Energy and Water Ombudsman Act 2006

This Act may be cited as the Energy and Water Ombudsman Act 2006.

This Act, other than the following provisions, commences on a day to be fixed by proclamation—

• part 1, heading

• section 3

• division 2

• part 9, heading and divisions 1 and 2

• the schedule.

The main purpose of this Act is to give—

relevant energy customers and relevant occupiers of land a timely, effective, independent and just way of—

referring disputes about particular matters involving energy entities and particular former energy entities; and

having the disputes investigated and resolved; and

small customers (water) a timely, effective, independent and just way of—

referring disputes about particular matters involving water entities; and

having the disputes investigated and resolved.

The dictionary in the schedule defines particular words used in this Act.

Each of the following is an energy Act—

• the Electricity Act 1994

• the Electricity—National Scheme (Queensland) Act 1997

• the Gas Supply Act 2003

• the National Electricity (Queensland) Law

• the National Gas (Queensland) Act 2008

• the National Gas (Queensland) Law

• the NERL (Qld).

A person is a small customer (energy) if, under an energy Act, the person is a small customer.

Also, a person is a small customer (energy) if—

the person is an exempt customer under the NERL (Qld), section 109; and

a condition is imposed under the NERL (Qld) on the exempt seller who sells energy to the customer that the seller complies with this Act to the extent it applies to the seller.

However, a customer at street lighting premises under the NERL (Qld) is not a small customer (energy) for the premises.

A person is a small customer (water) if the person is a small customer under the customer water and wastewater code.

An eligible customer is a relevant energy customer or a small customer (water).

An eligible non-residential energy customer is a business customer who consumes electricity at business premises—

at or above the upper consumption threshold; and

at not more than 160MWh a year.

However, an eligible non-residential energy customer does not include the State or the Commonwealth.

In this section—

business customer see the NERL (Qld).

business premises see the NERL (Qld).

upper consumption threshold means the upper consumption level under the NERL (Qld).

A relevant energy customer is—

a small customer (energy); or

an eligible non-residential energy customer; or

a person who, under an energy Act, is supplied energy by a prescribed energy entity.

However, a person who, under an energy Act, is a receiver of an on-supplier, who is not a prescribed energy entity, for premises is not a relevant energy customer in relation to the premises unless the person is—

a small customer under an energy Act in relation to the premises; or

an eligible non-residential energy customer in relation to the premises.

An energy entity is—

a distributor; or

a retailer; or

a special approval holder whose special approval authorises the holder to provide customer connection services under the Electricity Act 1994; or

an exempt seller; or

a prescribed energy entity.

A prescribed energy entity is an exempt seller or another entity prescribed to be an energy entity by regulation.

A water entity is—

a distributor-retailer; or

the Gold Coast City Council, Logan City Council or Redland City Council (each a withdrawn council).