Electricity Industry Act 2004

The regulations may prescribe —

an activity as an alternative electricity service; or

a class of activities as a class of alternative electricity service.

The regulations may regulate the provision of an alternative electricity service or a class of alternative electricity service to any of the following —

small use customers or a class of small use customers;

customers or a class of customers other than small use customers;

all customers.

The regulations may prescribe requirements to be complied with in the provision of an alternative electricity service or a class of alternative electricity service.

The regulations may regulate the eligibility of a person or a class of persons to be granted a registration for an alternative electricity service or a class of alternative electricity service.

Without limiting subsection (1), an activity may include any of the following —

an activity that, in the absence of an exemption under section 8(1), would be required to be licensed under section 7;

an activity that relates to storage works;

an activity that relates to trading in, or monitoring or managing, the production, storage, consumption or use of electricity, whether directly or on behalf of another person;

an activity that relates to the collection, retention or use of data relating to the production, storage, consumption or use of electricity, whether directly or on behalf of another person;

any other activity that relates to the production, storage, transport, supply, consumption or use of electricity, including —

an activity provided on a metered or unmetered basis; or

an activity relating to electricity acquired or aggregated from 1 or more sites for the purpose of trading, sale or participation in the wholesale electricity market; or

an activity relating to the measurement, analysis, manipulation or use of data for commercial purposes; or

an activity involving electricity generated or stored on a site or sites owned or occupied by the person providing the service or otherwise; or

an activity relating to electricity provided through an embedded network or an unlicensed distribution system or by way of a stand‑alone power system.

For the purposes of subsection (5), an activity that relates to the consumption or use of electricity may include the consumption or use of electricity under an arrangement that is —

a membership scheme under which services are provided to the members of the scheme on payment of a membership fee and regular subscriptions; or

a financing, leasing, licensing or hire arrangement.

The regulations may provide that a class of activity is not an alternative electricity service for the purposes of this Act.