Australian Capital Territory
Utilities (Electricity Restrictions)
Regulation 2004
SL2004-61
made under the
Utilities Act 2000
Republication No 5
Effective: 14 October 2015
Republication date: 14 October 2015
Last amendment made by A2015-33
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About this republication
The republished law
This is a republication of the Utilities (Electricity Restrictions) Regulation 2004, made under
the Utilities Act 2000 (including any amendment made under the Legislation Act 2001, part
11.3 (Editorial changes)) as in force on 14 October 2015. It also includes any commencement,
amendment, repeal or expiry affecting this republished law to 14 October 2015.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for
an individual and $750 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Utilities (Electricity Restrictions)
Regulation 2004
made under the
Utilities Act 2000
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5 Offences against regulation—application of Criminal Code etc 3
Part 2 Electricity restriction scheme
6 Approved electricity restriction scheme 4
7 Scope of electricity restriction scheme 4
8 Public inspection of scheme documents 4
Contents
Page
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9 Declaration of electricity restriction stages 5
10 Utility may impose electricity restriction measures 5
11 Reports on electricity restrictions 6
12 State of emergency 6
Part 3 Enforcement
13 Meaning of electricity restriction for pt 3 7
14 Contravening electricity restrictions 7
15 Directions by authorised people 7
16 Contravening directions of authorised person 8
17 Power to enter premises 8
18 Production of identity card 9
19 Ending unauthorised use of electricity 9
20 Damage etc to be minimised 10
21 Immunity from Liability 11
Dictionary 12
Endnotes
1 About the endnotes 13
2 Abbreviation key 13
3 Legislation history 14
4 Amendment history 15
5 Earlier republications 16
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Australian Capital Territory
Utilities (Electricity Restrictions)
Regulation 2004
made under the
Utilities Act 2000
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of regulation
This regulation is the Utilities (Electricity Restrictions) Regulation
2004.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation, and includes references (signpost definitions) to other
terms defined elsewhere.
For example, the signpost definition ‘emergency controller—see the
Emergencies Act 2004, dictionary’ means that the term ‘emergency
controller’ is defined in that dictionary and the definition applies to this
regulation.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire regulation unless the definition, or another provision of the
regulation, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this regulation is explanatory and is not part of
this regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
Preliminary Part 1
Section 5
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5 Offences against regulation—application of Criminal
Code etc
Other legislation applies in relation to offences against this
regulation.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms
used for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Part 2 Electricity restriction scheme
Section 6
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Part 2 Electricity restriction scheme
6 Approved electricity restriction scheme
(1) The Minister may approve a scheme to restrict the use of electricity
(the approved electricity restriction scheme) if satisfied that the
scheme is necessary to—
(a) facilitate, as far as practicable, the provision of efficient,
reliable and sustainable electricity services by utilities to
consumers; or
(b) protect the interests of consumers; or
(c) manage the safety and security of the electricity network; or
(d) protect public safety.
(2) An approval is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
7 Scope of electricity restriction scheme
(1) The Minister may approve an electricity restriction scheme under
section 6 only if the scheme provides for—
(a) the imposition of restrictions in different stages; and
(b) a range of restriction measures that may be imposed under each
stage.
(2) An approved electricity restriction scheme may include provision
for a utility to exempt a consumer from an electricity restriction if
the restriction would cause the consumer serious detriment.
8 Public inspection of scheme documents
(1) The director-general must name a place where copies of a document
or documents setting out the approved electricity restriction scheme
may be inspected.
Electricity restriction scheme Part 2
Section 9
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(2) An instrument under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
9 Declaration of electricity restriction stages
(1) The Minister may declare that a stage of an approved electricity
restriction scheme is in force.
(2) The declaration must be in accordance with the approved electricity
restriction scheme.
(3) The declaration must state—
(a) the stage to which it applies; and
(b) the restriction measures, including their duration or maximum
duration, that may be imposed under that stage; and
(c) that a utility may, under section 10, impose those restriction
measures; and
(d) the period (not longer than 3 months) the declaration is in
force.
(4) To remove any doubt, the Minister may make more than 1
declaration in relation to the same stage of electricity restrictions.
(5) A declaration is a notifiable instrument.
Note 1 A notifiable instrument must be notified under the Legislation Act.
Note 2 The power to make a declaration includes the power to revoke the
declaration (see Legislation Act, s 46).
10 Utility may impose electricity restriction measures
(1) A utility may, in writing, impose electricity restriction measures
under an electricity restriction stage in force under section 9.
(2) The imposition must be in accordance with the approved electricity
restriction scheme.
Part 2 Electricity restriction scheme
Section 11
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(3) As soon as possible after imposing electricity restriction measures,
the utility must—
(a) ensure that notice of the imposition is broadcast in the ACT by
television or radio; and
(b) give notice of the imposition on the utility’s internet website;
and
(c) give public notice of the imposition.
Note Public notice means notice on an ACT government website or in a daily
newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(4) To remove any doubt, the utility may make more than 1 imposition
of electricity restriction measures under an electricity restriction
stage in force under section 9.
(5) A failure to comply with subsection (3) does not affect the validity
of the imposition.
11 Reports on electricity restrictions
(1) The director-general may require a utility to give the
director-general reports about the effectiveness and operation of
restrictions imposed under an approved electricity restriction
scheme.
(2) The requirement may include requirements about the content,
frequency and timing of reports.
(3) A utility must comply with the requirement.
12 State of emergency
Restrictions imposed under this regulation have effect subject to the
exercise of a function by an emergency controller under the
Emergencies Act 2004.
Enforcement Part 3
Section 13
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Part 3 Enforcement
13 Meaning of electricity restriction for pt 3
In this part:
electricity restriction means an electricity restriction imposed under
section 9 (Declaration of electricity restriction stages).
14 Contravening electricity restrictions
(1) A person commits an offence if—
(a) the person is the occupier of premises; and
(b) electricity is used on the premises in contravention of an
electricity restriction; and
(c) the electricity restriction has been notified under section 10
(Utility may impose electricity restriction measures).
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
(3) It is a defence to a prosecution for an offence against this section if
the defendant proves that the defendant did not know the electricity
restriction had been imposed.
15 Directions by authorised people
(1) This section applies if an authorised person believes on reasonable
grounds that—
(a) electricity has been used, or is being used, on premises in
contravention of an electricity restriction; or
(b) electricity has been used on premises in contravention of an
electricity restriction and that a further contravention is likely.
Part 3 Enforcement
Section 16
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(2) The authorised person may give the occupier of the premises a
written direction to take action stated in the direction to ensure that
electricity is used in accordance with the electricity restrictions.
(3) It is sufficient if the direction is addressed to ‘the occupier’ of the
premises.
(4) The direction may state a period in which the person must comply
with the direction.
(5) The direction may also be given—
(a) by leaving it in the letterbox at the premises; or
(b) by securing it in a conspicuous place at the premises.
Note For other ways in which the direction may be given, see the Legislation
Act, pt 19.5.
16 Contravening directions of authorised person
(1) A person commits an offence if—
(a) an authorised person has given the person a direction under
section 15; and
(b) the person contravenes the direction.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
17 Power to enter premises
(1) This section applies if an authorised person believes on reasonable
grounds that electricity has been used, or is being used, on premises
in contravention of an electricity restriction.
(2) For this regulation, an authorised person may enter any part of the
premises (other than a part used for residential purposes) at any
reasonable time, and—
(a) inspect the premises and anything on the premises; and
Enforcement Part 3
Section 18
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(b) take action under section 19 (Ending unauthorised use of
electricity).
(3) For subsection (2), the authorised person may enter the premises
with any necessary assistance and force.
18 Production of identity card
An authorised person must not remain on premises entered under
this part if, when asked by the occupier, the authorised person does
not produce the authorised person’s identity card for inspection by
the occupier.
19 Ending unauthorised use of electricity
(1) An authorised person may arrange to stop the supply of electricity
from the electricity network to premises if the person believes on
reasonable grounds that a person is contravening a direction under
section 15 (Directions by authorised people); or
(2) An authorised person may also arrange to stop the supply of
electricity from the electricity network to premises if the authorised
person believes on reasonable grounds that—
(a) electricity is being used on premises in contravention of an
electricity restriction; and
(b) a direction under section 15 is unlikely to end the
contravention because, for example—
(i) the premises are unoccupied (whether temporarily or
permanently); or
(ii) after making reasonable inquiries, the authorised person
cannot find the occupier of the premises; or
(iii) the occupier is unlikely to comply with the direction; and
Part 3 Enforcement
Section 20
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(c) the contravention is likely to continue unless action is taken
under this section.
Note An example is part of the regulation, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which
it appears (see Legislation Act, s 126 and s 132).
(3) The authorised person must give the occupier of the premises a
written notice stating that the supply of electricity will be stopped.
(4) It is sufficient if the notice is addressed to ‘the occupier’ of the
premises.
(5) The notice may also be given—
(a) by leaving it in the letterbox at the premises; or
(b) by securing it in a conspicuous place at the premises.
Note For other ways in which the direction may be given, see the Legislation
Act, pt 19.5.
20 Damage etc to be minimised
(1) In the exercise, or purported exercise, of a function under this
regulation, an authorised person must take reasonable steps to
ensure that the authorised person, and anyone helping the authorised
person, causes as little inconvenience, detriment and damage as is
practicable.
(2) If an authorised person, or anyone helping an authorised person,
damages anything in the exercise, or purported exercise, of a
function under this regulation, the authorised person must give
written notice of the particulars of the damage to the person whom
the authorised person believes is the owner of the thing.
(3) It is sufficient if the notice is addressed to ‘the occupier’ of the
premises where the damage happened.
Enforcement Part 3
Section 21
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(4) The notice may also be given—
(a) by leaving it in the letterbox at the premises where the damage
happened; or
(b) by securing it in a conspicuous place at those premises.
Note For other ways in which the direction may be given, see the Legislation
Act, pt 19.5.
21 Immunity from Liability
(1) A utility, an authorised person, a person helping an authorised
person or anyone acting under the direction of a utility, is not liable
for anything done or omitted to be done honestly—
(a) in the exercise of a function under this regulation; or
(b) in the reasonable belief that the act or omission was in the
exercise of a function under this regulation.
(2) Any liability that, apart from subsection (1), would attach to a
person attaches instead to the Territory.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
contravene
director-general (see s 163)
Minister (see s 162).
Note 3 Terms used in this regulation have the same meaning that they have in
the Utilities Act 2000 (see Legislation Act, s 148.) For example, the
following terms are defined in the Utilities Act 2000, dict:
authorised person
premises.
approved electricity restriction scheme—see section 6.
electricity restriction, for part 3 (Enforcement)—see section 13.
emergency controller––see the Emergencies Act 2004, dictionary.
identity card means an identity card issued under section 115 of the
Act identifying a person as an authorised person for this regulation.
utility means electricity distributor.
Endnotes
About the endnotes 1
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Endnotes
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.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Utilities (Electricity Restrictions) Regulation 2004 SL2004-61
notified LR 21 December 2004
s 1, s 2 commenced 21 December 2004 (LA s 75 (1))
remainder commenced 22 December 2004 (s 2)
as amended by
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.75
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.75 commenced 22 September 2009 (s 2)
Emergencies Amendment Act 2010 A2010-17 sch 1 pt 1.2
notified LR 12 May 2010
s 1, s 2 commenced 12 May 2010 (LA s 75 (1))
sch 1 pt 1.2 commenced 20 August 2010 (s 2 and CN2010-8)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.164
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.164 commenced 1 July 2011 (s 2 (1))
Red Tape Reduction Legislation Amendment Act 2015 A2015-33
sch 1 pt 1.69
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.69 commenced 14 October 2015 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Dictionary
s 3 am A2010-17 amdt 1.5
Approved electricity restriction scheme
s 6 am A2009-20 amdt 3.217
Public inspection of scheme documents
s 8 am A2009-20 amdt 3.217; A2011-22 amdt 1.456
Declaration of electricity restriction stages
s 9 am A2009-20 amdt 3.217
Utility may impose electricity restriction measures
s 10 am A2015-33 amdt 1.242
Reports on electricity restrictions
s 11 am A2011-22 amdt 1.457
State of emergency
s 12 am A2010-17 amdt 1.6
Contravening electricity restrictions
s 14 am A2015-33 amdt 1.243
Dictionary
dict am A2009-20 amdt 3.216; A2011-22 amdt 1.458; A2015-33
amdt 1.244
def emergency controller ins A2010-17 amdt 1.7
def territory controller om A2010-17 amdt 1.8