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UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 (NO 61 OF 2004)
2004
THE LEGISLATIVE ASSEMBLY FOR
THE
AUSTRALIAN CAPITAL
TERRITORY
UTILITIES (ELECTRICITY RESTRICTIONS)
REGULATION 2004
Subordinate Law SL2004 -
61
EXPLANATORY
STATEMENT
Circulated by the authority
of
Jon Stanhope
Chief Minister
Utilities (Electricity
Restrictions) Regulation 2004
Subordinate Law SL2004-61
The Utilities (Electricity Restrictions) Regulation 2004
(regulation) is made under the Utilities Act 2000, section 234. Its
purpose is to provide for the introduction and enforcement of an electricity
restriction scheme in the ACT.
This regulation will overcome the current lack in legislation of provision for the imposition of restrictions on the use of electricity in times of electricity supply shortage. The creation of a scheme of electricity restrictions is in keeping with one of the purposes of the Utilities Act, namely, to ensure the efficient provision of utility services (including the supply of electricity).
Section 234 of the Utilities Act provides the Executive with the power to
make provision in relation to the safe or efficient provision of utility
services, including provision prohibiting or regulating activities to ensure the
safe or efficient operation of a utility network or network
facility.
Part 1 contains the preliminary provisions of the
regulation.
Part 2 provides for the Minister to approve an
electricity restriction scheme and to make a declaration of an electricity
restriction stage, and for a licensed electricity distribution and connection
services provider (the utility) to impose restriction measures when a
declaration is in force.
Part 3 provides for the enforcement of
electricity restrictions.
Section 1 provides that the name of the regulation is the
Utilities (Electricity Restrictions) Regulation 2004.
Section
2 provides the commencement date of the regulation as the day after its
notification.
Section 3 specifies that the dictionary for the
regulation is part of the regulation.
Section 4 deals with notes
found in the regulation and provides that such notes are for explanatory
purposes and do not form part of the regulation.
Section 5
provides that other legislation applies in relation to offences against this
regulation.
Section 6 provides that the Minister may, in writing, approve an
electricity restriction scheme (the scheme) if satisfied that the scheme is
necessary to facilitate the provision of efficient, reliable and sustainable
electricity services by utilities to consumers, to protect the interests of
consumers and public safety, and to manage the safety and security of the
electricity network. The approval of the scheme is a disallowable
instrument.
Section 7 specifies that, for the Minister to approve
the scheme, the scheme must provide for the imposition of different stages of
restriction on the use of electricity by consumers and a range of electricity
restriction measures that may be imposed under each stage. The scheme may
include provision for the utility to exempt a consumer from restrictions where
serious detriment could be caused.
Section 8 specifies that the
chief executive must, in a notifiable instrument, specify a place where copies
of documents describing the approved electricity restriction scheme (approved
scheme) are available for inspection.
Section 9 provides that the
Minister may, by notifiable instrument and in accordance with the approved
scheme, declare that a specified stage of electricity restriction is in force
and that restriction measures may be imposed by the utility under section 10 of
this regulation.
The declaration must also state the period for which
the declaration is in force, but this period cannot exceed three (3) months.
However, to allow for the need for any extension beyond the three-month limit,
the Minister may make more than one declaration in relation to the same stage of
electricity restrictions.
Section 10 provides that the utility
may, in writing, impose electricity restriction measures under a declared stage
of restrictions, in accordance with the approved scheme. The utility must
ensure the publication and broadcasting by public notice of the restriction
measures. However, if this does not occur, the validity of the imposition of
restriction measures is not affected.
To allow any necessary fine-tuning
of the restriction measures, the utility may make subsequent impositions of the
restriction measures under the declared stage of restrictions.
Section
11 provides that the Chief Executive may, in writing or orally, require the
utility to produce reports about the effectiveness and operation of restrictions
imposed. The utility must comply with the requirement. The Chief Executive may
specify the content, frequency and timing of reports. The purpose of this
provision is to allow an assessment of the effectiveness of the approved
electricity restriction scheme.
Section 12 provides that
restrictions imposed under this regulation will continue to have effect during
an emergency under the Emergencies Act 2004 (Emergencies Act),
when the territory controller is exercising his or her functions, unless the
restrictions are contradictory to the exercise of the territory
controller’s functions. The provision gives the territory controller the
option of keeping any restrictions imposed under this regulation in place and
active during an emergency.
Section 13 provides that ‘electricity restriction’
means ‘an electricity restriction imposed under section 9’ when it
is used in Part 3 of the regulation.
Section 14 states that a
person commits an offence if that person is the occupier of premises and
electricity is used on the premises in contravention of electricity restriction
measures which have been notified by public notice under section 10.
Such an offence is a strict liability offence, which means that the
offender is liable, irrespective of an absence of negligence or intention on his
or her part. However, if prosecuted for an offence against this section, proof
by the offender that he or she did not know that the electricity restriction had
been imposed is a defence to the prosecution.
Section 15 empowers
an authorised person for the utility to give a written direction to an occupier
of premises if the authorised person believes, on reasonable grounds, that the
occupier is, or was and may continue, using electricity in contravention of an
imposed restriction measure. The direction must state the action the occupier
must take to ensure that electricity is used in accordance with the imposed
restriction measures. The direction may state the period in which the person
must comply with the direction.
The direction may also be given by
leaving it in the person’s letterbox or securing it in a conspicuous
position on the premises where the unauthorised use occurs.
Section
16 states that a person commits an offence if an authorised person has given
the person a direction under section 15 and the person contravenes the
direction. An offence committed against this regulation is a strict liability
offence.
Section 17 provides power for an authorised person of the
utility to enter and inspect premises (other than parts used for residential
purposes), and anything on the premises, if the authorised person believes, on
reasonable grounds, that electricity is being used contrary to a restriction
measure. Such entry may occur at any reasonable time and with any necessary
assistance and force. On entry, the authorised person may take action specified
in section 19 to end the unauthorised use of electricity.
Section
18 specifies that an authorised person must not remain on premises entered
under Part 3 Enforcement, if the authorised person does not, when asked by the
occupier, produce his or her identity card.
Section 19 provides
for an authorised person, under specified circumstances, to cut off the
electricity supply to a premises to end the unauthorised use of electricity
where the authorised person believes, on reasonable grounds, that a person is
contravening a direction given under section 15 and the direction is unlikely to
end the contravention.
The authorised officer must give written notice
stating the particulars of the action to be taken under this
section.
Section 20 provides that any inconvenience, detriment or
damage caused by the authorised person and any person helping the authorised
person in the exercise of a function under this regulation be minimised, and
that written notice must be given to the owner of anything damaged of the
particulars of the damage.
Section 21 provides immunity from
liability for a utility, an authorised person, a person helping an authorised
person or anyone acting under the direction of a utility in relation to anything
done or omitted to be done honestly in the exercise of a function under the
regulation.