Schedule 1 Reviewable decisions
(see div 3.3A)
item
section
decision
column 4
entity
1 37 refuse to grant
licence
applicant for licence
2 37 grant licence
subject to
condition
applicant for licence
3 38 refuse to vary
licence
4 38 vary licence on
ICRC’s own
initiative
5 40 refuse to agree to
transfer of licence
6 42 revoke a licence person whose licence revoked
(see s 4)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• Australian citizen
• Australian Consumer Law (ACT)
• commissioner for revenue
• construction occupations registrar
• corporation
• director-general (see s 163)
• disallowable instrument (see s 9)
• exercise
• function
• magistrate
• Magistrates Court
• Minister (see s 162)
• national land
• notifiable instrument (see s 10)
• public servant
• reviewable decision notice
• State
• territory land
• territory law
• the Territory.
administrator, for part 3A (Energy industry levy)—see section 54N.
annual licence fee, for a licence, means the fee determined under
section 45 (Determination of fee) for the licence for the relevant
financial year.
approved meter, for division 6.4 (Passing on supply costs)—see
section 97.
authorised person means a person appointed as an authorised person
under section 114.
base amount, for part 3A (Energy industry levy)—see
section 54G (3).
capital contribution charge—see section 101 (Capital contribution
charges—network development).
complainant, for part 12 (Complaints to ACAT about utilities)—see
section 172.
complaint, for part 12 (Complaints to ACAT about utilities)—see
section 172.
connected with an offence, for part 10 (Enforcement)—see
section 150.
consumer, in relation to a utility service, means—
(a) a customer for the service; or
(b) an occupier of a customer’s premises to which the service is
provided;
and includes an invitee of the customer or occupier.
controller—see section 135 (Appointment of controller).
customer—see section 17 (Customers).
customer contract means—
(a) a standard customer contract; or
(b) a negotiated customer contract; or
(c) a customer connection contract under the National Energy
Retail Law (ACT).
customer debt, for part 12 (Complaints to ACAT about utilities)—
see section 169.
data storage device means any article or material (for example, a
disk) from which information is capable of being reproduced, with or
without the aid of any other article or device.
determined, for part 3A (Energy industry levy)—see section 54A.
electricity connection service means a connection service within the
meaning of the national electricity rules, chapter 5A (Electricity
connection for retail customers).
electricity distribution network—see section 7 (2).
electricity distributor—
(a) means a utility licensed for the distribution of electricity through
an electricity network; and
(b) in relation to an electricity connection service for premises—
means a utility licensed to provide the service for the premises.
electricity network—see section 7.
electricity transmission network—see section 7 (1).
energy industry sector, for part 3A (Energy industry levy)—see
section 54D (1).
energy utility, for part 3A (Energy industry levy)—see
section 54D (2).
energy utility service, for part 3A (Energy industry levy)—see
section 54D (3).
essential service, for part 9A (Shortage of essential services)––see
section 149A.
essential service restriction, for part 9A (Shortage of essential
services)––see section 149A.
franchise customer—see section 17 (Customers).
gas—see section 8.
gas connection service means a connection service within the
meaning of the national gas rules, part 12A (Gas connection for retail
customers).
gas distribution network—see section 10 (2).
gas distributor—
(a) means a utility licensed for the distribution of gas through a gas
network; and
(b) in relation to a gas connection service for premises—means a
utility licensed to provide the service for the premises.
gas network—see section 10 (Gas networks).
gas transmission network—see section 10 (1).
ICRC means the Independent Competition and Regulatory
Commission.
ICRC Act means the Independent Competition and Regulatory
Commission Act 1997.
ICRC inspector means a person appointed as an ICRC inspector
under section 152.
industry code, for a utility service, means an industry code approved
or determined under part 4 (Industry codes) that applies to the service.
installation—
(a) of a network facility, for part 7 (Network operations)—see
section 103; and
(b) of a territory network facility, for part 14 (Streetlighting and
interference, with a territory network or territory network facility, for
part 14 (Streetlighting and stormwater)—see section 226.
land-holder—
(a) in relation to private land, means—
(i) an owner of the land; or
(ii) if the land is occupied by a person other than the owner—
an occupier of the land; and
(b) in relation to unleased territory land—means the Territory; and
(c) in relation to national land—means the Commonwealth, and
includes a lessee of the land.
land sublease—see the Planning Act 2023, dictionary.
levy, for part 3A (Energy industry levy)—see section 54A.
levy year, for part 3A (Energy industry levy)—see section 54C (1).
licence means a licence under this Act.
local regulatory cost, for part 3A (Energy industry levy)—see
section 54F (1).
National Electricity (ACT) Law means the provisions applying in the
ACT because of the Electricity (National Scheme) Act 1997, section 5
(Application in ACT of National Electricity Law).
Note The Electricity (National Scheme) Act 1997, s 5 applies the National
Electricity Law set out in the National Electricity (South Australia)
Act 1996 (SA), schedule as if it were an ACT law called the National
Electricity (ACT) Law.
national electricity rules means the National Electricity Rules under
the National Electricity (ACT) Law.
National Energy Retail Law (ACT) means the provisions applying
in the ACT because of the National Energy Retail Law (ACT)
Act 2012, section 6 (Application of National Energy Retail Law).
Note The National Energy Retail Law (ACT) Act 2012, s 6 and s 7 apply the
National Energy Retail Law set out in the National Energy Retail Law
(South Australia) Act 2011 (SA), schedule as if it were an ACT law called
the National Energy Retail Law (ACT).
national energy retail rules means the National Energy Retail Rules
under the National Energy Retail Law (ACT).
National Gas (ACT) Law means the provisions applying because of
the National Gas (ACT) Act 2008, section 8 (Application in the ACT
of National Gas Law).
Note The National Gas (ACT) Act 2008, s 8 applies the National Gas Law set
out in the National Gas (South Australia) Act 2008 (SA), schedule as if
it were an ACT law called the National Gas (ACT) Law.
National Gas (ACT) Regulation means the provisions applying
because of the National Gas (ACT) Act 2008, section 9 (Application
in the ACT of regulations under National Gas Law).
Note The National Gas (ACT) Act 2008, s 9 applies the regulations under
the National Gas (South Australia) Act 2008 (SA), pt 3 as an ACT law
called the National Gas (ACT) Regulation.
national gas rules means the National Gas Rules under the National
Gas (ACT) Law.
national regulatory cost, for part 3A (Energy industry levy)—see
section 54E (2).
national regulatory obligations, for part 3A (Energy industry levy)—
see section 54E (1).
negotiated customer contract means a contract to which section 95
(Negotiated customer contracts) applies.
NERL exempt seller—see section 75A.
NERL retailer—see section 75.
net regulatory cost, for part 3A (Energy industry levy)—see
section 54G (2).
network means any of the following:
(a) an electricity network;
(b) a gas network;
(c) a sewerage network;
(d) a water network;
(e) a network prescribed for a prescribed utility service under
section 15 (Prescribed utility services).
network boundary means a boundary worked out under the Utilities
(Technical Regulation) Act 2014, section 53 (Network boundary).
network facility means any part of the infrastructure of a network.
network operations, for part 7 (Network operations)—see
section 103.
network protection notice means a notice under the Utilities
(Technical Regulation) Act 2014, section 32.
non-franchise customer—see section 17 (Customers).
occupier, of premises—
(a) for this Act—means a person who has, or is entitled to, lawful
possession or control of the premises (whether alone or together
with 1 or more other people); or
(b) for part 10 (Enforcement)—see section 150.
offence, for part 10 (Enforcement)—see section 150.
owner, of land or premises, means—
(a) a person who owns the land or premises; or
(b) a lessee of the land or premises under a lease granted by or for
the Commonwealth; or
(c) for a unit under the Unit Titles Act 2001—the unit owner; or
(d) for land held under a land sublease—the sublessee;
whether alone or together with 1 or more other people.
personal information—see the Privacy Act 1988 (Cwlth), section 6
(Interpretation), but does not include information available to a
section of the public.
premises includes land and place.
private land means land other than public land.
proceeding under this Act, for part 15 (Vicarious liability)—see
section 251.
protected tree—see the Urban Forest Act 2023, section 9.
public land means national land or unleased territory land.
registrar, for part 12 (Complaints to ACAT about utilities)—see
section 169.
regulated utility––see the Utilities (Technical Regulation) Act 2014,
section 8.
regulatory cost, for part 3A (Energy industry levy)—see
section 54G (1).
related law means the ICRC Act.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including regulations (see Legislation
respondent, for an application in relation to a complaint, for part 12
(Complaints to ACAT about utilities)—see section 169.
responsible utility, for a network or network facility, means a utility
licensed to provide utility services using the network or network
facility.
reviewable decision, for division 3.3A (Notification and review of
ICRC decisions)—see section 43.
satisfied means satisfied on reasonable grounds.
sewerage connection service—see section 85.
sewerage network—see section 14.
sewerage service means the conveyance, collection, treatment and
disposal of sewage by a person from the premises of another person.
sewerage utility, in relation to the provision of a sewerage connection
service or sewerage service for premises, means a utility licensed to
provide the relevant service for the premises.
standard customer contract—see section 92 (Creation of standard
customer contracts).
stormwater drainage, for part 14 (Streetlighting and stormwater)—
see section 226.
stormwater network—see section 227.
stormwater network boundary, for part 14 (Streetlighting and
stormwater)—see section 228.
stormwater network code, for part 14 (Streetlighting and
stormwater)—see section 228.
streetlighting, for part 14 (Streetlighting and stormwater)—see
section 226.
streetlight network—see section 229.
streetlight network code, for part 14 (Streetlighting and
streetlight network framework, for part 14 (Streetlighting and
stormwater)—see section 229A.
technical code means a technical code approved under the Utilities
(Technical Regulation) Act 2014, section 14.
technical inspector means a person appointed as a technical inspector
under the Utilities (Technical Regulation) Act 2014, section 81.
technical regulator means the technical regulator under the Utilities
(Technical Regulation) Act 2014, section 77.
territory network—see section 226.
territory network facility—see section 226.
territory network operations, for part 14 (Streetlighting and
territory network protection notice, for part 14 (Streetlighting and
territory service—see section 226.
territory service authorised person, for part 14 (Streetlighting and
(a) for this Act generally—means a person licensed to provide a
utility service; or
(b) for part 9 (Controller’s power to take over operations)—see
section 134; or
(c) in relation to an act or omission, for part 12 (Complaints to
ACAT about utilities)—see section 169.
utility service—
(a) for this Act generally—
(i) in relation to electricity—see section 6 (Electricity
services); and
(ii) in relation to gas—see section 9 (Gas services); and
(iii) in relation to water—see section 11 (Water services); and
(iv) in relation to sewerage—see section 13 (Sewerage
services); and
(v) includes a service prescribed to be a utility service under
section 15 (Prescribed utility services); and
(b) for division 6.2 (Standard customer contracts)—see
section 86A.
water connection service—see section 83 (Water connection
service).
water network—see section 12 (Water network).
water supplier, in relation to the supply of water to premises, means
a utility licensed to supply water to the premises.
withdrawal, of a utility service, for part 12 (Complaints to ACAT
about utilities)—see section 169.
year, for part 3A (Energy industry levy)—see section 54A.
About the endnotes 1
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.