124By‑laws

##### 124. By‑laws (1) Subject to this Act, an electricity corporation may with the approval of the Governor make by‑laws for the more effectual performance of the functions of the corporation, and as to the other matters provided for by this Act. (1a) By‑laws made by an electricity corporation shall make provision only in respect of electricity, and in respect of related matters. (2) By‑laws made by an electricity corporation under this Act shall be subject to the regulations made by the Governor under this Act and where any such by‑law is in any respect inconsistent with or repugnant to any such regulation the regulation shall prevail and the by‑law shall be read and be construed and have effect accordingly. (3) By‑laws made under this Act may impose a penalty not exceeding $2 000 for the breach of any such by‑law. (4) Without limiting or restricting the generality of subsection (1) by‑laws made under this Act by an electricity corporation may provide for all or any of the following matters or purposes, that is to say — (a) the establishment, installation, construction, management, maintenance, repair, use and protection of the undertakings, works and other property of, or under the control or management of, the corporation; and (b) preventing or remedying the waste, misuse or undue consumption of, or any undue or improper interference with the enjoyment by any other person of, any energy supply whether generated or produced and distributed or supplied by the corporation or any other person, body or authority; and (c) as to the establishment, conditions, and termination of the supply of energy; and (d) prescribing — (i) the fees and charges that are from time to time to apply in relation to energy supplied or services provided by the corporation; (iaa) subject to subsection (4a), the payment of an additional amount by way of interest at the prescribed rate to be made where the payment of any amount exceeding $1 000 in relation to energy supplied or services performed by the corporation is not paid in full on the date when it is due as specified by the corporation or within such time as is fixed by the corporation; (ia) any formula, index or other base to be used for the purposes of calculating or ascertaining any fee or charge that is to apply to or in relation to a service provided by the corporation or a supply of energy; (ii) the making of a fixed charge in respect of a supply effected, whether or not utilised; (iii) the accounting procedures relating thereto and the fees payable in respect of accounting, the conditions upon and subject to which security by way of deposit or guarantee or otherwise shall be given to secure the payment of accounts or for other purposes, the amount of such deposits or guarantees, and the manner in which moneys relating thereto shall be dealt with; (iv) re‑connection and service fees, and charges for unsatisfactory power factors; (v) the charges for the use or testing of meters, fittings and other apparatus; (vi) the different rates to be applicable to particular areas and uses, periods of supply and other circumstances; (vii) the discounts, rebates, or concessions that may be allowed to specified classes of persons or in specified circumstances in respect of moneys due to the corporation; (viii) the apportionment and assessment of accounts; (ix) the manner, in so far as not otherwise provided for in this Act, of adjustment of consumer accounts where errors or inaccuracies are found in the method of charging in, or in the calculation of, such accounts; (x) the payment of interest on deposits to secure the payment of accounts; (xi) generally as to the liability of persons for payment to the corporation in respect of supply or services; and (e) providing for the recovery by action or summary proceedings of any charges and other amounts payable to the corporation; and [(f), (g) deleted] (h) enabling the corporation to repair meters, fittings or other apparatus used in connection with the supply of energy by the corporation to any person or authority; and (j) prohibiting any alteration of or interference with any works, meters, or apparatus of the corporation without the consent of the corporation; and (k) providing for frequency control voltages to be imposed on normal supply voltage and prohibiting the use of frequency control voltages within prescribed limits otherwise than by the corporation; and [(l), (m) deleted] (n) the measures that may be taken where any supply system is, in the opinion of the corporation, overloaded or inadequate; and (o) the measures that may be taken in relation to supply systems or components of supply systems, whether or not owned by or otherwise under the control or management of the corporation, to obviate damage to any portion of a supply system that is the property of or under the control or management of the corporation; and (p) prescribing the point at, or the circumstances in, which the property in energy supplied passes from the corporation to any other person; and (q) prescribing limits that may be placed upon the supply of energy in relation to any person or premises, and the means whereby such limitation may be achieved; and (r) prescribing forms and other documents and the circumstances in which they are required under this Act, the fees and charges (other than such as are provided for in paragraph (d)) payable and the matters in respect of which fees, charges or other amounts shall be payable, and the refund or remission of any fees, charges or other amounts. (4a) For the purposes of calculating the amount on which interest is payable under a by‑law made under subsection (4)(d)(iaa) the amounts due under separate accounts rendered to a person shall not be aggregated. (5) Subject to the by‑laws regulating or specifying standards of supply and standards of service, an electricity corporation may, by notice in the *Government Gazette* including any necessary diagrams, from time to time declare — (a) the system pressure and frequency, or both, at which it operates or proposes to operate its electricity supply systems or any of them; and (b) the point or points in a supply system where pressure or frequency values, or both, are measured; and (c) the system or systems of earthing utilised in respect of its supply systems or any of them or of consumer installations, and where an electricity corporation has made a declaration under paragraph (b) it shall for so long as that declaration has effect at all times maintain the system pressure at that declared point within the limits of plus or minus 6% of the declared pressure and the frequency at that declared point within the limits of plus or minus 2½% of the declared frequency. (6) In this section — corporation includes any subsidiary, as defined in section 3(1) of the *Electricity Corporations Act 2005*, of the corporation. [Section 124 amended: No. 24 of 1986 s. 41 and 42; No. 6 of 1991 s. 3; No. 89 of 1994 s. 38, 39 and 41; No. 58 of 1999 s. 92; No. 24 of 2000 s. 14(13); No. 74 of 2003 s. 51(2); No. 33 of 2004 s. 46; No. 18 of 2005 s. 139.]