77Regulatory functions of Tribunal

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—