Electricity Act 1996

This

Act may be cited as the Electricity

Act 1996.

The objects of this Act are—

to promote efficiency and competition in the electricity supply industry; and

to promote the establishment and maintenance of a safe and efficient system of electricity generation, transmission, distribution and supply; and

to establish and enforce proper standards of safety, reliability and quality in the electricity supply industry; and

to establish and enforce proper safety and technical standards for electrical installations (including such standards relating to the design of electrical installations); and

to protect the interests of consumers of electricity.

In this Act, unless the contrary intention appears—

AEMO means the Australian Energy Market Operator Limited (ACN 072 010 327);

annual electricity consumption level means a level of consumption of electricity determined in accordance with the regulations (and the regulations may, for that purpose, make provision for the estimation or agreement of the level in specified circumstances);

authorised officer means a person appointed under Part

7 as an authorised officer;

bush fire means a fire that originates in, or spreads through, forest, scrub, grass or other vegetation;

bushfire risk area—see subsection (4);

Commission means the Essential Services Commission established under the

Essential

Services Commission Act 2002;

condition includes a limitation or restriction;

contravention includes a failure to comply;

council means a council within the meaning of the Local

Government Act 1999 and includes the Outback Areas Community Development Trust;

council officer means a person authorised by a council to exercise powers conferred on a council officer under this Act;

customer means a person who has a supply of electricity available from a transmission or distribution network for consumption by that person and includes—

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

where the context requires, a person seeking an electricity supply; and

a person of a class declared by regulation to be customers;

disconnect electricity supply includes a procedure to interrupt or discontinue the electricity supply to a customer;

electrical equipment means any electrical appliance or wires, fittings, equipment or accessories beyond an electrical outlet at which fixed wiring terminates;

electrical installation means a set of wires and associated fittings, equipment and accessories installed in a place for the conveyance, control, measurement or use of electricity that is, or is to be, or has been, supplied for consumption in the place, including anything declared by regulation to be or form part of an electrical installation, but does not include—

electricity infrastructure owned or operated by an electricity entity; or

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

anything declared by regulation not to be or form part of an electrical installation;

electricity entity means a person licensed under Part

3 to carry on operations in the electricity supply industry and includes (where the context requires) 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—

electricity generating plant; and

powerlines;

and

substations for converting, transforming or controlling electricity; and

equipment for metering, monitoring or controlling electricity; and

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

anything declared by regulation to form part of electricity infrastructure, but does not include anything declared by regulation not to form part of electricity infrastructure;

electricity officer means a person appointed under Part

4 as an electricity officer;

electricity supply industry means the industry involved in the generation, transmission, distribution, supply or sale of electricity or other operations of a kind prescribed by regulation;

employing authority means the person designated by proclamation as being the employing authority for the purposes of this definition;

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 regulation not to be generation of electricity;

install includes place;

internal switching manual means an internal manual relating to switching that—

the holder of a licence authorising the generation of electricity; or

the holder of a licence authorising the operation of a transmission or distribution network; or

the holder of a licence authorising system control over a power system;

or

a person exempted from the requirement to hold a licence of a kind referred to in paragraphs (a) to (c), is required (under the conditions of the licence or exemption) to prepare and maintain in accordance with the regulations for the purposes of safety in connection with switching relevant to the operations of the licence holder or person;

land includes—

an estate or interest in land (including an easement); or

a right or power over or in respect of land;

National

Electricity Rules means the National Electricity Rules as defined in the National

Electricity (South Australia) Law;

National

Electricity (South Australia) Law—see the Schedule of the National

Electricity (South Australia) Act 1996;

National

Energy Retail Rules means the National Energy Retail Rules as defined in the National

Energy Retail Law (South Australia);

naturally occurring vegetation means vegetation that has not been planted or nurtured by any person;

NERL retailer means—

a person who is the holder of a retailer authorisation under the

National

Energy Retail Law (South Australia);

or

an exempt seller within the meaning of the National

Energy Retail Law (South Australia);

network services means—

the transmission and distribution of electricity between electricity entities and from electricity entities to customers (including connection to a transmission or distribution network); and

controlling and regulating the quality of electricity;

non‑bushfire risk area means a part of the State not within the bushfire risk area;

nurture, in relation to vegetation, means actively assist the growth of the vegetation;

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

operations includes activities;

powerline means—

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

and

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 the generation, transmission and distribution of electricity or a part of such a system;

principles of vegetation clearance means the regulations dealing with the clearance of vegetation from, or the planting or nurturing of vegetation near, public and private powerlines;

private land means—

land alienated or contracted to be alienated from the Crown in fee simple;

or

land occupied under a lease or licence from the Crown; or

land dedicated to a particular purpose and placed under the care, control and management of any person (whether or not that person is a

Minister, agency or instrumentality of the Crown), except any such land vested in, or under the care, control or management of, a council and dedicated to, or held for, a public purpose;

private powerline means a powerline—

designed to convey electricity at a prescribed voltage or less; and

situated on, above or under private land for the purpose only of supplying electricity to some point on that land;

public powerline means any powerline except a private powerline;

regulated entity means—

an electricity entity; or

a

NERL retailer;

retailing of electricity means the sale of electricity to customers, but does not include an activity declared by regulation not to be retailing of electricity;

small customer means a customer with an annual electricity consumption level less than the number of MW.h per year specified by regulation for that purpose, or any customer classified by regulation as a small customer;

supply of electricity means the delivery of electricity to a customer;

system controller means a person licensed under Part

3 to exercise system control over a power system;

Technical

Regulator means the person holding the office of Technical Regulator under Part

2;

telecommunications means the transmission of telephonic, radio, computer, television or other signals;

transmission or distribution network means the whole or a part of a system for the transmission or distribution of electricity, but does not include anything declared by regulation not to be a transmission or distribution network or

part of a transmission or distribution network;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South

Australian Civil and Administrative Tribunal Act 2013;

vegetation clearance scheme means a vegetation clearance scheme agreed or determined under Part

5.

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

A proclamation made for the purposes of the definition of employing authority—

may apply by reference to a specified person, or by reference to the person for the time being holding or acting in a specified office or position; and

may, from time to time as the Governor thinks fit, be varied or substituted by a new proclamation.

For the purposes of this Act, the regulations may designate an area of the State to be the bushfire risk area.

This

Act binds the Crown.

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

For the purposes of this section, a reference to the Crown extends—

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

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.

This

Act is in addition to and does not derogate from the provisions of the National

Electricity (South Australia) Act 1996, the Environment

Protection Act 1993 or any other Act.

The

Services Commission Act 2002)—

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

if the Commission is appointed under the National Electricity Rules as the body to perform or exercise certain functions and powers—those functions and powers; and

any other functions and powers conferred by regulation under this Act.

If regulated entities are required (whether by licence condition or otherwise) to participate in an ombudsman scheme, the Commission must, in performing licensing functions under this Act, liaise with the ombudsman appointed under the scheme.

Without limiting subsection (1), the Governor may, by regulation, confer functions and powers on the

Commission, or vary the functions and powers of the Commission, as the Governor considers necessary or expedient for the purposes of the

National

Electricity (South Australia) Law,

National Electricity Rules, National

Energy Retail Law (South Australia) and National Energy Retail Rules.

In performing functions under this Act, the Commission must (in addition to having regard to factors specified in this Act or the Essential

Services Commission Act 2002) have regard to the provisions of the National Electricity Rules and

National Energy Retail Rules and the need to avoid duplication of, or inconsistency with, regulatory requirements under those Rules.

There is to be a Technical

Regulator.

The

Technical Regulator is to be appointed by the Minister and is an agency of the Crown.

The office of Technical Regulator may be held in conjunction with a position in the Public Service.

The

Minister may assign an employee in the Public Service to act as the

Technical Regulator—

during a vacancy in the office of Technical Regulator; or

when the Technical Regulator is absent from, or unable to discharge, official duties.

The

Technical Regulator has the following functions:

the monitoring and regulation of safety and technical standards in the electricity supply industry; and

the monitoring and regulation of safety and technical standards with respect to electrical installations; and

the administration of the provisions of this Act relating to the clearance of vegetation from powerlines; and

the monitoring and investigation of major interruptions to the electricity supply in the State and the provision of reports relating to such interruptions in accordance with any requirements prescribed by the regulations; and

any other functions prescribed by regulation or assigned to the

Technical Regulator by or under this or any other Act.

The

Technical Regulator may delegate powers to a person or body of persons that is, in the Technical Regulator's opinion, competent to exercise the relevant powers.

A delegation under this section—

must be in writing; and

may be conditional or unconditional; and

is revocable at will; and

does not prevent the delegator from acting in any matter.

The

Technical Regulator may, by written notice, require a person to give the Technical Regulator, within a time stated in the notice (which must be reasonable), information in the person's possession that the

Technical Regulator reasonably requires for the performance of the

Technical Regulator's functions (whether under this Act or any other

Act).

A person required to give information under this section must provide the information within the time stated in the notice.

Maximum penalty: $20 000.

Subject to subsection (4), a natural person is not required to give information under this section if the information would tend to incriminate the person of an offence.

If a natural person is required to give information under this section relating to the safety of electricity infrastructure, an electrical installation or electrical equipment, and the information would tend to incriminate the person of an offence, the person must nevertheless give the information, but the information so given will not be admissible in evidence against the person in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration).

The

7) that—

could affect the competitive position of an electricity entity or other person; or

is commercially sensitive for some other reason.

Despite subsection (1), the Technical Regulator may disclose confidential information in the following circumstances:

as reasonably required in connection with the administration or enforcement of this Act (including to the Minister, the Commission and persons assisting the Commission) or as otherwise related to the performance of the Technical Regulator's functions (whether under this Act or any other Act);

to a person concerned in the administration or enforcement of another law of the State, or a law of the Commonwealth or another State or a

Territory of the Commonwealth, for purposes related to the administration or operation of that other law;

to a government agency or instrumentality of this State, the

Commonwealth or another State or Territory of the Commonwealth for purposes related to the performance of its functions (or to a person acting on behalf of such a government agency or instrumentality);

with the consent of the person who gave the information or to whom the information relates;

as required by a court or tribunal constituted by law;

as authorised by the Minister.

Information classified by the Technical Regulator as confidential is not liable to disclosure under the Freedom of Information Act 1991.

The

Technical Regulator must, within three months after the end of each financial year, deliver to the Minister a report on the Technical

Regulator's operations under this Act during that financial year.

The

Minister must cause a copy of the report to be laid before both

Houses of Parliament within 12 sitting days after his or her receipt of the report.