Electricity Reform Act 2000

This Act may be cited as the Electricity Reform Act 2000.

The provisions of this Act come into operation on the date, or respective dates, fixed by the Administrator by notice in the

Gazette.

The objects of this Act are:

(a) to promote efficiency and competition in the electricity supply industry;

(b) to promote the efficient generation, transmission, distribution and selling of electricity;

(c) to establish and enforce proper standards of reliability and quality in the electricity supply industry;

(d) to establish and enforce proper technical standards for electrical installations;

(e) to facilitate the maintenance of a financially viable electricity supply industry; and

AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 (Cth).

authorised officer means a person appointed under Part 6 as an authorised officer.

condition includes a limitation or restriction.

connection agreement means a contract or agreement between a network provider and a network user who:

consumer protection framework, for Part 3, Division 5A, see section 44A.

contravention includes a failure to comply.

customer means a person who receives, or wants to receive, a supply of electricity for final consumption and includes:

(a) the occupier for the time being of a place to which electricity is supplied;

(b) where the context requires – a person seeking an electricity supply; and

dedicated connection asset, see Chapter 10 of the National Electricity (NT) Rules (as in force from time to time).

designated network asset, see Chapter 10 of the National Electricity (NT) Rules, as in force from time to time.

disconnect, an electricity supply, includes a procedure to interrupt or discontinue the electricity supply to a customer.

electrical installation means a set of wires and associated fittings, equipment and accessories installed in a place for conveying, controlling, measuring or using electricity that is, or is to be, or has been, supplied for consumption in the place, but does not include:

(a) electricity infrastructure owned or operated by an electricity entity; or

(b) any wires, fittings, equipment or accessories connected to and beyond an electrical outlet at which fixed wiring terminates (other than a electrical outlet used to connect sections of fixed wiring).

electricity entity means a person licensed under Part 3 to carry on operations in the electricity supply industry and includes a person who has been licensed to carry on operations in the electricity supply industry under that Part whose licence has been suspended or cancelled or has expired.

electricity infrastructure means:

(c) substations for converting, transforming or controlling electricity;

(d) equipment for metering, monitoring or controlling electricity; and

(e) any wires, equipment or other things (including tunnels and cavities) used for, or in connection with, the generation, transmission, distribution or supply of electricity.

electricity network means the assets that together are operated by the network provider for the purposes of transporting electricity from generators of electricity to a transfer point with another network or to consumers of electricity.

electricity officer means a person appointed under Part 4 as an electricity officer.

electricity pricing order, see section 44(1).

electricity retailer means an electricity entity that holds a licence under Part 3 authorising the retail selling of electricity.

electricity supply industry means the industry involved in the generation, supply and sale of electricity or other operations of a kind prescribed by the Regulations.

failed retailer means an electricity retailer in respect of which the Utilities Commission has determined under section 44D to appoint the retailer of last resort to sell electricity to that retailer's customers.

generation, of electricity, means the operation of any kind of electricity generating plant and all incidental and related operations, but does not include anything declared by Regulations not to be generation of electricity.

insolvency event, in relation to an electricity retailer, means any of the following:

(a) an insolvency official is appointed in respect of the electricity retailer or any property of the electricity retailer;

(b) an order is made by a court of competent jurisdiction for the winding up or dissolution of the electricity retailer;

(c) a resolution is passed for the winding up or dissolution of the electricity retailer, in accordance with the Bankruptcy Act 1996 (Cth) or Corporations Act 2001 (Cth).

insolvency official means a receiver, a receiver and manager, an administrator, a provisional liquidator, a liquidator, a trustee in bankruptcy or a person having a similar function.

land includes:

National Electricity (NT) Law, see section 3(1) of the National Electricity (Northern Territory) (National Uniform Legislation) Act 2015.

National Electricity (NT) Rules, see section 3(1) of the National Electricity (Northern Territory) (National Uniform Legislation) Act 2015.

National Electricity Rules means the National Electricity Rules as defined in section 2(1) of the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA).

network provider means a person licensed under Part 3 to operate an electricity network.

network services means the services provided to network users by a network provider.

Network Technical Code means a network technical code, and any associated network planning criteria, made under section 37F.

network user means a person who has been granted access to the electricity network by the network provider in order to transport electrical energy to or from a particular point.

occupier, of land or a place, means a person who has or is entitled to possession or control of the land or place.

operations include activities.

Power and Water Corporation means the Power and Water Corporation established under the Power and Water Corporation Act 1987.

powerline means:

(a) a set of cables for the transmission or distribution of electricity and their supporting or protective structures, conduits and equipment; and

(b) associated equipment for the transmission or distribution of electricity,

but does not include a telecommunications cable or associated equipment.

power system means a system for generating and supplying electricity and includes a part of the system.

related body corporate means:

(a) in respect of the Power and Water Corporation – a business division that would be a subsidiary within the meaning of the Corporations Act 2001 (Cth) if the Power and Water Corporation were a body corporate to which the Corporations Act 2001 (Cth) applies; or

(b) in respect of another body corporate – a body corporate that is related to the first-mentioned body by virtue of section 50 of the Corporations Act 2001 (Cth).

residential customer means a customer who purchases or wishes to purchase electricity for domestic purposes for use at residential premises.

Retail Code means the Code made by the Utilities Commission under section 44B.

retailer of last resort means the RetailCorp as defined in section 3 of the Power Retail Corporation Act 2014.

retailer of last resort arrangements means arrangements to plan for and respond to circumstances in which an electricity retailer ceases to be authorised, or is otherwise ineligible, to sell electricity.

RoLR transfer event, in relation to an electricity retailer, means any of the following:

(b) the electricity retailer fails to meet a requirement under the Retail Code to provide credit support in respect of a payment to:

(c) an insolvency event occurs in relation to the electricity retailer;

(d) any other event prescribed by regulation that occurs in relation to the electricity retailer.

selling, of electricity, means trading in electricity (including the selling of electricity to customers) but does not include an activity prescribed by the Regulations not to be selling of electricity.

supply, of electricity, means physically conveying electricity to a customer by transmission or distribution.

System Control Technical Code means a system control technical code made under section 37B.

system controller means a person licensed under Part 3 to exercise system control over a power system.

telecommunications means transmitting telephonic, radio, computer, television or other signals.

transfer date, in relation to the customers of a failed retailer, means the day determined by the Utilities Commission under section 44D(2).

Utilities Commission means the Utilities Commission established by the Utilities Commission Act 2000.

Note for subsection (1)

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

(2) A reference in this Act to a powerline, network, infrastructure or other property of an entity includes a reference to a powerline, network, infrastructure or other property that is not owned by the entity but is operated by the entity.

(2) Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.

(3) Subsection (2) does not apply to an authority of the Territory granted a licence under this Act.

(4) For the purposes of this section, a reference to the Crown extends:

(a) not only to the Crown in right of this Territory but also (so far as the legislative power of the Territory permits) to the Crown in any other capacity; and

(b) to an instrumentality of the Crown, and to an officer or employee of the Crown and any contractor or other person who carries out functions on behalf of the Crown.

The Utilities Commission has (in addition to the Utilities Commission's functions under the Utilities Commission Act 2000):

(a) the licensing, price regulation and other functions and powers conferred by this Act;

(b) the function of providing advice to the Minister on the operation of this Act; and

The electricity supply industry is declared to be a regulated industry for the purposes of the Utilities Commission Act 2000.

(1) A person must not carry on operations in the electricity supply industry for which a licence is required unless the person holds a licence under this Part authorising the relevant operations.

Maximum penalty: 2 500 penalty units.

(2) Subsection (1) does not apply to a person, or to a person carrying on an operation, exempted under section 87.

(3) The operations in the electricity supply industry for which a licence is required are:

(b) owning or operating an electricity network or a dedicated connection asset;

(e) other operations for which a licence is required by the Regulations.

Note for subsection (3)

Transitional provisions relating to dedicated connection assets in existence or proposed to be constructed at the time that subsection (3)(b) was amended by the National Electricity (Northern Territory) (National Uniform Legislation) Consequential Amendment Regulations 2019 are included in Part 4, Division 4 of the National Electricity (Northern Territory) (National Uniform Legislation) Act 2015.

(a) be made to the Utilities Commission in a form approved by the Utilities Commission; and

(2) The applicant must pay to the Utilities Commission an application fee fixed by the Minister of an amount that the Minister considers appropriate to meet the reasonable costs of determining the application.

(3) The Utilities Commission may, as the Utilities Commission considers appropriate, accept a single application from an applicant in respect of different operations of the applicant or operations of the applicant at different locations or may require separate applications.

(4) An applicant must give the Utilities Commission further relevant information that is requested by the Utilities Commission.

(1) The Utilities Commission must consider an application for a licence and may grant or refuse to grant the licence.

(2) The Utilities Commission must have regard to the general factors specified in section 6(2) of the Utilities Commission Act 2000 and, subject to this section, may only issue a licence if satisfied that:

(b) in the case of a licence authorising the generation of electricity – the generating plant (or proposed generating plant) will have the necessary characteristics to generate electricity of the appropriate quality for the relevant electricity network;

(c) in the case of a licence authorising the operation of an electricity network – the network has (or the proposed network will have) the necessary characteristics for transmitting or distributing electricity reliably and safely;

(d) in the case of a licence authorising selling of electricity – the applicant will be able to meet reasonably foreseeable obligations for the sale of electricity;

(e) in the case of a licence authorising system control over a power system – the applicant will be able to adequately exercise system control functions;

(f) in the case of a licence authorising other operations in the electricity supply industry for which a licence is required under the Regulations – the applicant meets any special requirements imposed by the Regulations for the holding of the licence; and

(g) in the case of a licence of any class – the grant of the licence would be consistent with criteria (if any) prescribed by the Regulations for a licence of the relevant class.

(3) In deciding whether an applicant is a suitable person to hold a licence, the Utilities Commission may consider:

(a) the applicant's previous commercial and other dealings and the standard of honesty and integrity shown in those dealings;

(b) the financial, technical and human resources available to the applicant;

(c) the officers and, if applicable, major shareholders of the applicant and their previous commercial and other dealings and the standard of honesty and integrity shown in those dealings (including breaches of statutory and other legal obligations); and

(a) a person carries on or proposes to carry on operations for which a licence is required as agent of another person;

(b) the agent makes application for the licence on the agent's own behalf and on behalf of the principal; and

(c) the Utilities Commission is satisfied that the criteria for granting the licence are met in relation to the agent,

the Utilities Commission may dispense with the requirement that it be satisfied that the criteria are met in relation to the principal and grant the licence to the agent and the principal to be held by them jointly.

(2) If a licence is held jointly by 2 or more persons, those persons are jointly and severally liable to meet requirements imposed under this Act, the licence or the Utilities Commission Act 2000.

A licence may be granted for an indefinite period or for a term specified in the licence.