Electricity Industry (Network Quality and Reliability of Supply) Code 2005

A transmitter or distributor may apply to the Minister for —

an exemption from compliance with a provision of this Part; and

the replacement of that provision by another provision to be complied with by the transmitter or distributor in the supply of electricity.

An application under subsection (1) must be referred to the Authority for its advice.

If, having regard to the advice of the Authority, the Minister is satisfied that it is appropriate to do so, the Minister may by instrument —

exempt the transmitter or distributor from compliance with the provision concerned; and

attach to the exemption a condition that another provision, in place of the provision for which an exemption is granted, is to be complied with by the transmitter or distributor in the supply of electricity.

An exemption may be expressed to apply —

generally; or

only in respect of a specified area, or a specified part of an area, to which the transmitter’s or distributor’s licence applies.

An instrument under subsection (3) may provide for circumstances in which, and conditions (additional to that mentioned in subsection (3)(b)) subject to which, an exemption is to apply.

An exemption is of no effect at any time when a condition to which it is subject is not being observed.

The Minister may at any time, after obtaining the advice of the Authority, by notice in writing to the transmitter or distributor, revoke or vary an instrument under subsection (3), including by imposing any further condition to be complied with by the transmitter or distributor.

A transmitter or distributor to which an instrument under subsection (3) applies must, on request by a customer of the transmitter or distributor who is or may be affected by the operation of the instrument, provide the customer, free of charge, with a copy of the instrument and of any notice given under subsection (7).