The Act creates Tasmania’s energy planning and security framework by appointing a Director to coordinate policy (s4), making the Tasmanian Economic Regulator the Monitor and Assessor (s8A) and the Director the Energy Security Co‑ordinator (s8D). The Minister can set monthly storage thresholds (HRL/PSL) (s3A). Hydro must prepare recovery plans if storage risks materialise (ss8F–8J). The Director and Assessor can require industry information (ss9,9A) with penalties for non‑compliance (s11); renewable generation targets are also specified (s3C).
This Act creates a small, structured governance and information framework for energy planning, monitoring, reporting and emergency response in Tasmania. Mechanically it:
Establishes the office of Director of Energy Planning (Director) with functions to plan, coordinate and advise the Minister on energy matters, to monitor the energy industry and to promote renewable energy (ss 4-5).
Creates two distinct operational roles in Part 2A: the Monitor and Assessor for Energy Security (Assessor) and the Energy Security Co-ordinator (Co‑ordinator). The Regulator (Tasmanian Economic Regulator) is appointed as the Assessor (s 8A). The Director is designated as the Co‑ordinator (s 8D). Their functions and interaction are set out in ss 8B-8M.
Gives the Minister power to set two storage-related benchmarks, the high reliability level (HRL) and the prudent storage level (PSL), by monthly order (s 3A). Those benchmarks trigger statutory powers and duties: when storage approaches or falls below PSL or HRL, the Assessor may require recovery plans from Hydro (ss 8F-8G) and must notify the Co‑ordinator (s 8B).
Prescribes the content and approval pathway for recovery plans. Recovery plans must set out strategies to reduce consumption of stored energy and strategies to increase supply other than stored energy (s 8H), are reviewed by the Co‑ordinator and approved if they meet the specified matters (s 8I), and are implemented under the Co‑ordinator’s supervision (s 8J).
Confers information‑gathering powers on the Director, including a general power to request prescribed information (s 9) and an expanded, compulsory power to require information if the Minister notifies the Director of a serious supply risk (s 9A). The Assessor and Co‑ordinator also have power to request information relevant to their functions (s 8M).
Current sections
Direct links to the current provisions in Energy Co-ordination and Planning Act 1995.
NEM means the interconnected national electricity system used to convey, and control the conveyance of, electricity, the load of which is settled through the wholesale electricity exchange operated and administered by the Australian Energy Market Operator under the National Electricity Rules;
NEM-connected equipment means electricity-generating equipment, situated in Tasmania, that is connected to the Tasmanian electricity grid, whether or not –
(a) the equipment is directly connected to that grid or is operated primarily for the provision of electricity to the Tasmanian electricity grid; and
(b) any of the electricity generated by the equipment is conveyed to the Tasmanian electricity grid;
Tasmanian electricity grid means so much of the NEM as is situated in Tasmania.
(2) The renewable energy targets are –
(a) that, in at least one calendar year ending on or before 31 December 2030, 15,750 GWh of electricity that is generated in that calendar year by NEM-connected equipment is to be generated by utilising renewable energy sources or by converting renewable energy sources into electricity; and
(b) that, in at least one calendar year ending on or before 31 December 2040, 21,000 GWh of electricity that is generated in that calendar year by NEM-connected equipment is to be generated by utilising renewable energy sources or by converting renewable energy sources into electricity.
(i) to monitor the operation of the State's energy industry and its participants; and
(ii) to consult with interested groups and persons;
(d) to examine and monitor factors affecting the supply and demand for energy for the State;
(e) to co-ordinate activities to ensure that adequate arrangements are in place for the planning of the State's electrical system;
(f) to undertake, sponsor and co-ordinate research, development and demonstration relating to energy;
(g) to promote the development of commercial applications of renewable energy;
(h) to produce and publish information and reports on energy-related matters;
(i) to provide support in the resolution of disputes about energy-related matters.
(2) In addition to any other powers conferred on the Director, the Director has power to do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of the Director's functions.
(2) [Section 6 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Secretary of the Department may make arrangements for State Service officers and State Service employees employed in the Department and, with the approval of another Head of a State Service Agency, for State Service officers and State Service employees employed in that Agency to be made available to the Director to enable the Director to perform the Director's functions.
The Regulator is to be the Monitor and Assessor for Energy Security.
8B
Assessor's functions and powers
8B Assessor's functions and powers
(1) The Assessor has the following functions:
(a) to monitor and provide reports in relation to energy in storage and other sources of energy;
(b) to evaluate, on a monthly basis, whether there is sufficient energy in storage and associated generation capacity to meet forecast electricity demand in the Tasmanian region of the National Electricity Market;
(c) to require Hydro to provide recovery plans in accordance with section 8F ;
(d) to provide the Co-ordinator with a copy of any recovery plan and the Assessor’s advice on the quality of the plan;
(e) to notify the Co-ordinator when energy in storage levels are likely to drop below the HRL;
(f) to monitor and evaluate the PSL and HRL and advise the Minister whether changes in the levels are required;
(g) such other functions as may be prescribed.
(2) In addition to any other powers conferred on the Assessor, he or she has power to do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of his or her functions.
8C
Reports by Assessor
8C Reports by Assessor
(1) The Assessor is to publish on the Assessor’s website a monthly report in relation to energy in storage levels, the PSL and the HRL.
(2) The Assessor, not later than 30 November each year, is to prepare and give to the Minister a report on the performance of the Assessor's functions and the exercise of the Assessor's powers under this Act in the preceding 12 months.
(3) The report provided under subsection (2) is to include the following:
(a) an examination of the forecast energy in storage levels and forecast demand for energy;
(b) consideration of whether the energy in storage levels are likely to drop below the PSL or the HRL;
(c) a review of changes to the balance between supply and demand for energy, and recommendations to ensure the maintenance of security of energy supply;
(d) any other matters that the Assessor thinks appropriate.
(4) The Assessor is to cause a copy of the report to be published on the Assessor’s website.
(5) If the Assessor considers that a change in the PSL or the HRL is required, the Assessor is to provide the Minister with advice to that effect.
(6) In preparing the advice under subsection (5) , the Assessor is to consult with Hydro.
The Director is to be the Energy Security Co-ordinator.
8E
Functions and powers of Co-ordinator
8E Functions and powers of Co-ordinator
(1) The Co-ordinator has the following functions:
(a) to recommend to the Minister any action that the Co-ordinator considers should be taken in order to ensure that the State’s energy requirements can be met;
(b) to manage electricity supply risks when energy in storage is at or below the HRL;
(c) to review any recovery plan provided to the Assessor by Hydro;
(d) such other functions as may be prescribed.
(2) In addition to any other powers conferred on the Co-ordinator, he or she has power to do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of his or her functions.
8F Assessor may require PSL recovery plan from Hydro
(1) If the level of energy in storage is below the PSL and, in the Assessor’s opinion, it is reasonably possible that it will fall below the HRL, the Assessor may require Hydro to submit to the Assessor a PSL recovery plan, within a specified period.
(2) If requested to do so under subsection (1), Hydro must submit a PSL recovery plan within the period specified.
8G
Assessor must require HRL recovery plan from Hydro
8G Assessor must require HRL recovery plan from Hydro
(1) If, in the Assessor’s opinion, it is probable that the level of energy in storage will fall below the HRL, the Assessor must require Hydro to submit to the Assessor an HRL recovery plan, within a specified period.
(2) If requested to do so under subsection (1) , Hydro must submit an HRL recovery plan within the period specified.
8H
Information to be included in recovery plans
8H Information to be included in recovery plans
A recovery plan is to include the following information:
(a) details of any strategies that Hydro may implement for reducing the consumption of energy in storage and other sources of energy;
(b) details of any strategies of which Hydro is aware for increasing the supply of energy other than energy in storage.
8I
Approval of HRL recovery plan
8I Approval of HRL recovery plan
(1) On receipt of an HRL recovery plan, the Assessor is to provide the Co-ordinator with a copy of the plan.
(2) The Co-ordinator must review the HRL recovery plan.
(3) In reviewing an HRL recovery plan, the Co-ordinator may require information from any person or body that the Co-ordinator considers relevant.
(4) If the Co-ordinator is not satisfied that the HRL recovery plan adequately addresses the matters referred to in section 8H , the Co-ordinator is to liaise with Hydro to rectify any deficiencies in the HRL recovery plan.
(5) Once any deficiencies in the HRL recovery plan have been rectified to the Co-ordinator’s satisfaction, the amended HRL recovery plan is to be submitted to the Assessor.
(6) If an amended HRL recovery plan is submitted to the Assessor, the Assessor is to provide the Co-ordinator with a copy of the amended HRL recovery plan for review.
(7) If the Co-ordinator is satisfied that the HRL recovery plan, whether as amended or not, adequately addresses the matters referred to in section 8H , the Co-ordinator is to –
(a) approve the HRL recovery plan; and
(b) advise Hydro, the Assessor and the Minister of that approval.
8J
Implementation and reporting of recovery plan
8J Implementation and reporting of recovery plan
(1) If the Co-ordinator approves a recovery plan, he or she must oversee and co-ordinate the implementation of the plan.
(2) The Co-ordinator may require Hydro to provide reports on the progress of the implementation of the recovery plan as and when the Co-ordinator requires.
(3) The Co-ordinator must provide reports on the progress of the implementation of the recovery plan to the Minister as and when the Minister requires.
8K
Risk to electricity supply
8K Risk to electricity supply
If, in the Co-ordinator’s opinion, there is a reasonable probability that energy in storage and associated generation capacity will not be sufficient to meet forecast demand for electricity in the Tasmanian region of the National Electricity Market, the Co-ordinator must advise the Minister of that risk and may recommend an appropriate course of action.
(1) The Minister may give directions in writing to –
(a) the Assessor with respect to the performance of the Assessor’s functions; and
(b) the Co-ordinator with respect to the performance of the Co-ordinator’s functions.
(2) The directions may be given generally or in relation to a particular matter.
(3) The Assessor and the Co-ordinator must perform their functions in accordance with the directions.
8M
Assessor and Co-ordinator may require information
8M Assessor and Co-ordinator may require information
The Assessor or the Co-ordinator may request a person to provide such information as the Assessor or Co-ordinator requires, including information by way of periodical returns at specified times, if –
(a) the information is required to enable the Assessor or Co-ordinator to perform his or her functions; and
(b) the Assessor or Co-ordinator has reasonable grounds for believing that the person is able to provide the information.
8N
Obligation to preserve confidentiality
8N Obligation to preserve confidentiality
(1) The Assessor and the Co-ordinator must preserve the confidentiality of information that –
(a) could affect the competitive position of an electricity entity or other person; or
(b) is commercially sensitive for some other reason.
(2) Information that is provided to the Assessor or the Co-ordinator on a confidential basis is not liable to disclosure under the Right to Information Act 2009 .
(3) Subsection (1) does not apply to the disclosure of information between persons engaged in the administration of this Act.
Part 3
Obtaining of Information by Director
Part 3 Obtaining of Information by Director
9
Director may require information to be given
9 Director may require information to be given
(1) The Director may request a person to give prescribed information to the Director, including information by way of periodical returns at specified times, if –
(a) the information is required to enable the Director to perform his or her functions; and
(b) the Director has reasonable grounds for believing that the person is able to give the information.
(2) The request must –
(a) be made by written notice given to the person; and
(b) specify the time before which the information is to be given.
(3) The information must be given –
(a) in writing; and
(b) before the time specified in the request.
(4) In this section, prescribed information, in relation to a person, means information as to all or any of the following:
(a) the quantity, quality, service or supply of any energy held or required by the person in the State, or imported into the State by the person;
(b) facilities available to, or held by, the person for storing or distributing energy;
(c) any works, plant, equipment, apparatus or process that consumes energy and that is used by or available to the person.
9A
Director may compel information in certain circumstances
9A Director may compel information in certain circumstances
(1) If the Minister notifies the Director in writing that there is a serious risk in respect of the supply of energy to the State or within the State, the Director may require a person to provide the Director with information if –
(a) the information is required to enable –
(i) the Director to perform the Director’s functions under this Act; or
(ii) the Minister to plan and co-ordinate the provision of energy within the State; and
(b) the Director has reasonable grounds for believing that the person is able to provide the information.
(2) For the avoidance of doubt, a requirement given to a person under subsection (1) may require the person to provide information in respect of the production, supply, storage, distribution, transportation, sale, purchase, use or consumption of the energy to which the requirement relates.
(3) A requirement of the Director given to a person under subsection (1) –
(a) may be given orally or in writing; and
(b) if the requirement is given orally, is to be confirmed in writing as soon as practicable after the requirement is given; and
(c) is to specify –
(i) the time before which the requirement is to be complied with; and
(ii) how the information is to be provided to the Director; and
(iii) whether or not the information is required to be provided at regular intervals as specified in the requirement; and
(iv) that a failure to comply with the requirement is a breach of the Act.
10
Trade secrets
10 Trade secrets
(1) Where a request is made under section 9 a person may object to complying with it on the ground that it will result in the disclosure of a trade secret.
(2) An objection must be made in writing served on the Minister within 7 days after the request is received.
(3) The Minister may by notice in writing exempt the objector from the obligation to comply with the request either in whole or in part.
(4) For the purposes of this section, trade secret means any knowledge or information relating to technology, marketing, energy or energy resources or reserves, or as to the business of the person objecting, that might reasonably be expected to adversely affect the business or interests of that person if disclosed to any other person.
11
Obligation to comply with request or requirement
11 Obligation to comply with request or requirement
(1) Subject to section 10 , a person must not, without reasonable excuse, fail to comply with a request under section 9 .
Penalty: In the case of –
(a) a body corporate, a fine not exceeding 200 penalty units; and
(b) a natural person, a fine not exceeding 50 penalty units.
(2) A person must not give false or misleading information in response to a request under section 9 .
Penalty: In the case of –
(a) a body corporate, a fine not exceeding 200 penalty units; and
(b) a natural person, a fine not exceeding 50 penalty units.
(a) prescribe the membership, constitution and procedures of a committee; and
(b) discharge, alter or reconstitute a committee.
(3) The Minister is to appoint a chairperson of every committee established under this section.
(4) The Minister may determine that a member of a committee is to receive remuneration or an allowance, and if the Minister so determines, the Minister is to fix the remuneration or allowance.
(5) Subject to this section, a committee may determine its own procedure.
(6) The Minister may direct the Director to provide a committee with support services and any such direction is to define the support to be provided.
(2) The Minister is to cause a copy of the report to be laid on the table of each House of Parliament within 14 sitting days of the House after its receipt by the Minister.
13AA
Provision of certain information not to be regarded as restrictive trade practice
13AA Provision of certain information not to be regarded as restrictive trade practice
(a) a person who holds, under the Electricity Supply Industry Act 1995 , a licence authorising the generation, transmission or distribution of electricity; and
(b) a person who is a prospective licence holder; and
(c) the Director;
distribution network has the same meaning as in the National Electricity Rules;
excluded information means information in relation to the price, or cost, of goods or services required for the development of, or produced or to be produced by, a renewable energy project;
National Electricity Rules means the National Electricity Rules made under the National Electricity Law;
network service has the same meaning as in the National Electricity Rules;
prospective licence holder means a person who –
(a) wishes –
(i) to establish, or modify, a connection to a transmission network or a distribution network; or
(ii) to receive a network service; and
(b) makes a connection enquiry under 5.3.2 or 5.3A.5 of the National Electricity Rules for a connection or service in Tasmania;
relevant information means information, other than excluded information, relating to –
(a) a renewable energy project; or
(b) a connection, or proposed connection, of a renewable energy project to a distribution network or transmission network;
renewable energy means electricity generated –
(a) by utilising renewable energy sources; or
(b) by converting renewable energy sources into electricity;
renewable energy project means –
(a) a development consisting of; or
(b) a proposed development that is to consist of –
the installation of plant, equipment, lines, premises, or infrastructure, to enable the generation, transmission or distribution of renewable energy;
transmission network has the same meaning as in the National Electricity Rules.
(2) The provision by an authorised person, to another authorised person, of relevant information is, to the extent that the provision of the information may be used to draw an inference that there has been a contravention of Part IV of the Competition and Consumer Act 2010 of the Commonwealth, authorised for the purposes of section 51(1) of that Act.
13A
Immunity from liability
13A Immunity from liability
[Section 13A Inserted by No. 4 of 2019, s. 7, Applied:09 Apr 2019] The Director, when acting or purporting to act as Director or as Co-ordinator, or the Assessor or another person acting, or purporting to act, in good faith in the administration of this Act incurs no civil liability except –
(a) a liability for negligence; and
(b) a liability for which express provision is made by or under this Act.
14
Regulations
14 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Regulations under this section may –
(a) authorise any act, matter or thing in relation to which the regulations may be made to be from time to time determined, applied or regulated by the Director; and
(b) be made subject to such conditions or be made so as to apply differently according to such factors as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified; and
(c) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and
(d) in respect of such an offence, provide for the imposition of a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
(a) the administration of this Act is assigned to the Minister for Energy; and
(b) the department, within the meaning of that Act, responsible to the Minister for Energy in relation to the administration of this Act is the Office of Energy Planning and Conservation.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Energy Co-ordination and Planning Act 1995 .
2 Commencement
2 Commencement
This Act commences on a day to be fixed by proclamation.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
[Section 3 Amended by No. 4 of 2019, s. 4, Applied:09 Apr 2019]Assessor means the Monitor and Assessor for Energy Security appointed under section 8A ;
[Section 3 Amended by No. 4 of 2019, s. 4, Applied:09 Apr 2019]Co-ordinator means the Energy Security Co-ordinator appointed under section 8D ;
Director means the Director of Energy Planning referred to in section 4 ;
electricity includes electrical energy of any kind however produced, stored, transported or consumed;
energy includes electricity, gas and thermal energy however derived as well as any other recognised energy resource;
[Section 3 Amended by No. 4 of 2019, s. 4, Applied:09 Apr 2019][Section 3 Amended by No. 17 of 1996, Applied:09 Apr 2019]energy in storage has the same meaning as in Schedule 1 to theElectricity Supply Industry Regulations 2018 ;
gas means any gas or mixture of gases, whether naturally occurring or manufactured, intended for use –
(a) as a fuel; or
(b) [Section 3 Amended by No. 4 of 2019, s. 4, Applied:09 Apr 2019] in any chemical process;
Specifies objection and confidentiality rules: objects to s 9 requests may be made on trade‑secret grounds to the Minister within seven days (s 10), but that objection does not apply to requirements made under s 9A (s 10(3A)). The Assessor and Co‑ordinator must preserve commercially sensitive information and such information provided on a confidential basis is excluded from Right to Information release (s 8N).
Imposes penal fines for failure to comply with information requests or for providing false or misleading information, with escalated penalties where the requirement is given under s 9A (s 11).
Inserts a new renewable energy regime in Part 1A: the Minister may declare renewable energy sources by order (s 3B), and the Act sets two statewide renewable energy generation targets measured as a calendar‑year quantum of NEM‑connected generation: 15,750 GWh in at least one calendar year ending on or before 31 December 2030; 21,000 GWh in at least one calendar year ending on or before 31 December 2040 (s 3C).
Permits authorised persons (generators, prospective licence holders and the Director) to share relevant information about renewable energy projects without that sharing being treated as unlawful conduct under s 51(1) of the Commonwealth Competition and Consumer Act, subject to exclusions for price/cost information (s 13AA).
Provides for committees, reporting obligations (monthly Assessor reports, annual Director reports), immunity for public actors acting in good faith (with exceptions) and regulation‑making power (ss 12-15, 8C, 13, 13A, 14).
The Act therefore combines (a) planning and advisory functions located in the Director, (b) risk monitoring and reporting located with the Regulator as Assessor, (c) emergency co‑ordination and review located with the Director as Co‑ordinator, and (d) legal triggers for information compulsion, recovery plans and ministerial discretion. The HRL/PSL settings and the Minister’s power to declare renewable energy sources and set targets are the policy levers that convert stored‑energy metrics into statutory obligations (ss 3A, 3B, 3C). Information powers and confidentiality provisions (ss 9, 9A, 8N, 10, 11) are the implementation levers for enforcement of those obligations.
Main concepts
The Act deploys a small vocabulary of recurring, operational concepts that determine when duties arise and which public actor acts. Key concepts are:
Director of Energy Planning (Director): a State Service officer appointed by the Minister (s 4). The Director’s functions include planning and co‑ordinating energy provision, advising on energy policy (including renewable energy and competition), monitoring industry participants, and coordinating research and demonstration (s 5). The Director may delegate functions except the power of delegation (s 7) and must follow Ministerial directions (s 8).
Assessor (Monitor and Assessor for Energy Security): the Tasmanian Economic Regulator performs this role (s 8A). Core functions include monthly monitoring and reporting of energy in storage and other sources, monthly evaluations of whether storage and capacity meet forecast NEM demand for Tasmania, requiring recovery plans from Hydro where appropriate, and notifying the Co‑ordinator when storage is likely to fall below HRL (s 8B). The Assessor must publish a monthly report (s 8C(1)) and produce an annual performance report (s 8C(2)-(4)). The Assessor consults Hydro when advising the Minister on changes to PSL/HRL (s 8C(6)).
Co‑ordinator (Energy Security Co‑ordinator): the Director is designated as Co‑ordinator (s 8D). The Co‑ordinator recommends action to the Minister to ensure energy needs can be met, manages electricity supply risks at or below HRL, reviews recovery plans provided by Hydro and may request information relevant to reviewing an HRL recovery plan (s 8E, s 8I(3)). If the Co‑ordinator believes supply will be insufficient, the Co‑ordinator must advise the Minister and may recommend action (s 8K). The Co‑ordinator oversees implementation of any approved recovery plan and reports progress to the Minister (s 8J).
HRL and PSL (High Reliability Level; Prudent Storage Level): monthly storage levels specified by Ministerial order (s 3A). The HRL and PSL are regulatory thresholds that trigger the Assessor’s and Co‑ordinator’s duties: if storage is below PSL and likely to fall below HRL, the Assessor may require a PSL recovery plan (s 8F); if it is probable storage will fall below HRL the Assessor must require an HRL recovery plan (s 8G).
Hydro: the Hydro‑Electric Corporation continued under the Hydro‑Electric Corporation Act 1995 is a named entity (s 3 definition of Hydro) and the specific entity required to submit recovery plans when directed by the Assessor (ss 8F-8G, 8H).
Recovery plans: two statutory categories , PSL recovery plans and HRL recovery plans (s 3 definitions). Recovery plans must include strategies to reduce consumption of stored energy and strategies to increase supply other than stored energy (s 8H). The Assessor provides copies to the Co‑ordinator, who reviews and, if satisfied, approves them (s 8I). The Co‑ordinator oversees implementation and may require progress reports (s 8J).
Information powers and confidentiality: the Director may request prescribed information from persons able to provide it (s 9). Under serious supply risk notification from the Minister, the Director may compel information under s 9A; such requirements may be oral but must be confirmed in writing and specify timing and form (s 9A(3)). Trade‑secret objections to s 9 requests must be served on the Minister within seven days and the Minister may exempt whole or part (s 10). The Assessor and Co‑ordinator must preserve confidentiality of commercially sensitive information and such information provided on a confidential basis is excluded from Right to Information release (s 8N).
Renewable energy regime: the Minister can declare an energy source to be a renewable energy source for Act purposes (s 3B) and the Act sets two numeric state targets for renewable electricity generated by NEM‑connected equipment (s 3C). The Act also authorises, for competition law purposes, sharing certain relevant information between authorised persons about renewable projects (s 13AA), subject to an exclusion for price/cost information.
These concepts are interlinked: Ministerial discretion sets HRL/PSL and renewable declarations (ss 3A, 3B); the Assessor and Co‑ordinator operate against those levels (Part 2A Division 1-3); Hydro is the operational supplier required to supply recovery plans (ss 8F-8G); and information powers and confidentiality rules (ss 9, 9A, 8N, 10, 11) enable and constrain information flows needed to implement recovery plans and assess security.
Who it affects
The Act identifies a focused list of affected parties and a broader set of indirectly affected stakeholders:
Directly named and targeted entities
Hydro (the Hydro‑Electric Corporation): singled out as the entity that must submit PSL and HRL recovery plans if required by the Assessor (ss 8F-8G, 8H). Hydro will bear the operational and reporting burden when storage levels approach thresholds.
The Regulator (Tasmanian Economic Regulator): appointed as the Assessor (s 8A). The Regulator will assume monthly monitoring, publication and compulsion responsibilities under Part 2A Division 1 (ss 8B-8C), and will be operationally exposed to confidentiality obligations (s 8N).
The Director of Energy Planning: appointed by the Minister (s 4), and also designated as the Energy Security Co‑ordinator (s 8D). The Director will exercise co‑ordination, review, information‑request and reporting functions (ss 5, 8E, 8I-8J, 9, 9A).
“Authorised persons” under s 13AA: persons holding licences under the Electricity Supply Industry Act 1995 authorising generation, transmission or distribution; prospective licence holders making connection enquiries under the National Electricity Rules; and the Director (s 13AA(1)). These persons may share relevant information about renewable energy projects under the narrow immunity created by s 13AA.
Entities and persons who may be required to provide information
Any person that the Director, Assessor or Co‑ordinator reasonably believes can provide information required to discharge their functions may be requested to provide prescribed information (s 9) or, in a declared serious risk, compelled under s 9A. Section 9 defines “prescribed information” broadly to include quantities of energy held or required, facilities for storage/distribution, and any works or processes that consume energy (s 9(4)).
Electricity entities and market participants: the Act frequently references the National Electricity Market, NEM‑connected equipment and the Tasmanian region of the NEM (s 3C(1) and s 8B(1)(b)), bringing generators, network operators and market participants into the information and reporting footprint when assessing forecast demand and supply adequacy.
Prospective licence holders and developers of renewable energy projects: those conducting connection enquiries or proposing connections are defined in s 13AA as prospective licence holders and are affected by information‑sharing protections and restrictions.
Indirectly affected groups
Owners and operators of energy storage, non‑Hydro generation, and other energy supply facilities: could be asked to provide information to the Director, Assessor or Co‑ordinator (ss 9, 8M), and could appear in or be affected by recovery plan measures seeking increased supply or demand reductions (ss 8H-8J).
Market participants nationally: the Act’s renewable energy targets apply to NEM‑connected equipment in Tasmania (s 3C). Those targets potentially influence investment, dispatch and export decisions for NEM participants with Tasmanian connections.
Customers and consumers: actions taken under recovery plans to reduce consumption or alter supply arrangements will have practical effects on consumers, although the Act does not prescribe consumer compensation or explicit consumer rights in those scenarios; instead, it places coordination and reporting responsibilities on public officials (ss 8J, 8K).
Persons with commercially sensitive information: protected by confidentiality obligations imposed on the Assessor and Co‑ordinator (s 8N) and by a trade‑secret objection right vis‑à‑vis s 9 requests (s 10), but with limits: s 10(3A) excludes trade‑secret objections from applying to s 9A requirements.
Who decides and who pays
The Minister sets HRL and PSL by order (s 3A) and may declare renewable energy sources (s 3B) and give written directions to the Director, Assessor and Co‑ordinator (ss 8, 8L). The Minister decides on exemptions to trade‑secret objections (s 10(3)) and receives reports and advice from the Assessor and Co‑ordinator (ss 8C, 8J, 8K).
The Assessor and Co‑ordinator make technical judgments and trigger duties: the Assessor evaluates storage relative to PSL/HRL and may require recovery plans (ss 8B, 8F-8G); the Co‑ordinator reviews and approves recovery plans, oversees implementation and advises the Minister when supply risks are identified (ss 8E, 8I-8J, 8K).
Financial and compliance costs fall primarily on Hydro when recovery plans are required; on entities asked to provide information (costs of compiling and reporting); and on the Regulator/Director (staffing and operational costs to publish monthly reports, review plans, and oversee implementation). The Act authorises expenditure and appointment of staff via State Service instruments (s 6).
Geographic scope
The Act’s operational geography is Tasmania, but it explicitly aligns with the National Electricity Market concept and NEM‑connected equipment when setting renewable targets (s 3C). Information and forecasts are specifically directed at the Tasmanian region of the NEM (s 8B(1)(b)).
Key duties and rights
This section summarises the principal statutory obligations placed on public actors and private parties, and the rights (including defences and protections) available to those parties.
Key duties of public officials
Director: perform functions to assist the Minister in planning and co‑ordinating energy provision, advise on policy and competition, monitor the industry, coordinate planning of the electrical system, and publish an annual report to the Minister on the Director’s performance and progress towards renewable targets (ss 5, 13). The Director must perform functions in accordance with Ministerial directions (s 8(3)). The Director is the designated Co‑ordinator (s 8D) and, when acting in good faith in the administration of the Act, is immune from civil liability except for negligence or liabilities expressly provided in the Act (s 13A).
Assessor (Regulator): monitor and provide monthly reports on energy in storage, evaluate monthly whether storage will meet forecast NEM demand for Tasmania, require PSL and HRL recovery plans from Hydro, notify the Co‑ordinator of likely breaches of HRL, and advise the Minister on changes to PSL/HRL (ss 8B-8C). The Assessor must publish monthly reports online (s 8C(1)), supply annual reports to the Minister (s 8C(2)-(4)), and preserve confidentiality of commercially sensitive information (s 8N).
Co‑ordinator (Director): review and, if satisfied, approve HRL recovery plans, oversee and coordinate implementation of approved plans, require progress reports from Hydro, manage electricity supply risks at or below HRL, and advise the Minister where supply is likely insufficient (ss 8E, 8I-8J, 8K). The Co‑ordinator must follow Ministerial directions (s 8L).
Key duties imposed on private entities
Hydro: upon request by the Assessor, Hydro must submit PSL or HRL recovery plans within a specified period (ss 8F(2), 8G(2)). Recovery plans must contain details of strategies to reduce stored energy consumption and strategies to increase supply other than stored energy (s 8H). If the Co‑ordinator requires progress reports on implementation, Hydro must provide them as required (s 8J(2)).
Persons asked for information: under s 9 the Director may request prescribed information required to enable the Director to perform functions, and must be complied with in writing within the specified time unless a trade‑secret objection is validly made (s 9(1)-(3); s 10). Under s 9A, where the Minister has notified a serious supply risk, the Director may require information (including production, supply, storage, sale, purchase, use or consumption) and such requirements are mandatory; they may be oral but must be confirmed in writing and specify timing and form (s 9A(1)-(3)). The Assessor and Co‑ordinator also have power to request information where relevant to their functions (s 8M).
Authorised persons sharing information: s 13AA entitles authorised persons to share “relevant information” about renewable projects with other authorised persons, to the extent that such provision might otherwise attract a Commonwealth competition law inference under s 51(1) of the Competition and Consumer Act 2010; excluded information (price/cost) is not protected.
Rights, exemptions and protections
Trade‑secret objection: a person served with a s 9 request may object in writing on trade‑secret grounds to the Minister within seven days; the Minister may exempt whole or part of the objector from compliance (s 10(1)-(3)). However, the Act clarifies that an objection cannot be made in relation to a s 9A requirement (s 10(3A)).
Confidentiality and RTI protection: the Assessor and Co‑ordinator must preserve confidentiality of information that could affect competitive positions or is commercially sensitive (s 8N(1)); information provided on a confidential basis is excluded from Right to Information disclosure (s 8N(2)). Subsection (3) limits confidentiality duties where disclosure is between persons engaged in administration of the Act.
Liability protection for officials: the Director, Assessor and those acting in good faith in administering the Act are immune from civil liability except for negligence or liabilities expressly provided for in the Act (s 13A).
Statutory oversight and direction
Ministerial directions: the Minister may direct the Director generally or on particular matters (s 8); may give written directions to the Assessor and Co‑ordinator (s 8L). These directions are binding on recipients (s 8(3), s 8L(3)). The Minister also determines HRL/PSL by order (s 3A) and may declare renewable energy sources (s 3B).
Regulatory and enforcement instruments
Regulations: the Governor may make regulations, including authorising the Director to determine matters from time to time, and creating offences with fines up to 100 penalty units and continuing fines of up to 10 penalty units per day (s 14).
Penalties for non‑compliance with information obligations and for giving false or misleading information are set out in s 11 (details in the Penalties section).
These duties and rights create a system where ministerial rule‑making and threshold settings (HRL/PSL, renewable declarations) interact with monitoring by the Regulator, co‑ordination by the Director, and compulsion on Hydro and other entities to provide plans and information. The statutory protections for confidentiality and trade‑secret objections are significant operationally but have express limits in high‑risk situations (ss 8N, 10, 9A).
Penalties and enforcement
The Act focuses enforcement primarily on information compliance and creates a mix of administrative, reporting and penal consequences.
Penalties for information non‑compliance and false or misleading information (s 11)
For requests under s 9 (ordinary Director requests):
Failure to comply without reasonable excuse:
Body corporate: up to 200 penalty units.
Natural person: up to 50 penalty units.
Giving false or misleading information:
Body corporate: up to 200 penalty units.
Natural person: up to 50 penalty units.
These apply “subject to section 10” (trade‑secret objection mechanism) (s 11(1)-(2)).
For requirements under s 9A (Director requirements when Minister has notified a serious supply risk):
Failure to comply with a s 9A requirement:
Body corporate: up to 1,000 penalty units.
Natural person: up to 100 penalty units. (s 11(3))
Giving false or misleading information in response to a s 9A requirement:
Body corporate: up to 1,000 penalty units.
Natural person: up to 100 penalty units. (s 11(4))
These escalating fines signal that the legislature prioritises information provision when a serious risk to supply has been identified, by exposing non‑compliance to substantially higher penalties.
Other enforcement mechanisms and powers
Compulsion through requirements: the Director’s s 9A power permits oral requirements, confirmed in writing, with specification of time and form for compliance and notification that failure is a breach of the Act (s 9A(3)). The Assessor and Co‑ordinator can request information where they have reasonable grounds to believe the person can provide it (s 8M). Those compulsion tools are administrative but have penal consequences for non‑compliance (s 11).
Recovery plan enforcement: the Act requires Hydro to submit recovery plans when requested by the Assessor (ss 8F-8G). The Act does not specify a direct monetary penalty for failing to submit a recovery plan, but non‑compliance could engage the information‑request penalties if the requirement is framed in terms of information under s 9 or s 9A; the Assessor’s power to require recovery plans is a statutory power (ss 8F-8G) and the Co‑ordinator’s powers include requiring progress reports (s 8J(2)). The Act also gives the Co‑ordinator power to oversee and coordinate implementation (s 8J(1)), but it does not prescribe criminal penalties specifically tied to non‑implementation of a recovery plan.
Regulatory offences: the Governor may make regulations that create offences and penalise up to 100 penalty units and continuing daily fines up to 10 penalty units for ongoing offences (s 14(2)(c)-(d)). This allows the executive to create more granular regulatory sanctions within the Act’s framework.
Protections and constraints on enforcement
Trade‑secret objection: a person may object to a s 9 request on trade‑secret grounds and the Minister may exempt compliance in whole or part (s 10(1)-(3)). Importantly, s 10(3A) clarifies that an objection under s 10 cannot be made in relation to s 9A requirements. Therefore, in serious supply risk scenarios the Director’s compulsion power under s 9A is unconstrained by trade‑secret claims.
Confidentiality and RTI: s 8N requires the Assessor and Co‑ordinator to preserve confidentiality and states that information provided on a confidential basis is not liable for disclosure under the Right to Information Act 2009 (s 8N(2)). That creates a procedural protection for commercially sensitive material held by these public officers, which can mitigate competitive harm and thus encourage cooperation with information requests.
Administrative oversight and ministerial directions
Ministerial directions are an instrument of governance and enforcement: the Minister may give directions to the Director, Assessor and Co‑ordinator (ss 8, 8L). Those directions are binding on the recipients (s 8(3), s 8L(3)). This centralises strategic enforcement decisions at the Ministerial level.
Immunity in execution of duties
The Act grants immunity from civil liability for the Director, Assessor and others acting in good faith in the Act’s administration, except for negligence and liabilities expressly provided under the Act (s 13A). That reduces litigation risk for officials undertaking enforcement activities, though negligence remains actionable.
Practical enforcement implications
The statutory design prioritises information flows and recovery planning rather than directly enabling operational seizures or compulsory requisition of assets. The main hard sanctions are financial penalties for non‑compliance with information requirements and for false or misleading statements, with heavier sanctions in declared serious risk periods (s 11). Regulatory offences can be added by regulation (s 14). The Co‑ordinator’s powers focus on review, approval and oversight of recovery plans and on advising the Minister where risks are present (ss 8I-8K).
How it interacts with other laws
The Act deliberately interfaces with several legislative instruments and regimes; its text cross‑references and imports concepts from external law.
Explicit statutory cross‑references
National Electricity Law and National Electricity Rules: the Act defines “National Electricity Law” as the Law in the Schedule to the National Electricity (South Australia) Act 1996 (s 3) and repeatedly references NEM concepts in the renewable energy provisions. Section 3C(1) defines NEM and NEM‑connected equipment, and s 3C(2) sets renewable energy targets in terms of electricity generated by NEM‑connected equipment in Tasmania. Section 13AA imports terms such as “distribution network”, “transmission network” and “network service” as defined in the National Electricity Rules.
Electricity Supply Industry Act 1995: the Act references that statute for the definition of “National Electricity Market” (s 3) and for the licensing regime used in s 13AA(1)(a) to define authorised persons (persons holding licences under the Electricity Supply Industry Act 1995).
Hydro‑Electric Corporation Act 1995: the Act defines “Hydro” as the Hydro‑Electric Corporation continued under that Act (s 3). Hydro is the addressee of recovery plan obligations in Part 2A Division 3.
Economic Regulator Act 2009: the Tasmanian Economic Regulator appointed under that Act is the Assessor for Energy Security (s 3 definition of Regulator and s 8A).
Right to Information Act 2009: confidentiality protections in s 8N(2) exclude confidential information provided to the Assessor or Co‑ordinator from disclosure under the RTI Act.
Acts Interpretation Act 1931: s 3B(2) makes the procedural provisions of the Acts Interpretation Act (s 47(3), (3A), (4)-(7)) apply to Ministerial orders under s 3B in the same way as if they were regulations, which governs publication and tabling requirements for such orders.
Competition and Consumer Act 2010 (Commonwealth): s 13AA(2) explicitly authorises the provision of relevant information by an authorised person to another authorised person to the extent that such provision may be used to draw an inference of contravention of Part IV (s 51(1)) of the Competition and Consumer Act. That is a targeted carve‑out intended to facilitate project‑related information sharing among specific market participants while excluding price/cost information.
Administrative arrangements
Administrative Arrangements Act 1990: until otherwise provided by order under that Act, administration of this Act is assigned to the Minister for Energy and to the Office of Energy Planning and Conservation (s 15). This defines the executive accountability and departmental home for the Act’s operation.
Regulatory hierarchy and interaction
The Act delegates detailed rule‑making to the Governor (s 14), enabling regulations that can, among other things, authorise the Director to make subordinate determinations and create regulatory offences and fines (s 14(2)(a), (c)-(d)). This allows the executive to align operational detail with broader Commonwealth and State regimes such as the National Electricity Rules.
Practical friction points and overlaps
Right to Information vs confidentiality: s 8N(2) creates an RTI exclusion for confidential information provided to the Assessor or Co‑ordinator. This interacts with the RTI Act’s own exemptions and may reduce the public availability of material the public would otherwise access under the RTI regime when it is supplied to these offices on a confidential basis.
Trade‑secret objections vs serious‑risk compulsion: s 10 allows trade‑secret objections to s 9 requests, but s 10(3A) explicitly disallows such objections against s 9A requirements. Therefore, when the Minister formally notifies a serious supply risk, the Director’s compulsory powers under s 9A can override trade‑secret protections contained in s 10.
Competition law safe harbour for project information: s 13AA provides a narrow authorisation for the provision of relevant (non‑excluded) information between authorised persons, recognising that certain forms of project information could be construed as anti‑competitive. The carve‑out does not extend to price/cost information, which remains subject to competition law constraints.
National market frameworks: renewable energy targets are expressed in terms of NEM‑connected generation (s 3C). This ties Tasmania’s targets to a multi‑jurisdictional market and to National Electricity Rules definitions , an alignment that may create interface issues in measurement, data reporting and verification.
Statutory precedence and direction
Ministerial directions are binding on the Director, Assessor and Co‑ordinator (ss 8, 8L). That places strategic control with the Minister and can shape the way statutory duties under the Act interact with other statutory obligations held by the Regulator or Hydro under separate Commonwealth or State instruments.
Overall, the Act is designed to sit alongside and interact with existing national electricity law and market rules, State licensing frameworks and transparency regimes. Its provisions frequently defer to external definitions and procedural rules (National Electricity Rules, Acts Interpretation Act), and create carve‑outs where confidentiality or competition law concerns would otherwise arise (ss 8N, 13AA). Practitioners should read the Act in conjunction with those statutory instruments to determine precise operational duties and compliance risks.
Amendment history
The text includes internal amendment notes identifying the legislative instruments and years that altered the Act. The amendments recorded in the Act itself indicate incremental modifications to add roles, powers and renewable energy policy. Based on the in‑text amendment annotations, the principal changes and their effect are:
No. 17 of 1996 (applied 09 Apr 2019 as per note): Amendments referenced in s 3 related to definitions such as “energy in storage” and “headwater storage” , those terms now adopt meanings from Schedule 1 to the Electricity Supply Industry Regulations 2018 (s 3 note). The in‑text note indicates the Act’s definitions were amended historically and now align to the 2018 Regulations.
No. 86 of 2000 (applied 01 May 2001): Amendments to s 4 and s 6 enabling the Director to be a State Service officer and prescribing staff appointment and availability arrangements (s 4 note; s 6(1)-(3) amendments). These amendments modernise appointment and staffing provisions in line with the State Service Act 2000.
No. 42 of 2003 (applied 04 Jul 2003): Amended s 13(1) and wording of the annual report provisions; presently the Director must prepare an annual report by 31 October covering the Director’s performance and progress towards meeting renewable energy targets (s 13 note). The note records the amendment but the inserted text now combines performance reporting with renewable target progress.
No. 4 of 2019 (applied 09 Apr 2019): Substantial insertions and amendments including:
Insertion and expansion of definitions (s 3 as amended by No.4/2019 s4), adding HRL, PSL, recovery plan terminology, Assessor and Co‑ordinator definitions, and changes referencing the Electricity Supply Industry Regulations 2018.
Creation of Part 2A (ss 8A-8N): establishing the Monitor and Assessor and the Energy Security Co‑ordinator roles, functions, powers, reporting obligations, recovery plans regime and confidentiality (s 8 series). This appears to be a major structural reform to provide formal monitoring and recovery plan regimes.
Insertion of s 13A immunity from liability (s 13A inserted by No.4/2019 s7).
No. 41 of 2020 (applied 27 Nov 2020): Inserted Part 1A Renewable Energy (ss 3B-3C) and amended s 3 to add definitions (Regulator, renewable energy source, HRL/PSL references). Effects:
s 3B: empowers the Minister to declare renewable energy sources by order and prescribes that Acts Interpretation Act notification rules apply to such an order.
s 3C: establishes two renewable energy targets quantified in GWh for calendar years ending on or before 2030 and 2040 (15,750 GWh and 21,000 GWh respectively).
s 13AA: inserted to create a limited competition law immunity for authorised persons sharing certain project information.
No. 1 of 2026 (applied 02 Apr 2026): Recent insertions expanding information powers and penalties:
s 9A: new compulsory information power for the Director when the Minister notifies a serious supply risk; includes specification that requirements may be oral but must be confirmed in writing and that such requirements can cover production, supply, storage, distribution, sale, purchase, use or consumption (s 9A(1)-(3)).
s 10(3A): clarification that trade‑secret objections cannot be raised against s 9A requirements.
s 11(3)-(4): higher penalties for failure to comply with s 9A requirements and for giving false or misleading information in response to s 9A requirements (1,000 penalty units for bodies corporate; 100 penalty units for natural persons).
These amendment notes record a progression from a basic Director/office structure (pre‑2019) to a more interventionist monitoring and emergency planning structure (2019), a renewable energy policy overlay and competition‑law carve‑outs (2020), and finally strengthened compulsory information powers and penalties for serious supply risks (2026). The Act as printed therefore reflects cumulative legislative layering where ministerial discretion (HRL/PSL, renewable energy declarations) is coupled with regulator‑led monitoring, directorate co‑ordination, and compulsion backed by penalties.
Do note that the in‑text amendment notes give applied dates for each legislative change and identify the amending instrument; these notes should be used to trace the chronology and scope of amendments when preparing compliance or legal advice. The Act’s amendments largely focus on 2019, 2020 and 2026 insertions that materially change powers and enforcement.
Litigation history
The Act itself contains no judicial decisions, case references or recorded litigation history within its text. It names no cases and does not include any statutory references to judicial determinations. Practically:
There are no cases cited in the Act text to interpret its provisions.
The Act creates new administrative functions and enforcement tools (notably s 9A and the strengthened penalties in s 11(3)-(4)), but the Act does not identify litigation pathways or specify dispute resolution beyond the usual civil remedies and Ministerial oversight.
Immunity for officials (s 13A) preserves a shield against civil liability except for negligence or express statutory liability; how courts will apply that immunity to particular fact patterns must be gleaned from general tort and administrative law principles, as no cases are cited.
For practitioners seeking litigation history relevant to the Act, the source text does not provide case law. Any advice or litigation strategy will therefore require external research into judicial treatment of analogous provisions,such as the treatment of information compulsion powers, confidentiality exclusions from RTI, or public‑official immunity,in other contexts, but such case law is not contained in the Act itself.
Gotchas
This Act contains several provisions that can create operational or compliance traps if not recognised. The following points are concrete mechanics flagged by the statutory text.
Trade‑secret protection does not apply in high‑risk scenarios (s 10(3A) and s 9A)
A person can object to an ordinary s 9 request on trade‑secret grounds within seven days (s 10(1)-(2)), and the Minister can exempt compliance (s 10(3)). However, s 10(3A) expressly states that an objection may not be made in respect of a s 9A requirement. Thus, once the Minister notifies a serious supply risk, the Director’s compulsory information power is unconstrained by the trade‑secret objection mechanism. Entities should be prepared to disclose commercially sensitive information under s 9A and cannot rely on the s 10 procedure in that circumstance.
Oral requirements under s 9A may be given, but must be confirmed
The Director may give a s 9A requirement orally (s 9A(3)(a)), but the requirement must be confirmed in writing “as soon as practicable” (s 9A(3)(b)). Compliance systems should therefore be able to capture and evidence both oral instruction and the subsequent written confirmation to avoid disputes about timing and scope.
Much higher penalties in serious‑risk periods (s 11(3)-(4))
Penalties for failing to comply with s 9A requirements or providing false or misleading information in response are significantly higher (1,000 penalty units for corporations, 100 for individuals) than for ordinary s 9 requests (200/50 penalty units) (s 11). Entities need robust processes to ensure timely, accurate responses once a s 9A notice is issued.
HRL and PSL are ministerial policy levers, set monthly (s 3A)
The Minister may specify HRL and PSL for each month (s 3A), so thresholds that trigger statutory obligations can change over time. Entities cannot rely on a static threshold; they must track Ministerial orders as to HRL/PSL and prepare for dynamic operational impacts.
Renewable energy targets are framed as “in at least one calendar year”
s 3C(2) declares that, in at least one calendar year ending on or before specified dates, the stated GWh amounts must be generated by NEM‑connected equipment utilising renewable sources. The statutory language allows flexibility in timing and measurement (a requirement for at least one calendar year), but also raises implementation questions about verification, the role of exported or imported flows, and the measurement of “generated in that calendar year by NEM‑connected equipment.” Practitioners should be precise in defining measurement boundaries with reference to the NEM rules.
Confidentiality exclusions from Right to Information (s 8N(2))
Information provided to the Assessor or Co‑ordinator on a confidential basis is excluded from RTI disclosure (s 8N(2)). Nevertheless, s 8N(1) still requires these officials to “preserve the confidentiality” of information that could affect competitive positions. Practically, entities should still negotiate and document confidentiality when providing commercially sensitive information and should be aware that disclosures between administrators are permitted (s 8N(3)).
Limited content required in recovery plans , operational scope
Recovery plans must include strategies to reduce consumption of stored energy and details of strategies Hydro is aware of to increase supply other than stored energy (s 8H). The Act does not prescribe specific mitigations, compensation mechanisms, or timeframes beyond “within a specified period” for submission (ss 8F-8G). This leaves substantial discretion to the Assessor and Co‑ordinator in review, amendment and approval processes (ss 8I-8J). Hydro should therefore plan to present feasible, documentable options and be prepared for iterative review.
Ministerial directions bind public officers (ss 8, 8L)
Ministerial direction powers are broad and binding, potentially changing operational priorities and the exercise of statutory functions. Public officers and regulated entities should record when Ministerial directions have influenced actions, particularly where those directions affect the scope of information requests or the content of recovery plans.
Competition‑law carve‑out is narrow (s 13AA)
s 13AA authorises sharing of “relevant information” by authorised persons to the extent it may be used to draw an inference of contravention of s 51(1) of the Competition and Consumer Act 2010, but excludes “excluded information” concerning price or cost. Entities should carefully segment information when sharing to ensure the shared material remains within the protected category.
Immunity for officials excludes negligence (s 13A)
The Act immunises the Director, Assessor and other persons acting in good faith from civil liability, but expressly preserves liability for negligence (s 13A). Parties interacting with officials , and officials themselves , should be mindful that negligent performance of statutory functions remains a legal risk.
These “gotchas” are mechanical outcomes from the wording of the Act and identify areas where operational systems, contractual protections, and disclosure strategies should be calibrated in advance of an Assessor notification or a Ministerial order.
How to comply
The Act creates a predictable menu of compliance tasks for public bodies, Hydro (and other energy businesses), market participants, and persons likely to receive information requests. Recommended compliance‑oriented actions, mapped to the statute, are set out below.
For Hydro (the primary operationally impacted entity)
Establish a recovery‑plan playbook aligned to s 8H:
Pre‑prepare templates that document strategies to reduce consumption of energy in storage (demand‑reduction measures, prioritisation of supply to critical customers, forced generation curtailment protocols) and strategies to increase supply other than energy in storage (contractual imports, fast‑start non‑storage generation, third‑party supply arrangements).
Clearly document the estimated effect, timing and constraints of each measure to facilitate Co‑ordinator review under s 8I.
Maintain a contact and escalation list to receive Assessor requests and ensure timely submission within any specified period (ss 8F-8G).
Recordkeeping and audit trails:
Maintain contemporaneous records demonstrating the basis for any projections, operational limits and executed measures, so the Co‑ordinator can verify effective implementation when overseeing recovery plan execution and progress reporting (s 8J).
Engage proactively with the Assessor and Co‑ordinator:
s 8C(6) requires the Assessor to consult with Hydro when preparing advice on HRL/PSL; early engagement can shape practical threshold settings and ensure the Assessor understands operational constraints.
For persons likely to receive s 9 or s 9A requests (generators, network operators, retailers, large consumers)
Information governance and rapid response:
Implement systems to compile prescribed information as defined in s 9(4): quantities and quality of energy held or required; storage and distribution facilities; and energy‑consuming works/processes. This includes templates for periodical returns and for ad hoc requests.
For s 9A provisions, implement emergency response protocols: s 9A allows oral requirements to be given and requires written confirmation “as soon as practicable” (s 9A(3)(a)-(b)). Your procedures must capture oral requests, ensure written confirmation is logged, and provide a single point of contact for compliance.
Trade‑secret objection process:
For ordinary s 9 requests, have a process to determine whether a trade‑secret objection should be asserted and to prepare a written objection served on the Minister within seven days (s 10(2)). Ensure legal counsel reviews the scope of the requested material before lodging an objection.
Do not assume trade‑secret protection applies to s 9A requirements , it does not (s 10(3A)).
Accuracy and verification:
Given the high penalties for false or misleading information (and the even larger penalties under s 9A), implement legal and operational review signoffs to ensure accuracy before submission. Maintain documentary evidence supporting any estimates or forecasts.
For authorised persons sharing renewable project information (s 13AA)
Segregate information sets:
If sharing “relevant information” among authorised persons, exclude price/cost information (the Act’s “excluded information”) to preserve the s 13AA protection.
Record the purpose, recipient and content of shared information, referencing s 13AA as the legal basis for the exchange, and ensure that the recipient is an “authorised person” as defined in s 13AA(1).
For the Director, Assessor and Co‑ordinator (public office compliance)
Document Ministerial directions and delegation:
Record and publish (internally and in governance files) any Ministerial directions given under ss 8 and 8L and ensure staff carrying out delegated functions have proper instrumented delegations per s 7.
Public reporting discipline:
The Assessor must publish monthly reports on energy in storage, the PSL and HRL (s 8C(1)). Create a reliable monthly data‑collection and publication workflow. The Director must prepare an annual report by 31 October and include progress toward renewable targets (s 13(1)).
Confidentiality and RTI handling:
Implement protocols to receive confidential material, mark it appropriately, and preserve it in a secure environment consistent with s 8N. Document decisions to treat supplied information as confidential and ensure RTI officers are aware of s 8N(2) protection.
Regulatory and governance checklist
Monitor Ministerial orders and regulations:
Track orders under s 3A (monthly HRL/PSL) and s 3B (renewable energy source declarations). These orders can change thresholds and definitional coverage. Track any regulations made under s 14 that may create new offences or delegate functions to the Director.
Update contracts and licences:
Review supply contracts, network access agreements and licences to ensure they accommodate recovery plan requirements, potential supply prioritisation, or emergency reporting obligations. For prospective licence holders, ensure connection enquiries under the National Electricity Rules are coordinated with the information-sharing protections of s 13AA.
Training and simulation:
Conduct exercises simulating an Assessor notification and a s 9A requirement to test internal processes for rapid information collation, trade‑secret assessment, legal sign‑off, and data accuracy checks. These exercises reduce the risk of non‑compliance and false‑statement penalties.
Legal contingency planning:
Prepare legal strategy playbooks for dealing with Ministerial directions, for engaging with the Assessor and Co‑ordinator during recovery plan review (s 8I), and for handling possible future regulatory offences that may be promulgated under s 14.
Measurement and verification for renewable targets
Establish data collection aligned with NEM rules:
Since s 3C measures renewable targets by electricity generated by NEM‑connected equipment, entities should ensure their generation records, meter data and settlements data are reconciled with NEM definitions and reporting frameworks to avoid disputes about achievement.
Coordinate with the Director’s annual report:
The Director’s annual report must include progress towards meeting s 3C targets (s 13(1)(b)). Entities whose generation contributes to meeting targets should ensure data they provide to the Director or Regulator is timely and verifiable.
By mapping these compliance actions to the statutory provisions cited above, regulated entities and public officers can reduce the risk of fines, ensure effective recovery plan submissions and maintain cooperative relationships with the Assessor and Co‑ordinator. Practical compliance emphasises robust information systems, documented decision pathways for trade‑secret assertions, and emergency procedures for rapid, accurate responses under s 9A.
[Section 3 Amended by No. 4 of 2019, s. 4, Applied:09 Apr 2019][Section 3 Amended by No. 17 of 1996, Applied:09 Apr 2019]headwater storage has the same meaning as in Schedule 1 to theElectricity Supply Industry Regulations 2018 ;
[Section 3 Amended by No. 4 of 2019, s. 4, Applied:09 Apr 2019]HRL means the high reliability level specified by the Minister under section 3A(a) ;
[Section 3 Amended by No. 4 of 2019, s. 4, Applied:09 Apr 2019]HRL recovery plan means a recovery plan submitted in accordance with section 8G ;
[Section 3 Amended by No. 4 of 2019, s. 4, Applied:09 Apr 2019]Hydro means the Hydro-Electric Corporation continued under the Hydro-Electric Corporation Act 1995 ;
[Section 3 Amended by No. 41 of 2020, s. 4, Applied:27 Nov 2020]National Electricity Law means the Law that is contained in the Schedule (as amended from time to time) to the National Electricity (South Australia) Act 1996 of South Australia;
[Section 3 Amended by No. 4 of 2019, s. 4, Applied:09 Apr 2019]National Electricity Market has the same meaning as in the Electricity Supply Industry Act 1995 ;
[Section 3 Amended by No. 4 of 2019, s. 4, Applied:09 Apr 2019]PSL means the prudent storage level specified by the Minister under section 3A(b) ;
[Section 3 Amended by No. 4 of 2019, s. 4, Applied:09 Apr 2019]PSL recovery plan means a recovery plan submitted in accordance with section 8F ;
[Section 3 Amended by No. 4 of 2019, s. 4, Applied:09 Apr 2019]recovery plan includes the following:
(a) an HRL recovery plan;
(b) a PSL recovery plan;
[Section 3 Amended by No. 4 of 2019, s. 4, Applied:09 Apr 2019][Section 3 Amended by No. 41 of 2020, s. 4, Applied:27 Nov 2020]Regulator means the Tasmanian Economic Regulator appointed under the Economic Regulator Act 2009 ;
[Section 3 Amended by No. 41 of 2020, s. 4, Applied:27 Nov 2020]renewable energy source means any of the following energy sources:
(a) solar;
(b) wind;
(c) water;
(d) an energy source declared under section 3B .
3A High reliability level and prudent storage level
3A High reliability level and prudent storage level
[Section 3A Inserted by No. 4 of 2019, s. 5, Applied:09 Apr 2019] The Minister may, by order, specify in respect of each month, a level of energy in storage to be –
(a) the high reliability level; and
(b) the prudent storage level.
Part 1A Renewable Energy
Part 1A Renewable Energy
[Part 1A Inserted by No. 41 of 2020, s. 5, Applied:27 Nov 2020]
3B Renewable energy source
3B Renewable energy source
[Section 3B Inserted by No. 41 of 2020, s. 5, Applied:27 Nov 2020]
(1) The Minister, by order, may declare an energy source to be a renewable energy source for the purposes of this Act.
(2) Section 47(3) , (3A) , (4) , (5) , (6) and (7) of theActs Interpretation Act 1931 applies to an order under subsection (1) as if the order were regulations.
3C Renewable energy targets
3C Renewable energy targets
[Section 3C Inserted by No. 41 of 2020, s. 5, Applied:27 Nov 2020]
(1) In this section –
NEM means the interconnected national electricity system used to convey, and control the conveyance of, electricity, the load of which is settled through the wholesale electricity exchange operated and administered by the Australian Energy Market Operator under the National Electricity Rules;
NEM-connected equipment means electricity-generating equipment, situated in Tasmania, that is connected to the Tasmanian electricity grid, whether or not –
(a) the equipment is directly connected to that grid or is operated primarily for the provision of electricity to the Tasmanian electricity grid; and
(b) any of the electricity generated by the equipment is conveyed to the Tasmanian electricity grid;
Tasmanian electricity grid means so much of the NEM as is situated in Tasmania.
(2) The renewable energy targets are –
(a) that, in at least one calendar year ending on or before 31 December 2030, 15,750 GWh of electricity that is generated in that calendar year by NEM-connected equipment is to be generated by utilising renewable energy sources or by converting renewable energy sources into electricity; and
(b) that, in at least one calendar year ending on or before 31 December 2040, 21,000 GWh of electricity that is generated in that calendar year by NEM-connected equipment is to be generated by utilising renewable energy sources or by converting renewable energy sources into electricity.
Part 2 Director of Energy Planning
Part 2 Director of Energy Planning
4 Director of Energy Planning
4 Director of Energy Planning
[Section 4 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Minister may appoint a State Service officer or State Service employee to be Director of Energy Planning and that person holds that office in conjunction with State Service employment.
5 Director's functions and powers
5 Director's functions and powers
(1) The functions of the Director are as follows:
(a) to assist the Minister in planning and co-ordinating the provision of energy in the State;
(b) to advise the Minister on all aspects of energy policy, including –
(i) the energy needs of the State and any factors which might put the supply of electrical energy at risk; and
(ii) ways of using energy and sources of energy, including renewable energy; and
(iii) the introduction and encouragement of competition in the energy industry; and
(iv) ways of achieving greater efficiency in the use of energy; and
(v) the use of energy policy to assist in achieving other policy objectives of the State;
(c) for the purposes of paragraphs (a) and (b) –
(i) to monitor the operation of the State's energy industry and its participants; and
(ii) to consult with interested groups and persons;
(d) to examine and monitor factors affecting the supply and demand for energy for the State;
(e) to co-ordinate activities to ensure that adequate arrangements are in place for the planning of the State's electrical system;
(f) to undertake, sponsor and co-ordinate research, development and demonstration relating to energy;
(g) to promote the development of commercial applications of renewable energy;
(h) to produce and publish information and reports on energy-related matters;
(i) to provide support in the resolution of disputes about energy-related matters.
(2) In addition to any other powers conferred on the Director, the Director has power to do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of the Director's functions.
6 Staff
6 Staff
(1) [Section 6 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed to assist the Director in carrying out the Director's functions under this Act.
(2) [Section 6 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Secretary of the Department may make arrangements for State Service officers and State Service employees employed in the Department and, with the approval of another Head of a State Service Agency, for State Service officers and State Service employees employed in that Agency to be made available to the Director to enable the Director to perform the Director's functions.
(3) [Section 6 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 6 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The officers and employees made available to the Director may, in conjunction with State Service employment, serve the Director in any capacity.
7 Delegation
7 Delegation
The Director may delegate any of the Director's functions or powers under this Act other than this power of delegation.
8 Directions from Minister
8 Directions from Minister
(1) The Minister may give directions in writing to the Director with respect to the performance of the Director's functions.
(2) The directions may be given generally or in relation to a particular matter.
(3) The Director must perform his or her functions in accordance with the directions.
Part 2A Monitor and Assessor for Energy Security and Energy Security Co-ordinator
Part 2A Monitor and Assessor for Energy Security and Energy Security Co-ordinator
[Part 2A Inserted by No. 4 of 2019, s. 6, Applied:09 Apr 2019]
Division 1 Monitor and Assessor for Energy Security
Division 1 Monitor and Assessor for Energy Security
[Division 1 Inserted by No. 4 of 2019, s. 6, Applied:09 Apr 2019]
8A Monitor and Assessor for Energy Security
8A Monitor and Assessor for Energy Security
The Regulator is to be the Monitor and Assessor for Energy Security.
8B Assessor's functions and powers
8B Assessor's functions and powers
(1) The Assessor has the following functions:
(a) to monitor and provide reports in relation to energy in storage and other sources of energy;
(b) to evaluate, on a monthly basis, whether there is sufficient energy in storage and associated generation capacity to meet forecast electricity demand in the Tasmanian region of the National Electricity Market;
(c) to require Hydro to provide recovery plans in accordance with section 8F ;
(d) to provide the Co-ordinator with a copy of any recovery plan and the Assessor’s advice on the quality of the plan;
(e) to notify the Co-ordinator when energy in storage levels are likely to drop below the HRL;
(f) to monitor and evaluate the PSL and HRL and advise the Minister whether changes in the levels are required;
(g) such other functions as may be prescribed.
(2) In addition to any other powers conferred on the Assessor, he or she has power to do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of his or her functions.
8C Reports by Assessor
8C Reports by Assessor
(1) The Assessor is to publish on the Assessor’s website a monthly report in relation to energy in storage levels, the PSL and the HRL.
(2) The Assessor, not later than 30 November each year, is to prepare and give to the Minister a report on the performance of the Assessor's functions and the exercise of the Assessor's powers under this Act in the preceding 12 months.
(3) The report provided under subsection (2) is to include the following:
(a) an examination of the forecast energy in storage levels and forecast demand for energy;
(b) consideration of whether the energy in storage levels are likely to drop below the PSL or the HRL;
(c) a review of changes to the balance between supply and demand for energy, and recommendations to ensure the maintenance of security of energy supply;
(d) any other matters that the Assessor thinks appropriate.
(4) The Assessor is to
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