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](/view/html/inforce/current/act-1997-20a) 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](/view/html/inforce/current/act-1992-039) 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](/view/html/inforce/current/act-1992-039) 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](/view/html/inforce/current/act-1992-039). > > **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\[7\] \[8\].