65 Interference with electricity works

65 Interference with electricity works

(1) A person must not interfere with a network operator’s or retailer’s electricity works unless authorised to do so by the network operator or retailer concerned.

Maximum penalty—

(a) in the case of a corporation—4,000 penalty units, or

(b) in any other case—200 penalty units or imprisonment for 5 years (or both).

(2) An offence under this section that is committed by an individual is an indictable offence.

(3) Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an indictable offence under this section.

(4) Section 185 does not apply to an indictable offence under this section.

Note.

Offences by corporations are to be dealt with summarily (see section 185 (1) and (2)).

s 65: Am 2000 No 109, Sch 1 [38] [39]; 2006 No 57, Sch 2.1; 2009 No 31, Sch 1 [4] [5]; 2010 No 119, Sch 2.18 [1] [2]; 2012 No 38, Sch 1 [55] [56].

65A Entering, climbing or being on electricity works

65A Entering, climbing or being on electricity works

(1) A person must not enter, climb or be on a network operator’s or retailer’s electricity works unless authorised to do so by the network operator or retailer concerned.

Maximum penalty—10 penalty units or 3 months imprisonment (or both).

(2) A person is not guilty of an offence under this section if the person establishes that he or she had a reasonable excuse for entering, climbing or being on the electricity works or entered, climbed or was on the electricity works for a lawful purpose.

s 65A: Ins 2008 No 2, Sch 1 [3]. Am 2012 No 38, Sch 1 [57] [58].

66 Interference with electricity meters

66 Interference with electricity meters

A person must not alter or otherwise interfere with a meter that is connected to a distributor’s distribution system unless authorised to do so under this Act, the regulations or any other energy laws (within the meaning of the National Energy Retail Law (NSW)).

Maximum penalty—

(a) in the case of a corporation—2,000 penalty units, or

(b) in any other case—100 penalty units or imprisonment for 2 years (or both).

s 66: Am 2006 No 57, Sch 2.1; 2016 No 8, Sch 1 [13].

67 Interference with distributor’s seals

67 Interference with distributor’s seals

A person must not alter or otherwise interfere with any seal that has been attached to an electrical installation by a distributor unless authorised to do so by the distributor.

Maximum penalty—

(a) in the case of a corporation—2,000 penalty units, or

(b) in any other case—100 penalty units or imprisonment for 2 years (or both).

ss 67–70: Am 2006 No 57, Sch 2.1.

68 Unauthorised connections

68 Unauthorised connections

A person must not connect an electrical installation to a distributor’s distribution system unless authorised to do so by the distributor.

Maximum penalty—

(a) in the case of a corporation—2,000 penalty units, or

(b) in any other case—100 penalty units or imprisonment for 2 years (or both).

ss 67–70: Am 2006 No 57, Sch 2.1.

69 Unauthorised increase in capacity of connections

69 Unauthorised increase in capacity of connections

A person must not increase the capacity of an existing connection to a distributor’s distribution system unless authorised to do so by the distributor.

Maximum penalty—

(a) in the case of a corporation—2,000 penalty units, or

(b) in any other case—100 penalty units or imprisonment for 2 years (or both).

ss 67–70: Am 2006 No 57, Sch 2.1.

70 Unauthorised alterations and additions to electrical installations

70 Unauthorised alterations and additions to electrical installations

A person must not alter or add to an electrical installation that is connected to a distributor’s distribution system so as to cause the supply of electricity to the installation or any part of it to be incorrectly metered unless authorised to do so by the distributor.

Maximum penalty—

(a) in the case of a corporation—2,000 penalty units, or

(b) in any other case—100 penalty units or imprisonment for 2 years (or both).

ss 67–70: Am 2006 No 57, Sch 2.1.

71 Obstruction of authorised officers

71 Obstruction of authorised officers

A person must not—

(a) prevent an authorised officer from exercising any function conferred or imposed on the authorised officer under this Act, or

(b) hinder or obstruct an authorised officer in the exercise of any such function, or

(c) impersonate an authorised officer.

Maximum penalty—200 penalty units (in the case of a corporation) and 50 penalty units (in any other case).

73 Local Court may order disconnection and discontinuance of electricity supply

73 Local Court may order disconnection and discontinuance of electricity supply

(1) If the Local Court finds a person guilty of an offence under Division 1, the Local Court may make either or both of the following orders—

(a) an order that the premises to which the offence relates be disconnected from the distribution system of the distributor concerned, or

(b) an order that the supply of electricity to those premises be discontinued.

(2) An order under this section has effect regardless of the provisions of any customer connection contract, customer retail contract or wholesale supply arrangement.

(3) An order under this section has effect despite any other law.

s 73: Am 2007 No 94, Sch 1.36 [1]; 2012 No 38, Sch 1 [60] [61].

74

74 (Repealed)

75 Court may order payment

75 Court may order payment

If the Local Court finds a person guilty of an offence under section 64, the Court may make an order directing the person to pay the amount the Court considers appropriate for the electricity diverted or used in the commission of the offence.

s 75: Am 2007 No 94, Sch 1.36 [3]; 2012 No 38, Sch 1 [63]. Subst 2021 No 34, Sch 1[15].

76 Orders for payment operate as judgments

76 Orders for payment operate as judgments

(1) An order under this Division for the payment of money—

(a) may be made by the Local Court on its own motion, or on the application of the wholesale supplier or retailer concerned, at any time within 6 months after the date of the finding, and

(b) may be enforced in the Local Court in its exercise of jurisdiction under Part 3 of the Local Court Act 2007.

(2) Part 8 of the Civil Procedure Act 2005 applies to and in respect of an order under this Division as if—

(a) the order were a judgment of the Local Court in civil proceedings, and

(b) the amount ordered to be paid were a judgment debt, and

(c) the person against whom the order is made were a judgment debtor, and

(d) the person in whose favour the order is made were a judgment creditor.

(3) The remedy provided by this section is an alternative to any other remedy that may be available apart from this section.

s 76: Am 1996 No 30, Sch 1.16 [1]; 2005 No 28, Sch 5.16 [1] [2]; 2007 No 94, Schs 1.36 [4], 2; 2012 No 38, Sch 1 [63].

Part 6A Step-in rights—Network Administration Orders

Part 6A Step-in rights—Network Administration Orders

pt 6A (ss 76A–76H): Ins 2015 No 5, Sch 8.7 [19].

76A Definition

76A Definition

In this Part—

network operations means any activity carried on for or in connection with the operation, or control of the operation, of a distribution or transmission system.

pt 6A (ss 76A–76H): Ins 2015 No 5, Sch 8.7 [19].

76B Grounds for issue of Network Administration Order

76B Grounds for issue of Network Administration Order

(1) The Minister may issue a Network Administration Order for a network operator’s distribution or transmission system if—

(a) the network operator’s licence has been cancelled, or

(b) the Minister is satisfied that the network operator has contravened a provision of this Act or the regulations or a condition of the network operator’s licence and the contravention requires the issue of a Network Administration Order.

(2) A contravention by a network operator of a provision of this Act or the regulations or a condition of the network operator’s licence is considered to require the issue of a Network Administration Order only if the Minister is satisfied that—

(a) the contravention threatens the safe, secure or reliable supply of electricity and it is necessary to take control of the distribution or transmission system concerned under such an Order to ensure the continued safe, secure and reliable supply of electricity, and

(b) alternative action to remedy the contravention that could reasonably be taken by or at the direction of the Minister either would not adequately remedy the contravention or has been taken but has failed to adequately remedy the contravention.

pt 6A (ss 76A–76H): Ins 2015 No 5, Sch 8.7 [19].

76C What a Network Administration Order authorises

76C What a Network Administration Order authorises

(1) A Network Administration Order authorises the Tribunal to take control, in accordance with the terms of the Order, of the operation of the distribution or transmission system concerned for the purpose of ensuring the continued safe, secure and reliable supply of electricity.

(2) The Tribunal is to appoint a step-in operator on terms and conditions determined by the Tribunal to operate the distribution or transmission system concerned in accordance with the terms and conditions of the step-in operator’s appointment and the directions of the Tribunal.

(3) Neither the Tribunal nor the step-in operator is required to hold a licence to operate a distribution or transmission system under the authority of a Network Administration Order.

(4) The Tribunal or the Minister may revoke the appointment of a step-in operator at any time.

pt 6A (ss 76A–76H): Ins 2015 No 5, Sch 8.7 [19].

76D Powers of step-in operator

76D Powers of step-in operator

(1) The step-in operator of a distribution or transmission system has power to do all things that are necessary or convenient for the exercise of the step-in operator’s functions under this Part.

(2) Without limitation, the step-in operator may enter and remain on any land or premises where network operations are carried on.

(3) A relevant person must provide all reasonable assistance to the step-in operator for the purpose of facilitating the exercise of the functions of the step-in operator.

Maximum penalty—7,500 penalty units (in the case of a corporation) and 5,000 penalty units (in any other case).

(4) A person must not hinder or obstruct the step-in operator in the exercise of functions under this Part.

Maximum penalty—10,000 penalty units (in the case of a corporation) and 5,000 penalty units (in any other case).

(5) In this section—

relevant person means a person who is an occupier of land or premises where network operations are carried on or who in their capacity as an officer or employee of the network operator concerned has functions in connection with network operations.

pt 6A (ss 76A–76H): Ins 2015 No 5, Sch 8.7 [19].

76E Obligations of network operator

76E Obligations of network operator

(1) A network operator of the distribution or transmission system for which a Network Administration Order is in force must co-operate with the Tribunal and step-in operator to facilitate the exercise of functions under the Order.

(2) In particular, the network operator must—

(a) provide all reasonable assistance to the Tribunal and its officers and step-in operator to facilitate the carrying on of network operations under the Order, and

(b) facilitate access by the Tribunal and its officers and step-in operator to any land or premises where network operations are carried on, and

(c) provide any information requested by the Tribunal or step-in operator and that is reasonably required to facilitate the carrying on of network operations under the Order.

Maximum penalty—5,000 penalty units (in the case of a corporation) and 2,500 penalty units (in any other case).

pt 6A (ss 76A–76H): Ins 2015 No 5, Sch 8.7 [19].

76F Costs of administration

76F Costs of administration

(1) Costs reasonably incurred by or on behalf of the Tribunal and the step-in operator in the exercise of functions under a Network Administration Order are payable by a network operator of the distribution or transmission system concerned and are recoverable from a network operator by the Tribunal as a debt due to the Crown.

(2) Those costs may also be recovered by being deducted by the step-in operator from the revenues from network operations.

(3) Revenues from network operations by the step-in operator are (after deduction of any amount authorised by this section) payable to the person who would be entitled to the revenues arising from operation by the network operator.

(4) A certificate of the Minister as to the amount of the costs recoverable from a network operator under this section is evidence of the matters certified.

pt 6A (ss 76A–76H): Ins 2015 No 5, Sch 8.7 [19].

76G Liability under Network Administration Order

76G Liability under Network Administration Order

(1) A person concerned in the operation of a distribution or transmission system under a Network Administration Order is not liable for any act or omission of the Tribunal or step-in operator in the exercise or purported exercise in good faith of functions under the Order.

(2) A liability that this section prevents from attaching to a person attaches instead to the network operator.

(3) Each of the following is a person concerned in the operation of a distribution or transmission system under a Network Administration Order—

(a) the Minister,

(b) the Tribunal,

(c) the step-in operator,

(d) a person acting under the direction or control of the Tribunal or step-in operator.

pt 6A (ss 76A–76H): Ins 2015 No 5, Sch 8.7 [19].

76H Procedure for Network Administration Order

76H Procedure for Network Administration Order

(1) A Network Administration Order is to be issued in writing and the Minister is to notify the Tribunal and the network operator of the issuing of the Order.

(2) A Network Administration Order may include directions to the Tribunal as to the exercise of the Tribunal’s functions under the Order.

(3) A Network Administration Order remains in force until it is revoked.

(4) The Minister may revoke a Network Administration Order at any time by notice in writing to the Tribunal and the network operator concerned.

(5) This Part can apply to part of a distribution or transmission system and for that purpose a Network Administration Order can be issued for part of a distribution or transmission system.

pt 6A (ss 76A–76H): Ins 2015 No 5, Sch 8.7 [19].

Part 7 Administration

Part 7 Administration

77 Regulatory functions of Tribunal

77 Regulatory functions of Tribunal

(1) The regulatory functions of the Tribunal under this Act (including under the regulations) are—

(a) the function of making recommendations under subsection (2), and

(a1) the functions relating to electricity safety conferred by Part 5D, and

(b) the function of monitoring and reporting under section 87, and

(c) the function of imposing monetary penalties, or requiring other action to be taken, under clause 8A of Schedule 2, and

(c1) the function of instituting and conducting proceedings under the National Electricity (NSW) Law in accordance with the modifications of that Law set out in this Act, Schedule 1, and

(d) such other functions of the Tribunal under this Act (including under the regulations) as are specified by the regulations for the purposes of this section.

Note—

The modifications in Schedule 1 enable the Tribunal to apply to the Supreme Court for various orders, including the payment of civil penalties, in respect of a breach of the National Electricity Rules, clause 5.2.3(f) to the extent that the breach concerns non-compliance with a licence issued under this Act.

(2) The Tribunal has the function of making recommendations to the Minister for or with respect to—

(a) the granting, variation, transfer or cancellation of a licence, and

(b) the imposition, variation or cancellation of conditions in relation to a licence, and

(c) action to be taken, and sanctions to be applied, in respect of a contravention of the conditions of a licence, and

(d) any remedial action that may be warranted as a result of a contravention of the conditions of a licence.

(3) Part 4B of the Independent Pricing and Regulatory Tribunal Act 1992 applies in relation to the Tribunal’s regulatory functions under this Act.

(4) The Tribunal may establish one or more committees to assist the Tribunal in the exercise of its regulatory functions, and the following provisions apply in respect of such a committee—

(a) a committee may consist of members of the Tribunal, officers of the Tribunal or other persons,

(b) section 26 (Personal liability) of the Independent Pricing and Regulatory Tribunal Act 1992 extends to a member of a committee as if the member were acting under the direction of the Tribunal.

(5) The Tribunal may delegate any regulatory function of the Tribunal to—

(a) any member or officer of the Tribunal, or

(b) any committee of the Tribunal but only if at least one member of the committee is a member of the Tribunal and despite section 10 (Delegation of Tribunal’s functions) of the Independent Pricing and Regulatory Tribunal Act 1992.

s 77: Rep 1997 No 20, Sch 1.3 [11]. Ins 2000 No 60, Sch 1.2 [1]. Am 2005 No 17, Sch 1 [3]–[5]; 2012 No 38, Sch 1 [64]; 2015 No 5, Sch 8.7 [20]–[22]; 2025 No 80, Sch 2[7] [8].

78 Modification of National Electricity (NSW) Law about proceedings instituted by Tribunal

78 Modification of National Electricity (NSW) Law about proceedings instituted by Tribunal

The National Electricity (NSW) Law is modified as set out in Schedule 1.

s 78: Am 1997 No 21, Sch 1 [17] [18]. Rep 1997 No 20, Sch 1.3 [11]. Am 2025 No 80, Sch 2[9].

79

79–82 (Repealed)

83 Distribution districts of distributors

83 Distribution districts of distributors

(1) Each distributor listed in Schedule 3 has a distribution district comprising the local government areas, or parts of local government areas, described in that Schedule.

(1A) When network infrastructure assets that form part of the distribution system of a distributor are leased for the purposes of an authorised transaction under the Electricity Network Assets (Authorised Transactions) Act 2015, a reference to the distributor in Schedule 3 is to be read (after completion of the authorised transaction) as a reference to the entity that operates that distribution system after completion.

(2) The boundaries of a distributor’s distribution district are unaffected by any change in the boundaries of a local government area and, for that purpose, the boundaries of the local government area are taken to remain the same as they were when the reference to the local government area was included in Schedule 3.

(3) A reference in Schedule 3 to a part of a local government area is (if that part is not described in that Schedule) a reference to such part of the local government area as is described by the regulations for the purposes of that reference.

s 83: Am 1996 No 30, Sch 1.16 [2]; 2000 No 109, Sch 1 [42]; 2015 No 5, Sch 8.7 [23].

84 Variation of distribution districts

84 Variation of distribution districts

(1) The Governor may, by regulation, amend Schedule 3 so as—

(a) to vary the boundaries of an existing distributor’s distribution district, or

(b) to include the boundaries of the distribution district of an additional distributor.

(2) The regulations may contain provisions of a savings or transitional nature consequent on the variation or inclusion of any such boundaries.

(3) Any such provision may, if the regulations so provide, take effect from the day on which the variation or inclusion of boundaries occurs or a later day.

(4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

s 84: Am 2000 No 109, Sch 1 [43] [44].

85 Transfer of staff, assets, rights and liabilities

85 Transfer of staff, assets, rights and liabilities

(1) The Minister may direct, by order in writing, that any specified staff, assets, rights or liabilities of a distributor whose distribution district is varied be transferred to such other distributor as is specified in the order.

(2) Such an order may be made on such terms and conditions as are specified in the order.

(3) Schedule 4 applies to the transfer of staff, assets, rights or liabilities under this section.

s 85: Am 2000 No 109, Sch 1 [45].

86

86 (Repealed)

87 Licence auditing functions of Tribunal

87 Licence auditing functions of Tribunal

(1) The functions of the Tribunal under this Division are to monitor, and report to the Minister on, the extent to which network operators comply, or fail to comply, with the conditions imposed on licences held by them.

(1A) The regulations may make provision for or with respect to conferring functions on network operators in connection with the Tribunal’s functions under this Division, including provision for or with respect to—

(a) conferring functions (licence auditing functions) requiring a network operator to monitor and report to the Tribunal on any matter that the Tribunal is required to monitor and report on under this section in connection with the conditions of the network operator’s licence, and

(b) regulating the selection and appointment of persons to exercise functions in connection with the licence auditing functions of a network operator.

(1B) (Repealed)

(2) For the purpose of enabling the Tribunal to exercise its functions, the Minister must furnish the Tribunal with such information in the possession of the Minister as the Tribunal may request in relation to the compliance by distributors with the conditions imposed on the licences held by them.

(2A) (Repealed)

(3) This section does not apply to a condition referred to in section 32G or 43E.

s 87: Am 1997 No 36, Sch 1 [3]; 2000 No 60, Sch 1.2 [4] [5]; 2000 No 109, Sch 1 [46]; 2005 No 17, Sch 1 [6] [7]; 2012 No 38, Sch 1 [65]–[68]; 2015 No 5, Sch 8.7 [24]; 2015 No 36, Sch 3 [11] [12].

87A Cost of audit

87A Cost of audit

(1) Each holder of a licence is required to pay to the Treasurer the cost (as certified by the Tribunal) involved in and in connection with carrying out the Tribunal’s functions under section 87 in relation to the holder of the licence.

(2) Without limitation, a licence may include terms and conditions relating to the determination of the cost of carrying out those functions.

s 87A: Ins 2000 No 60, Sch 1.2 [6]. Am 2012 No 38, Sch 1 [69]; 2015 No 36, Sch 3 [13].

87B Provision and maintenance of information, documents and evidence

87B Provision and maintenance of information, documents and evidence

(1) For the purposes of monitoring and reporting under section 87, the Chairperson of the Tribunal may, by notice in writing served on a relevant person, require the person to do any one or more of the following—

(a) to furnish specified information to the Tribunal within a period specified in the notice,

(b) to provide specified documents to the Tribunal within a period specified in the notice,

(c) to keep specified records including any documents specified in the notice,

(d) to attend a meeting of the Tribunal to give evidence.

(2) Each of the following is a relevant person for the purposes of this section—

(a) the holder of a licence,

(b) an officer of the holder of a licence,

(c) any other person (except in relation to a requirement to keep records).

(3) If documents are provided to the Tribunal under this section, the Tribunal—

(a) may take possession of, and make copies of or take extracts from, the documents, and

(b) may keep possession of the documents for such period as is necessary for those purposes, and

(c) during that period must permit them to be inspected at all reasonable times by persons who would be entitled to inspect them if they were not in the possession of the Tribunal.

s 87B: Ins 2000 No 109, Sch 1 [47]. Am 2005 No 17, Sch 1 [8]; 2012 No 38, Sch 1 [70]–[72]. Subst 2015 No 5, Sch 8.7 [25]. Am 2015 No 36, Sch 3 [14].

87C Offences

87C Offences

(1) A person must not, without reasonable excuse—

(a) refuse or fail to comply with a notice served under section 87B, or

(b) refuse or fail to answer a question that the person is required to answer by the Chairperson at any meeting of the Tribunal under section 87B.

(2) It is a reasonable excuse for the purposes of subsection (1) that to comply with the notice or to answer the question might tend to incriminate a natural person or make the person liable to any forfeiture or penalty.

(3) A person must not—

(a) give to the Tribunal, whether orally or in writing, information that the person knows to be false or misleading in a material particular (unless the person informs the Tribunal of that fact), or

(b) at a meeting of the Tribunal, give evidence that the person knows to be false or misleading in a material particular.

(4) A person must not hinder, obstruct or interfere with the Chairperson or any other member of the Tribunal in the exercise of functions for the purposes of section 87 or 87B as Chairperson or other member.

(5) A person must not take any action that detrimentally affects the employment of another person, or threaten to do so, because that other person has assisted the Tribunal in any investigation.

Maximum penalty—2,000 penalty units in the case of a corporation and 500 penalty units or imprisonment for 6 months, or both, in any other case.

s 87C: Ins 2000 No 109, Sch 1 [47]. Am 2012 No 38, Sch 1 [73]; 2015 No 5, Sch 8.7 [26] [27].

87D

87D (Repealed)

88 Annual reports

88 Annual reports

(1) As soon as practicable after 30 June (but on or before 31 October) in each year, the Tribunal must prepare and forward to the Minister a report on the extent to which network operators have complied, or failed to comply, with the conditions imposed on the licences held by them during the 12 months ending on 30 June in that year.

(2) The Minister must lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report.

s 88: Am 2000 No 60, Sch 1.2 [7]; 2005 No 17, Sch 1 [9]; 2012 No 38, Sch 1 [75]; 2015 No 5, Sch 8.7 [28]; 2015 No 36, Sch 3 [15].

89 Appointment of customer consultative groups

89 Appointment of customer consultative groups

(1) A distributor must appoint at least one customer consultative group to act as a forum for consultation between the distributor and its customers.

(2), (3) (Repealed)

s 89: Am 2000 No 109, Sch 1 [48] [49]; 2012 No 38, Sch 1 [76].

90 Constitution of customer consultative groups

90 Constitution of customer consultative groups

(1) Except to the extent to which the regulations otherwise provide, a customer consultative group must include members representing each of the following sections of the community—

(a) consumer groups,

(b) low-income households,

(c) persons living in rural and remote areas,

(d) domestic customers,

(e) industrial and commercial customers.

(2) Except to the extent to which the regulations otherwise provide, a customer consultative group must meet at least twice a year.

(3) In all other respects, the constitution and procedure of a customer consultative group are to be as determined by the regulations.

s 90: Am 2000 No 109, Sch 1 [50]; 2001 No 18, Sch 2 [3].

91 Functions of customer consultative groups

91 Functions of customer consultative groups

(1) A customer consultative group has such functions as are conferred or imposed on it by this Act or the regulations.

(2) Except to the extent to which the regulations otherwise provide, the function of a customer consultative group appointed by a distributor is to provide information and advice on the following matters to the distributor—

(a) (Repealed)

(b) the effect on retail customers within its distribution district of any proposed changes in the way in which the distributor operates,

(c) any improvements in the way in which the distributor operates that the customer consultative group believes would benefit retail customers within its distribution district,

(d) such other matters as the distributor and the customer consultative group agree should be the subject of such advice.

(3) (Repealed)

s 91: Am 2000 No 109, Sch 1 [51]; 2012 No 38, Sch 1 [77] [78]; 2014 No 88, Sch 1.6 [4].

92 Enforceable undertakings

92 Enforceable undertakings

(1) The Tribunal may accept a written undertaking given by the holder of a licence for the purposes of this section in connection with the contravention by the holder of a requirement of this Act, the regulations under this Act or the conditions of the licence.

(2) A person may withdraw or vary the undertaking at any time, but only with the consent of the Tribunal.

(3) A person must not breach any term of an undertaking given by the person for the purposes of this section.

Maximum penalty—5,000 penalty units.

(4) If the Tribunal considers that a person has breached any term of an undertaking given by the person for the purposes of this section, the Tribunal may apply to the Supreme Court for an order under this section.

(5) If the Supreme Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders—

(a) an order directing the person to comply with that term of the undertaking,

(b) an order directing the person to pay the State an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach,

(c) an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach,

(d) any other order that the Court considers appropriate.

(6) A person may be proceeded against and convicted for an offence under this section whether or not an order under this section has been applied for or made in connection with the breach concerned.

(7) The Tribunal must keep a register on its website of undertakings given for the purposes of this section.

s 92: Am 1996 No 30, Sch 1.16 [3]; 1996 No 121, Sch 1.3 [2]. Subst 2000 No 109, Sch 1 [52]. Am 2001 No 18, Sch 2 [4]. Rep 2012 No 38, Sch 1 [79]. Ins 2015 No 5, Sch 8.7 [29].

93 Transmission systems

93 Transmission systems

(1) The Minister may, by order published in the Gazette, declare any specified electricity power lines and associated equipment and electricity structures to be a transmission system for the purposes of this Act.

(2) An order under this section takes effect on the day on which it is published in the Gazette or on such later day as is specified in the order.

93A Operation of transacted transmission system

93A Operation of transacted transmission system

(1) A person must not operate a transmission system that is a transacted transmission system under the Electricity Network Assets (Authorised Transactions) Act 2015 otherwise than under the authority of a transmission operator’s licence.

Maximum penalty—5,000 penalty units.

(2) The Minister may grant transmission operators’ licences for the purposes of this Act.

(3) Schedule 2 has effect with respect to the granting, variation, transfer and cancellation of transmission operators’ licences.

s 93A: Ins 2015 No 5, Sch 8.7 [30].

93B Operating a network infrastructure project transmission system

93B Operating a network infrastructure project transmission system

(1) A person must not, without a transmission operator’s licence, operate a transmission system that is the subject of—

(a) a network operator’s appointment under the Electricity Infrastructure Investment Act 2020, section 31A(1), or

(b) a network operator’s direction given under the Electricity Infrastructure Investment Act 2020, section 32(1), or

(c) a network operator’s authorisation under the Electricity Infrastructure Investment Act 2020, section 36(2).

Maximum penalty—5,000 penalty units.

(2) To avoid doubt—

(a) the Minister may grant transmission operator’s licences for this section, and

(b) Schedule 2 applies to the granting, variation, transfer and cancellation of transmission operator’s licences, and

(c) the Minister may grant a transmission operator’s licence under section 93A(2) for this section on an application made before the commencement of this section.

s 93B: Ins 2024 No 41, Sch 2[1]. Am 2025 No 80, Sch 2[11] [12].

94 Authorised officers

94 Authorised officers

(1) A network operator or retailer may, in accordance with any guidelines in force under this section, appoint authorised officers for the purposes of this Act.

(2) An authorised officer appointed by a network operator has such of the functions of the network operator by which he or she is appointed as are specified in the authorised officer’s instrument of appointment.

(3) An authorised officer appointed by a distributor may exercise those functions only within the distribution district of the distributor by which he or she is appointed.

(3A) If a distributor does not have a distribution district, an authorised officer appointed by the distributor may exercise those functions only on land that is occupied by the distributor’s distribution system and on land on which premises connected to that distribution system are situated.

(3B) An authorised officer appointed by a retailer—

(a) has the functions of an authorised officer under this Act specified in the authorised officer’s instrument of appointment, and

(b) may exercise those functions only with respect to the premises of customers of the retailer.

(4) The Minister may, by order published in the Gazette, establish guidelines for the appointment of authorised officers.

(5) An order under this section takes effect on the day on which it is published in the Gazette or on such later day as is specified in the order.

s 94: Am 1996 No 56, Sch 2.8 [2]; 2000 No 109, Sch 1 [53]–[55]; 2012 No 38, Sch 1 [80].

Part 7A Management of electricity supply emergencies

Part 7A Management of electricity supply emergencies

pt 7A: Ins 2017 No 59, Sch 1 [3].

94A Declaration of electricity supply emergency

94A Declaration of electricity supply emergency

(1) The Premier may, by order in writing, declare an electricity supply emergency if the Premier is satisfied—

(a) that the supply of electricity to all or any part of the State is disrupted to a significant degree, or

(b) that there is a real risk that the supply of electricity to all or any part of the State may be disrupted to a significant degree, or

(c) there is a cyber security incident that affects or is likely to affect 1 or more of the following that is responsible for a significant supply of electricity to all or part of the State—

(i) a distribution system,

(ii) a distributor,

(iii) an electricity generator,

(iv) a transmission operator,

(v) a transmission system, or

(d) there is a cyber security incident of a type prescribed by the regulations.

(2) An order declaring an electricity supply emergency has effect immediately on the making of the order.

(3) The declaration of an electricity supply emergency remains in force—

(a) for the period (if any) specified in the declaration, or

(b) until such time as the declaration is revoked by the Premier by order in writing.

(4) As soon as practicable after making or revoking a declaration of an electricity supply emergency, the Premier must—

(a) cause notice of the declaration or revocation to be made public in such manner as the Premier considers appropriate, and

(b) cause a copy of the relevant order to be published in the Gazette or on the NSW legislation website.

(5) Subsection (4) does not apply to an electricity supply emergency declared under subsection (1)(c) or (d).

s 94A: Ins 2017 No 59, Sch 1 [3]. Am 2021 No 34, Sch 1[16] [17].

94B Electricity supply emergency directions

94B Electricity supply emergency directions

(1A) This section applies to an electricity supply emergency declared by the Premier under section 94A(1)(a) or (b).

(1) While the declaration of an electricity supply emergency to which this section applies is in force, the Minister may give directions (referred to in this Part as electricity supply emergency directions) that the Minister considers are reasonably necessary to respond to the electricity supply emergency.

(2) Without limiting subsection (1), electricity supply emergency directions may be given for any of the following purposes—

(a) to restrict the use of electricity in order to reduce demand,

(b) to require large users of electricity to wholly or partly turn off or shut down any plant or equipment for a specified period of time,

(c) to impose requirements relating to the carrying out of activities that may affect the production or supply of electricity,

(d) to impose other requirements that relate directly to the production, use or supply of electricity.

(3) An electricity supply emergency direction that is to apply to the general public or a specified sector of the community is to be given by means of a notice published in the Gazette.

(4) An electricity supply emergency direction that is to apply to a particular person is to be given to the person verbally or by instrument in writing. If the direction is given verbally it must be confirmed by instrument in writing given to the person as soon as it is practicable to do so.

(5) The Minister must, as soon as practicable after giving an electricity supply emergency direction that applies to a particular person, cause the direction to be published in the Gazette.

(6) An electricity supply emergency direction—

(a) operates for such period as is specified in the direction (but only while the declaration of the electricity supply emergency is in force), and

(b) may be varied or revoked by a subsequent direction under this section.

(7) In giving an electricity supply emergency direction, the Minister is to endeavour to act, so far as is reasonably practicable, in a way that is complementary to, and not inconsistent with, the operation and administration of the national electricity market within the meaning of the National Electricity (NSW) Law.

s 94B: Ins 2017 No 59, Sch 1 [3]. Am 2021 No 34, Sch 1[18] [19].

94BA Electricity supply emergency—cyber security directions

94BA Electricity supply emergency—cyber security directions

(1) While the declaration of an electricity supply emergency under section 94A(1)(c) or (d) is in force, the Minister may, by written order, give a direction (a cyber security direction) to a relevant person requiring the person to take the action the Minister considers reasonably necessary to—

(a) respond to the impact of the incident on the person’s information technology systems, or

(b) prevent the incident having an impact on the person’s information technology systems.

(2) A cyber security direction—

(a) has effect for the period specified in the direction, and

(b) may be varied or revoked by a subsequent direction under this section.

(3) The Minister’s written order under subsection (1) must include a copy of the Premier’s declaration of the electricity supply emergency under which the cyber security direction is given.

(4) A person given a cyber security direction must comply with the direction.

Maximum penalty—

(a) for a corporation—2,000 penalty units, or

(b) for an individual—100 penalty units.

(5) In this section—

relevant person means the following—

(a) a network operator,

(b) an electricity generator,

(c) a person who is a member of a class of persons prescribed by the regulations.

s 94BA: Ins 2021 No 34, Sch 1[20].

94C Requirement to comply with electricity supply emergency directions

94C Requirement to comply with electricity supply emergency directions

(1) A person who fails to comply with an electricity supply emergency direction applying to the person is guilty of an offence.

Maximum penalty—2,000 penalty units in the case of a corporation or 100 penalty units in the case of an individual.

(2) The requirement to comply with an electricity supply emergency direction has effect despite any other Act or law.

s 94C: Ins 2017 No 59, Sch 1 [3].

94D Requirement to provide information in connection with electricity supply emergency

94D Requirement to provide information in connection with electricity supply emergency

(1) The Minister may, by notice in writing given to a person (referred to in this Part as an information notice), require the person to provide such information as the Minister requires for any one or more of the following purposes—

(a) to determine whether the supply of electricity to all or any part of the State has been, or is likely to be, disrupted to a significant degree,

(a1) to determine whether there is, or is likely to be, a cyber security incident affecting the supply of electricity to all or any part of the State,

(b) to plan and prepare for the exercise of powers under this Part in the event that the supply of electricity is disrupted to a significant degree,

(c) to otherwise administer or enforce this Part.

(2) Without limiting the information that an information notice may require to be provided, the information so required may include the following—

(a) information (including location and operational status) about electricity structures, electricity works and other electricity infrastructure such as transmission substations,

(a1) information about 1 or more of the following—

(i) a cyber security incident reasonably believed to affect the person,

(ii) the person’s plan to respond to cyber security incidents,

(iii) the actions the person has taken, or intends to take, in response to a cyber security incident,

(b) information (including location and operational status) about non-electricity infrastructure such as gas pipelines, data storage or server facilities and telecommunications towers,

(c) information that may be relevant to the supply of electricity in an emergency, including information about the location and availability of the following—

(i) coal supplies and stockpiles,

(ii) gas and liquid fuel stocks,

(iii) water storage reserves,

(iv) any relevant infrastructure or facilities with back-up power generation.

(3) An information notice must specify—

(a) the manner in which the information required by the notice is to be provided to the Minister, and

(b) a reasonable time by which the information is to be provided.

(4) For the avoidance of doubt, an information notice may be given whether or not the declaration of an electricity supply emergency is in force.

(5) A person must not—

(a) without lawful excuse fail to comply with an information notice given to the person, or

(b) provide any information in purported compliance with an information notice that is false or misleading in a material respect.

Maximum penalty—2,000 penalty units in the case of a corporation or 100 penalty units in the case of an individual.

(6) An information notice may be given to a person by any of the following methods—

(a) in the case of an individual—by personal delivery to the person,

(b) by post to the address specified by the person for the giving of information notices,

(c) in the case of an individual who has not specified such an address—by post to the residential or business address of the person last known to the Minister,

(d) in the case of a corporation—by post to the registered office or any other office of the corporation or by leaving it at any such office with a person apparently over the age of 16 years,

(e) by email to an email address specified by the person for the giving of information notices,

(f) by any other method authorised by the regulations for the giving of information notices.

s 94D: Ins 2017 No 59, Sch 1 [3]. Am 2021 No 34, Sch 1[21] [22].

94E Disclosure of information provided to Minister

94E Disclosure of information provided to Minister

(1) Any information provided to the Minister in accordance with an information notice may be divulged by the Minister—

(a) to any person with the consent of the person who provided the information, or

(b) to any person if the Minister is satisfied that the information is not confidential in nature, or

(c) to any person who is engaged in the administration of this Part, or

(d) to AEMO, or

(e) in accordance with a requirement under any Act or other law, or

(f) to a person prescribed by the regulations for the purposes of this section.

(2) If the Minister divulges any information to a person that has been provided to the Minister in accordance with an information notice, the Minister may give the person a direction prohibiting or restricting the person from divulging the information if the Minister is satisfied that it is appropriate to give the direction because of the confidential nature of the information.

(3) A person who contravenes a direction under subsection (2) is guilty of an offence.

Maximum penalty—100 penalty units.

s 94E: Ins 2017 No 59, Sch 1 [3]. Am 2021 No 34, Sch 1[23].

94F Provisions relating to requirement to provide information

94F Provisions relating to requirement to provide information

(1) A person is not guilty of an offence of failing to comply with an information notice unless the person was warned on that occasion that a failure to comply is an offence.

(2) A person is not excused from the requirement under an information notice to provide information on the ground that the information might incriminate the person or make the person liable to a penalty.

(3) However, any information provided by a natural person in compliance with an information notice is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this Part) if—

(a) the person objected at the time to doing so on the ground that it might incriminate the person, or

(b) the person was not warned on that occasion that the person may object to providing the information on the ground that it might incriminate the person.

s 94F: Ins 2017 No 59, Sch 1 [3].

94G Appointment of authorised officers

94G Appointment of authorised officers

(1) The Minister may appoint any person (referred to in this Part as an authorised officer) as an authorised officer for the purposes of this Part.

(2) An authorised officer is, in exercising the functions of an authorised officer, subject to the control and direction of the Minister.

(3) The Minister is to cause each authorised officer to be issued with a means of identification in the form approved by the Minister.

s 94G: Ins 2017 No 59, Sch 1 [3].

94H Powers of authorised officers

94H Powers of authorised officers

(1) An authorised officer may enter any premises at any reasonable time for the purposes of determining whether there has been a failure to comply with an electricity supply emergency direction or a cyber security direction.

(2) However, an authorised officer is not empowered to enter any part of premises used only for residential purposes without the permission of the occupier of the premises.

(3) An authorised officer may, at any premises lawfully entered, do anything that, in the opinion of the authorised officer, is necessary to be done for the purposes of determining whether there has been a failure to comply with an electricity supply emergency direction or a cyber security direction.

(4) Without limiting subsection (3), the authorised officer may—

(a) carry out such inspections on those premises as the authorised officer considers necessary, and

(b) examine and test any plant or equipment on the premises, and

(c) take such photographs, films, audio, video and other recordings as the authorised officer considers necessary.

(5) A person must not—

(a) prevent an authorised officer from exercising any function conferred or imposed on the authorised officer under this section, or

(b) hinder or obstruct an authorised officer in the exercise of any such function.

Maximum penalty—200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.

(6) A person is not guilty of an offence under subsection (5) because of any act of hindrance or obstruction unless it is established that the authorised officer identified himself or herself as an authorised officer.

s 94H: Ins 2017 No 59, Sch 1 [3]. Am 2021 No 34, Sch 1[24].