Electricity Act 1994

On the regulator taking over the operation of a defaulting entity’s relevant operations, the relevant operations may be operated by the person (the operator) appointed by the regulator.

The operator need not be an electricity entity.

The operator—

must comply with the conditions that applied to the defaulting entity that the regulator states in the appointment; and

must comply with any conditions imposed and directions given by the regulator; and

must comply with provisions of this Act about the operation of the relevant operations; and

may enter—

the site of relevant operations; and

other property necessary for the efficient operation of the relevant operations (including necessary access to the relevant operations and other property).

The operator may do all things necessary or convenient to ensure the relevant operations continue to operate as required by the regulator.Examples of things that the operator may do—

The defaulting entity and other persons in possession or occupancy of property concerning the operation of the relevant operations must give the operator access to the property necessary to enter to enable the efficient operation of the relevant operations.Maximum penalty—500 penalty units or 6 months imprisonment.

The defaulting entity and anyone else in possession or occupancy of property must not take action, or refuse to take action, if the taking of the action, or the refusing to take the action, has the effect of preventing or hindering the operation of the relevant operations under this section.Maximum penalty—1,000 penalty units or 6 months imprisonment.

Subsections (5) and (6) do not apply to an act done, or omission made, during or in connection with industrial action (within the meaning of the Industrial Relations Act 2016 or the Fair Work Act 2009 (Cwlth)).

The owner of the relevant operations and the defaulting entity are liable for the cost of the operation of the relevant operations by the operator.

The person who would, apart from this section, have the right to the proceeds from the operation of the relevant operations has the right to receive the income received by the operator from operating the relevant operations less all costs (including operating fees approved by the regulator) properly included in operating the relevant operations.

The disposal of, or other dealing in, the relevant operations does not affect the operation of this section.

For this section—

an electricity entity is solvent if the entity is able to pay all of the entity’s debts, as and when they become due and payable; and

an electricity entity that is not solvent is insolvent.