Electricity Regulation 2006


Queensland Crest
Electricity Regulation 2006

Chapter 1 Preliminary

1Short title

This regulation may be cited as the Electricity Regulation 2006.

2Commencement

This regulation commences on 1 September 2006.

3Definitions

The dictionary in schedule 9 defines particular words used in this regulation.

4Purposes

The main purposes of this regulation are to—
(a)ensure a secure, efficient and economic supply of electricity to customers on fair and reasonable terms; and
(b)ensure customers’ interests are adequately protected; and
(c)provide for the proper measurement of the energy efficiency and performance of electrical equipment; and
(d)inform the public about the energy efficiency and performance of electrical equipment; and
(e)prescribe particular conditions of employment for employees in the GOE industry.

5How purposes are to be achieved

The purposes of this regulation are to be achieved mainly by—
(a)prescribing standards and procedures for the design, building and maintenance of electric lines and works; and
(d)prescribing standards and procedures for measuring energy efficiency and the performance of electrical equipment; and
(e)providing for the registration and labelling of electrical equipment; and
(f)providing for continuity of service for leave purposes for employees transferring within the GOE industry; and
(g)providing for long service leave and locality allowance entitlements for GOE industry employees; and
(h)providing for award conditions and entitlements of employment for State electricity entities and their electricity industry employees.

s 5 amd 2014 SL No. 338 s 6

6Words have the same meaning as in wiring rules

(1)Words and expressions used in the wiring rules have the same respective meanings in this regulation.
(2)However, for this regulation, the expression ‘point of supply’ in the wiring rules has the same meaning as ‘consumers terminals’ has in this regulation.

7Way of describing electrical articles and appliances

An electrical article or appliance or type of electrical article or appliance may be described by reference to its model or in any other way.

Chapter 2 Technical requirements

Part 1 Preliminary

8Application of ch 2

(1)This chapter does not apply to—
(a)an electric line or works within the limits of a mine; or
(b)petroleum plant.
(2)In this section—
mine means—
(a)a coal mine within the meaning of the Coal Mining Safety and Health Act 1999; or
(b)a mine within the meaning of the Mining and Quarrying Safety and Health Act 1999.
petroleum plant means private plant or an electrical installation, subject to inspection under the Petroleum and Gas (Production and Safety) Act 2004.
private plant means generating plant not used by an electricity entity or special approval holder in accordance with an authority or special approval.

Part 2 Design, building and maintenance of electric lines and works

Division 1 Compliance with part

9Compliance with this part

A person who designs, builds, maintains or operates an electric line or works must ensure the provisions of this part relevant to the line or works are complied with.

Maximum penalty—20 penalty units.

Division 2 Earthing, frequency and voltage

10Systems of earthing

The system of earthing used by an electricity entity for low voltage supply to customers must be the multiple earthed neutral system, or, if that system is not effective, another suitable system that complies with the wiring rules.

11Supply at low voltage

(1)Electricity for general supply must be alternating current having a nominal frequency of 50Hz.
(2)The standard voltage for the supply, before 27 October 2018, of electricity at low voltage from a 3-phase system is—
(a)between a phase conductor and a neutral conductor—
(i)the nominal voltage stated for the system in AS 60038; or
(ii)240V; and
(b)between 2 phase conductors—
(i)the nominal voltage stated for the system in AS 60038; or
(ii)415V.
(3)The standard voltage for the supply, before 27 October 2018, of electricity at low voltage from a single phase system is—
(a)between a phase conductor and a neutral conductor—
(i)the nominal voltage stated for the system in AS 60038; or
(ii)240V; and
(b)between the phase conductors—
(i)the nominal voltage stated for the system in AS 60038; or
(ii)480V.
(4)The standard voltage for the supply, on or after 27 October 2018, of electricity at low voltage from a 3-phase system or a single phase system is the nominal voltage stated for the system in AS 60038.

s 11 amd 2017 SL No. 223 s 3

12Supply at high voltage

If an electricity entity agrees with a customer to supply electricity to the customer at high voltage, the agreed voltage is the standard voltage for the supply.

13Changes of voltage at customer’s consumers terminals

(1)Supply of electricity by an electricity entity to a customer must be maintained at the standard voltage for the supply mentioned in section 11 or 12.
(2)For the supply of electricity at low voltage before 27 October 2018, the supply is taken to be maintained at the standard voltage for the supply if the voltage at a customer’s consumers terminals—
(a)for the standard voltage mentioned in section 11(2)(a)(i) or (b)(i) or (3)(a)(i) or (b)(i)—does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038; or
(b)for the standard voltage mentioned in section 11(2)(a)(ii) or (b)(ii) or (3)(a)(ii) or (b)(ii)—is no more than 6% more or less than the standard voltage.
(3)For the supply of electricity at low voltage on or after 27 October 2018, the supply is taken to be maintained at the standard voltage for the supply if the voltage at a customer’s consumers terminals—
(a)for supply before 1 July 2020—does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038; or
(b)otherwise—
(i)is within the minimum preferred steady state median voltage and the maximum preferred steady state median voltage stated in AS 61000; or
(ii)if the voltage can not be maintained under subparagraph (i)—does not differ from the standard voltage by more than the percentage stated for the supply voltage range in AS 60038.
(4)The supply of electricity at high voltage is taken to be maintained at the standard voltage for the supply if the voltage at a customer’s consumers terminals is—
(a)for the supply of electricity at a voltage of 22,000V or less—no more than 5% more or less than the standard voltage; or
(b)for the supply of electricity at a voltage more than 22,000V—within the margin agreed between the electricity entity and the customer.
(5)For measuring the voltage at a customer’s consumers terminals for subsection (2), (3) or (4), the methodology for the measurement of steady state voltage stated in AS 61000 must be used.
(6)In this section—
AS 61000 means AS 61000.3.100 (Limits—Steady state voltage limits in public electricity systems) as in force from time to time.

s 13 amd 2017 SL No. 223 s 4

Division 3 Service lines

14Service lines on customer’s premises—electricity entity’s obligations

(1)An electricity entity must, in accordance with recognised practice in the electricity industry—
(a)decide the route, termination point, number of phases, lengths, type and size of its service lines; and
(b)provide and install or arrange for the provision and installation of its service lines.
(2)The electricity entity must—
(a)if requested by a customer to connect a service line that is a standard control service—meet the cost of providing and installing the service line to the customer’s premises; or
(b)if requested by a customer to provide and install or arrange for the provision and installation of a service line that is not a standard control service—provide and install or arrange for the provision and installation of the service line to the customer’s premises at the customer’s expense.
(3)However, the maximum length of a service line required to be provided and installed within a customer’s premises by an electricity entity at the electricity entity’s cost is—
(a)20m for an overhead service line; or
(b)7m for an underground service line.
(4)Also, subsections (1)(b), (2)(a) and (3) apply only to the provision and installation of 1 initial service line that is a standard control service at particular premises, whether before or after the commencement of this section.

Example—

Subsection (1)(b) does not apply if a customer requires an additional service line, or the upgrading of the existing service line, at the customer’s premises to operate 3-phase air-conditioning equipment.
(5)For subsections (1) and (3), a service line must be measured from the customer’s property alignment or, if the line does not cross the property alignment, the point of origin of the service line.

s 14 amd 2011 SL No. 255 s 3

15Service lines on customer’s premises—customer’s obligations

(1)A customer must provide and maintain, free of cost to an electricity entity, the facilities the entity reasonably decides are necessary to attach an overhead service line to the customer’s premises or for the entrance, support, protection and termination of an underground service line.

Examples of facilities that may be provided by a customer—

a service riser bracket
timber backing for the electricity entity’s ‘J’ hook
(2)The customer must provide access for the entity to install, test, maintain or take away its service line without hindrance or obstruction.
(3)The customer must pay the reasonable cost of a service line provided, unless—
(a)the service line is a standard control service; and
(b)the line is an initial service line to the customer’s premises.

s 15 amd 2011 SL No. 255 s 4

Division 4 Maintenance of works

16Maintenance of works

An electricity entity must, in accordance with recognised practice in the electricity industry, periodically inspect and maintain its works to ensure the works remain in good working order and condition.

17Clearing, lopping and pruning of trees on non-freehold land

(1)An electricity entity may clear, lop or prune trees growing on non-freehold land if—
(a)it is necessary to do so to build, maintain or operate an electric line or works on the land; and
(b)the entity holds the benefit of an easement, licence or other agreement in relation to the line or works.
(2)Subsection (1) applies—
(a)whether or not the easement, licence or agreement authorises the clearing, lopping or pruning; and
(b)subject to—
(i)the conditions of the easement, licence or agreement; and
(ii)section 18.
(3)To the extent a local planning instrument or a local law is inconsistent with subsection (1), the local planning instrument or local law is of no effect.
(4)In this section—
local planning instrument means a local planning instrument under the Planning Act 2016.
trees see the Forestry Act 1959.

s 17 amd 2009 SL No. 280 s 66; 2017 SL No. 103 s 39

Division 5 Works on publicly controlled places

18Notice to be given to public entity

(1)This section applies if an electricity entity intends to take action mentioned in subsection (2) in a publicly controlled place unless—
(a)the action is an action authorised under sections 140 to 141 of the Act; and
(b)the entity complies with the section in relation to the entry to the place and the taking of the action.
(2)The action is—
(a)opening or breaking up the soil or pavement of the place; or
(b)clearing, lopping or pruning a tree or other vegetation growing in or over the place, other than for routine maintenance; or
(c)opening or breaking up a sewer, drain or tunnel in or under the place; or
(d)temporarily stopping or diverting traffic on or from the place; or
(e)building a drain, excavation, subway or tunnel in or under the place.
(3)The electricity entity must give at least 14 days written or oral notice of its intention to the public entity that has control of the publicly controlled place unless the notice is given in accordance with another period of notice agreed between the entities.
(4)However, subsection (5) applies if, in the electricity entity’s opinion, there is an emergency in which—
(a)there is an actual or a potential danger to persons or property; or
(b)the supply of electricity to a customer has been interrupted.
(5)If this subsection applies, the electricity entity may act under section 101 of the Act to remedy a defect, eliminate an actual or potential danger or restore the supply of electricity to a customer, without first giving the notice under subsection (3).
(6)If the electricity entity acts under subsection (5), it must give the notice mentioned in subsection (3) as soon as practicable.

s 18 amd 2009 SL No. 172 s 4

19Electricity entity must comply with public entity’s requirements

(1)If an electricity entity goes on a publicly controlled place to take action for which notice must be given under section 18, the public entity that has control of the place may require the electricity entity to act on the days and at the times the public entity reasonably requires.
(2)The electricity entity must comply with a reasonable requirement by the public entity under subsection (1).

20Guarding of work on publicly controlled place

(1)An electricity entity that has opened or broken up a publicly controlled place must, at all times while the place is opened or broken up, ensure—
(a)it is barricaded and guarded; and
(b)signs and lights sufficient for the warning and guidance of traffic, including pedestrians, are set up and maintained against or near the place where it is opened or broken up.
(2)If required by the public entity, the electricity entity must also set up and maintain additional warning or protection devices to safeguard the public whether before or during the work.

21Restoration of publicly controlled place

(1)An electricity entity that has opened or broken up a publicly controlled place must—
(a)with all convenient speed, finish the work; and
(b)on finishing the work, take away from the place all plant, materials and equipment not built into the work; and
(c)restore, as far as practicable, the place where the work was carried out and leave it tidy.
(2)The way action under subsection (1) is to be carried out by or for the electricity entity is as agreed between the electricity entity and the public entity controlling the place and in accordance with reasonable conditions and requirements stated by the public entity.

22Electricity entity to keep publicly controlled place in good repair after work

(1)An electricity entity must keep a publicly controlled place that has been opened or broken up and restored by it in good repair—
(a)for 3 months after restoring the place; and
(b)if the ground subsides and continues to subside—for up to a further 9 months.
(2)The way maintenance work is to be carried out by or for the electricity entity is as agreed between the electricity entity and the public entity that controls the place.

23Warning signs on roads

If an electricity entity or its contractor is building or maintaining an electric line or other works on a road, signs and lights set up and maintained by the entity and its contractor to safeguard the public must be the appropriate official traffic signs under the Transport Operations (Road Use Management) Act 1995.

Part 3 Customers’ electrical installations

24Installation and operation of electric line beyond person’s property

(1)A person may install and operate, on a place beyond the person’s property (including on a publicly controlled place), a low voltage electric line forming part of the person’s electrical installation if—
(a)the person has consulted with all entities who may have an interest in the proposed location of the electric line; and
(b)the entities have stated in writing that they have no objection to the installation or operation of the electric line; and
(c)the installation and operation of the electric line is not likely to cause a fire or a person to suffer an electric shock.
(2)The entities to be consulted include—
(a)the relevant supplier; and
(b)for a publicly controlled place—the local government or other entity with responsibility for the place; and
(c)for a place other than a publicly controlled place—the owner and each lessee or occupier of the place.
(3)The electric line must be installed in accordance with—
(a)the wiring rules; and
(b)any requirement or condition imposed by an entity consulted.
(4)If an electric line forming part of a person’s electrical installation is installed on a place contrary to this section, the regulator may direct the person to take away the electric line, at the person’s expense.
(5)The regulator must give the person a QCAT information notice about the decision to give the direction.
(6)If the person does not comply with the direction, the regulator may take away the electric line and recover the cost of the removal from the person as a debt payable to the State.
(7)A person who complies with subsections (1) to (3) about an electric line does not need an authority or special approval under the Act to install or operate the line.

s 24 amd 2009 Act No. 24 s 450

25Power factor

A customer must comply with any requirement of its supplier made of the customer under section 36 about the power factor of an electrical installation.

Note—

See section 37 for what action the distribution entity may take if the customer does not comply with the requirement.

26Prevention of interference by motor installations and associated starting devices

A person may connect a motor installation or associated starting device only if it is designed and operated to comply with any requirements of the regulator to prevent interference with supply of electricity to other customers.

Note—

See sections 36 and 37 for what action a distribution entity may take if the distribution entity considers the installation or device interferes, or is likely to interfere, with the supply of electricity to other customers.

27Interference with supply of electricity

A customer must not use electricity or an electrical article so the supply of electricity to other customers of the supplier who supplies the electricity is unreasonably interfered with.

Note—

See sections 36 and 37 for what action a distribution entity may take if the distribution entity considers the installation or device interferes, or is likely to interfere, with the supply of electricity to other customers.

28Customer’s generating plant for interconnection to supply network

(1)A customer must not install generating plant for interconnection with a supplier’s supply network without the supplier’s agreement.

Maximum penalty—20 penalty units.

(2)The agreement must include the conditions for securing safe and stable parallel operation of the supply network and the generating plant.

29Requirement for circuit-breaker

(1)If required by the relevant supplier, a customer must ensure the customer’s electrical installation has a circuit-breaker as a main switch or a circuit-breaker instead of a fuse as part of the installation.

Maximum penalty—20 penalty units.

(2)However, the customer may choose whether to have a circuit-breaker as a main switch or a circuit-breaker instead of a fuse if the relevant supplier does not state which is required.

30Coordination of customer’s protection devices with electricity entity’s protection system

(1)An electricity entity may cause the characteristics of a customer’s protection device to be changed and tested to maintain discrimination between the customer’s protection equipment and the electricity entity’s protection system.
(2)The electricity entity may seal the adjusted protection equipment.
(3)A person must not unlawfully break or otherwise interfere with the seal.

Maximum penalty for subsection (3)—20 penalty units.

Part 4 Qualifying customers’ small photovoltaic generators

pt hdg ins 2012 SL No. 211 s 3

amd 2014 SL No. 338 s 7

30AAPrescribed credit amount for credit for electricity produced by small photovoltaic generators

(1)For section 44A(1)(b) of the Act, the prescribed credit amount for a qualifying customer for a premises who, before 10 July 2012, lodged with a distribution entity a completed application to connect 1 qualifying generator at the premises to its supply network is $0.44 for each kilowatt hour.
(2)A qualifying customer mentioned in subsection (1) is a category 1 qualifying customer.

s 30AA ins 2012 SL No. 99 s 3

amd 2012 SL No. 211 s 4

sub 2014 SL No. 94 s 4

amd 2014 SL No. 338 s 8

30ABWhen a qualifying customer stops being entitled to be credited with prescribed credit amount for a category 1 qualifying customer

(1)A qualifying customer stops being entitled to be credited with the prescribed credit amount under section 44A(1)(b) of the Act for a category 1 qualifying customer in relation to a qualifying generator that is connected to a distribution entity’s supply network if the name on the electricity account for the premises is changed to another person.

Example of when the name on an electricity account may be changed—

The premises are sold or rented out.
(2)Subsection (1) does not apply if the qualifying customer’s spouse was a category 1 qualifying customer for the premises immediately before the qualifying customer became a qualifying customer for the premises.
(3)A qualifying customer also stops being entitled to be credited with the prescribed credit amount under section 44A(1)(b) of the Act for a category 1 qualifying customer if—
(a)no qualifying generator has been connected at the qualifying customer’s premises to a distribution entity’s supply network by the end of 30 June 2013; or
(b)no qualifying generator is ready to be connected at the qualifying customer’s premises to a distribution entity’s supply network by the end of 30 June 2013.

s 30AB ins 2012 SL No. 211 s 5

amd 2014 SL No. 94 s 5; 2014 SL No. 338 s 9

30AC[Repealed]

s 30AC ins 2014 SL No. 94 s 6

om 2014 SL No. 338 s 10

Chapter 3 Electricity supply and sale to customers

Part 1A [Repealed]

pt hdg ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

Division 1 [Repealed]

div hdg ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

Subdivision 1 [Repealed]

sdiv hdg ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30A[Repealed]

s 30A ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30B[Repealed]

s 30B ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

Subdivision 2 [Repealed]

sdiv hdg ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30C[Repealed]

s 30C ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30D[Repealed]

s 30D ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30E[Repealed]

s 30E ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

Subdivision 3 [Repealed]

sdiv hdg ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30F[Repealed]

s 30F ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30G[Repealed]

s 30G ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30H[Repealed]

s 30H ins 2007 SL No. 122 s 4

amd 2009 Act No. 24 s 451

om 2014 SL No. 338 s 11

Subdivision 4 [Repealed]

sdiv hdg ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30I[Repealed]

s 30I ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30J[Repealed]

s 30J ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30K[Repealed]

s 30K ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30L[Repealed]

s 30L ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30M[Repealed]

s 30M ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

Subdivision 5 [Repealed]

sdiv hdg ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30N[Repealed]

s 30N ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30O[Repealed]

s 30O ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30P[Repealed]

s 30P ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30Q[Repealed]

s 30Q ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30R[Repealed]

s 30R ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30S[Repealed]

s 30S ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30T[Repealed]

s 30T ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

Division 2 [Repealed]

div hdg ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30U[Repealed]

s 30U ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30V[Repealed]

s 30V ins 2007 SL No. 122 s 4

amd 2008 SL No. 193 s 4; 2009 SL No. 255 s 3; 2012 SL No. 93 s 4

om 2014 SL No. 338 s 11

30W[Repealed]

s 30W ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30X[Repealed]

s 30X ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30Y[Repealed]

s 30Y ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

30Z[Repealed]

s 30Z ins 2007 SL No. 122 s 4

om 2014 SL No. 338 s 11

31[Repealed]

s 31 om 2007 SL No. 122 s 5

32[Repealed]

s 32 om 2007 SL No. 122 s 5

33[Repealed]

s 33 om 2007 SL No. 122 s 5

34[Repealed]

s 34 amd 2007 SL No. 122 s 6

om 2014 SL No. 338 s 12

35[Repealed]

s 35 om 2007 SL No. 122 s 7

Part 1 Distribution entities and metering coordinators

pt hdg amd 2018 SL No. 1 s 4

Division 1 Obligations of distribution entities and customers

36Regulating customer’s use etc. of electricity

(1)This section applies if, in the distribution entity’s opinion—
(a)the use or intended use of an electrical article by a customer unreasonably interferes, or is likely to unreasonably interfere, with the entity’s supply of electricity to other customers; or
(b)a customer uses or deals with electricity so the supply of electricity to other customers is, or is likely to be, unreasonably interfered with; or
(c)a customer’s motor installation or associated starting device interferes, or is likely to interfere, with supply of electricity to other customers; or
(d)it is necessary to regulate the power factor of a customer’s electrical installation.
(2)The entity may, by written notice to the customer, require the customer to—
(a)regulate the use of the electrical article; or
(b)use or deal with electricity supplied in a stated way; or
(c)ensure a motor installation or starting device connected to a source of electricity supply complies with the requirements of the regulator under section 26; or
(d)ensure the power factor of an electrical installation measured over any 30 minutes at the customer’s consumers terminals—
(i)for low voltage supply to the customer—
(A)is at least 0.8 lagging; and
(B)is not a leading power factor unless the entity agrees; or
(ii)for high voltage supply to the customer—is within the range stated in the National Electricity Rules, schedule 5.3.5.

Editor’s note—

National Electricity Rules, schedule 5.3.5 (Power factor requirements)
(3)The notice must state when it must be complied with.
(4)The notice must be accompanied by or include an information notice about the decision.

37Action if notice not complied with

If a customer does not comply with a notice under section 36, the distribution entity may—
(a)refuse to provide customer connection services to the customer’s electrical installation until the customer complies with the notice; or
(b)if the customer agrees to comply with the entity’s requirements—provide the service.

Division 2 Meter and control apparatus requirements for premises

div hdg sub 2007 SL No. 122 s 8

38Application of div 2

This division applies to the supply of electricity to a particular customer’s premises.

s 38 sub 2007 SL No. 122 s 8

39Who is the metering coordinator

In this division, the metering coordinator is the person who, under the National Electricity Rules or a distribution network code, is the party responsible for the metering installation for the premises.

s 39 sub 2007 SL No. 122 s 8

amd 2014 SL No. 338 s 13 (1)

sub 2018 SL No. 1 s 5

40Customer to change electrical installation for meter connection

(1)The metering coordinator may require the customer to make changes to the customer’s electrical installation at the premises that are necessary to allow connection of a meter at the premises.
(2)Subsection (1) does not apply if—
(a)the meter is a replacement meter proposed to be installed as part of a new meter deployment by the metering coordinator and the customer has opted out of the new meter deployment under the National Energy Retail Rules, rule 59A; or
(b)the meter is part of a new or replacement type 4 metering installation proposed to be installed by the metering coordinator and the customer has communicated the customer’s refusal of the installation under the National Electricity Rules, rule 7.8.4(e).
(3)In this section—
new meter deployment has the meaning given by the National Energy Retail Rules.
type 4 metering installation has the meaning given by the National Electricity Rules.

s 40 sub 2007 SL No. 122 s 8

amd 2014 SL No. 338 s 14; 2018 SL No. 1 s 6

41Customer to provide links connecting meter to incoming supply

(1)If the metering coordinator so requires, the customer must provide suitable links for connecting meters to an incoming electricity supply to the premises.
(2)However, the requirement may be made for a single meter only if—
(a)the meter is being, or is proposed to be, installed; or
(b)the customer is making, or is proposing to make, a substantial change to the meter or a substantial change to the premises that relates to the meter.

Examples—

relocation of the meter
replacement of the mounting for the meter
rewiring of the premises
(3)The metering coordinator may seal the links.

s 41 sub 2007 SL No. 122 s 8

amd 2014 SL No. 338 s 15; 2018 SL No. 1 s 7

42No breaking or interfering with meter seal

(1)This section applies if the metering coordinator has provided a meter or links for the premises and there is a seal on the meter or links.
(2)A person (the first person) must not break or interfere with the seal unless the metering coordinator has permitted the first person to do so.

Maximum penalty—20 penalty units.

s 42 sub 2007 SL No. 122 s 8

amd 2018 SL No. 1 s 8

43No breaking or interfering with network device seal

(1)This section applies if a distribution entity for the premises has provided a network device for the premises and there is a seal on the device.
(2)A person must not break or interfere with the seal unless the distribution entity has permitted the person to do so.

Maximum penalty—20 penalty units.

s 43 sub 2007 SL No. 122 s 8

amd 2018 SL No. 1 s 9

44Placing meter or network device on customer’s premises

(1)The customer must, at the customer’s expense—
(a)provide at the premises space, housing, mounting and connecting facilities for each meter and network device provided by the metering coordinator or distribution entity for the premises; and
(b)maintain the facilities in a safe and sound condition.
(2)The facilities must be in a position that meets the reasonable requirements of—
(a)for a meter—the metering coordinator; or
(b)for a network device—the distribution entity for the premises.

s 44 sub 2007 SL No. 122 s 8

amd 2014 SL No. 338 s 16; 2018 SL No. 1 s 10

45Change of placement if building changes or works

(1)This section applies if, because of building changes or similar works, the position of a meter or a network device at the premises no longer meets requirements made under section 44(2).
(2)The customer must, at the customer’s expense—
(a)provide space, housing, mounting and connecting facilities in another position at the premises that meets the reasonable requirements of—
(i)for the meter—the metering coordinator; or
(ii)for the network device—the distribution entity for the premises; and
(b)arrange for relocation to the other position by—
(i)for the meter—the metering coordinator; or
(ii)for the network device—the distribution entity.

s 45 sub 2007 SL No. 122 s 8

amd 2014 SL No. 338 s 17; 2018 SL No. 1 s 11

46Customers to provide safe access

(1)This section applies if the customer does not provide safe access at any reasonable time to read a meter and install, test, maintain or take away the supplier’s works without hindrance or obstruction to—
(a)the distribution entity for the premises, a special approval holder, the metering coordinator or the customer’s retailer (the relevant entity); or
(b)an electricity officer of a relevant entity; or
(c)a person authorised by a relevant entity.
(2)The relevant entity may, by written notice to the customer, require the customer to provide the access within a stated period of at least 1 month.
(3)If the customer does not comply with the notice, the relevant entity may install alternative metering or other equipment to enable consumption to be measured by remote or other suitable ways.
(4)Subsection (3) does not limit or otherwise affect another remedy the relevant entity has against the customer.
(5)The relevant entity may recover from the customer as a debt its costs reasonably incurred in acting under subsection (3).

s 46 sub 2007 SL No. 122 s 8

amd 2018 SL No. 1 s 12

47[Repealed]

s 47 om 2007 SL No. 122 s 8

48[Repealed]

s 48 om 2007 SL No. 122 s 8

49[Repealed]

s 49 om 2007 SL No. 122 s 8

50[Repealed]

s 50 om 2007 SL No. 122 s 8

51[Repealed]

s 51 om 2007 SL No. 122 s 8

52[Repealed]

s 52 om 2007 SL No. 122 s 8

53[Repealed]

s 53 om 2007 SL No. 122 s 8

54[Repealed]

s 54 om 2007 SL No. 122 s 8

55[Repealed]

s 55 om 2007 SL No. 122 s 8

56[Repealed]

s 56 om 2007 SL No. 122 s 8

Division 3 Substations on customers’ premises

57Application of div 3

(1)This division applies if the supply of electricity required by customers in premises is more than, or is reasonably estimated by the distribution entity to be more than, a total maximum demand of 100kV.A worked out under the wiring rules.
(2)This division also applies to supply of electricity to customers in premises if the regulator, in special circumstances, approves its application.

58Meaning of owner in div 3

In this division—
owner, of premises, includes a person who is the proprietor, lessee or occupier of the premises or part of the premises.

59Owner to provide space for substation

(1)This section applies if, to meet an existing or likely demand for supply of electricity by customers who are, or in the future may be, in premises, the distribution entity reasonably considers it is necessary to install a substation on the premises.
(2)The entity may require the owner of the premises to—
(a)provide, free of cost to the entity, the space for a substation; and
(b)give a right of way to the entity for its electric lines and cables to and from the substation; and
(c)provide to the entity, or persons authorised by it, access to the entity’s equipment on the premises at all times to allow the entity to install, maintain or take away its equipment without hindrance or obstruction.
(3)The owner must also provide permanent handling facilities, segregated access passageways or ventilating ducts if they are needed because of the location the owner proposes to provide for the substation.
(4)An owner who provides space for a substation under this section must—
(a)maintain the floor or foundation, walls or enclosure, ceiling and access door of the space in sound condition; and
(b)repair damage to or deterioration of the space, other than damage or deterioration directly attributable to the use of the space by the entity.
(5)Repairs must be done within the time and to the extent reasonably directed by the entity.
(6)If the owner does not comply with subsection (4), the entity may—
(a)do anything necessary to carry out the maintenance or repair; and
(b)recover from the owner as a debt the reasonable costs of anything done by the entity under paragraph (a).
(7)In this section—
space, for a substation, means—
(a)necessary or suitable floor or foundation, walls or enclosure, ceiling and access doors in the part of the premises where the substation is to be located and installed, with the walls or enclosure, ceiling and access doors being suitably painted; and
(b)necessary or suitable places for entry and exit of electric lines and cables for the substation; and
(c)if required by the distribution entity—suitable lighting and general power outlets.

60Supply to other customers from substation

(1)A distribution entity may only use an electric line or equipment installed by it on premises under this division for providing customer connection services to customers outside the premises if the owner of the premises agrees.
(2)If the agreement is given, it continues in force while the substation is still being used to supply electricity to the premises.
(3)Subsection (2) applies even if the total maximum demand for the electricity is less than the amount mentioned in section 57(1).

61Limitation of compensation

Unless agreed between the owner and the distribution entity, an owner of premises for a substation is not entitled to compensation from the distribution entity for—
(a)the installation of the substation; or
(b)complying with a requirement under section 59; or
(c)carrying out an obligation imposed on the owner under section 59; or
(d)agreeing under section 60 for the substation to be used for the purpose of supplying customers outside the premises, other than reasonable compensation for any additional space, over and above the space used to supply customers on the premises, occupied by the substation for that purpose.

62Taking away distribution entity’s equipment

(1)If supply of electricity to an owner’s premises is no longer needed, the distribution entity must, within a reasonable period, take away, at its own cost, its electric lines, cables and equipment from the premises if the owner asks.
(2)Subsection (3) applies if the electric lines, cables and equipment are, under section 60, used to supply electricity to customers not on the premises.
(3)In deciding what is a reasonable period for subsection (1), regard must be had to whether the period is enough to allow the distribution entity to provide an alternative supply of electricity to the customers mentioned in subsection (2).

Division 4 [Repealed]

div hdg amd 2007 SL No. 122 s 9

om 2014 SL No. 338 s 18

63[Repealed]

s 63 amd 2007 SL No. 122 s 10; 2010 SL No. 116 s 7

om 2014 SL No. 338 s 18

64[Repealed]

s 64 sub 2007 SL No. 122 s 11

om 2014 SL No. 338 s 18

65[Repealed]

s 65 amd 2007 SL No. 122 s 12

om 2014 SL No. 338 s 18

66[Repealed]

s 66 amd 2007 SL No. 122 s 13

om 2014 SL No. 338 s 18

Part 2 [Repealed]

pt hdg om 2014 SL No. 338 s 19

ch 3 pt 2 div 1 hdg om 2007 SL No. 122 s 14

ch 3 pt 2 div 2 hdg om 2007 SL No. 122 s 17

ch 3 pt 2 div 3 hdg om 2007 SL No. 122 s 17

67[Repealed]

s 67 sub 2007 SL No. 122 s 15

om 2014 SL No. 338 s 19

68[Repealed]

s 68 om 2007 SL No. 122 s 15

69[Repealed]

s 69 om 2007 SL No. 122 s 15

70[Repealed]

s 70 om 2007 SL No. 122 s 15

71[Repealed]

s 71 amd 2007 SL No. 122 s 16

om 2014 SL No. 338 s 19

Part 3 [Repealed]

pt hdg ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

Division 1 [Repealed]

div hdg ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

Subdivision 1 [Repealed]

sdiv hdg ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

72[Repealed]

s 72 sub 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

73[Repealed]

s 73 sub 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

74[Repealed]

s 74 sub 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

Subdivision 2 [Repealed]

sdiv hdg ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

75[Repealed]

s 75 sub 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

76[Repealed]

s 76 sub 2007 SL No. 122 s 17

amd 2008 SL No. 194 s 3

sub 2010 SL No. 337 s 3

amd 2011 SL No. 42 s 3

om 2014 SL No. 338 s 20

76A[Repealed]

s 76A ins 2010 SL No. 337 s 3

amd 2011 SL No. 42 s 4

om 2014 SL No. 338 s 20

Subdivision 3 [Repealed]

sdiv hdg ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

77[Repealed]

s 77 sub 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

Division 1A [Repealed]

div 1A (ss 77A–77C) ins 2010 SL No. 337 s 4

om 2014 SL No. 338 s 20

77A[Repealed]

div 1A (ss 77A–77C) ins 2010 SL No. 337 s 4

om 2014 SL No. 338 s 20

77B[Repealed]

div 1A (ss 77A–77C) ins 2010 SL No. 337 s 4

om 2014 SL No. 338 s 20

77C[Repealed]

div 1A (ss 77A–77C) ins 2010 SL No. 337 s 4

om 2014 SL No. 338 s 20

Division 2 [Repealed]

div hdg ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

Subdivision 1 [Repealed]

sdiv hdg ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

78[Repealed]

s 78 sub 2007 SL No. 122 s 17

amd 2010 SL No. 337 s 5

om 2014 SL No. 338 s 20

79[Repealed]

s 79 sub 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

80[Repealed]

s 80 sub 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

Subdivision 2 [Repealed]

sdiv hdg ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

81[Repealed]

s 81 sub 2007 SL No. 122 s 17; 2010 SL No. 337 s 6

om 2014 SL No. 338 s 20

Subdivision 3 [Repealed]

sdiv hdg ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

82[Repealed]

s 82 sub 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

83[Repealed]

s 83 sub 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

84[Repealed]

s 84 sub 2007 SL No. 122 s 17

amd 2008 SL No. 193 s 5; 2010 SL No. 116 s 8; 2013 SL No. 105 s 4

om 2014 SL No. 338 s 20

85[Repealed]

s 85 sub 2007 SL No. 122 s 17

om 2010 SL No. 337 s 7

Subdivision 4 [Repealed]

sdiv hdg ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

86[Repealed]

s 86 sub 2007 SL No. 122 s 17

amd 2009 SL No. 83 s 3

om 2014 SL No. 338 s 20

87[Repealed]

s 87 sub 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

Division 3 [Repealed]

div hdg ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

87A[Repealed]

s 87A ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

87B[Repealed]

s 87B ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

87C[Repealed]

s 87C ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

87D[Repealed]

s 87D ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

87E[Repealed]

s 87E ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

87F[Repealed]

s 87F ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

Division 3A [Repealed]

div hdg ins 2010 SL No. 337 s 8

om 2014 SL No. 338 s 20

Subdivision 1 [Repealed]

sdiv 1 (ss 87FA–87FB) ins 2010 SL No. 337 s 8

om 2014 SL No. 338 s 20

87FA[Repealed]

sdiv 1 (ss 87FA–87FB) ins 2010 SL No. 337 s 8

om 2014 SL No. 338 s 20

87FB[Repealed]

sdiv 1 (ss 87FA–87FB) ins 2010 SL No. 337 s 8

om 2014 SL No. 338 s 20

Subdivision 2 [Repealed]

sdiv 2 (ss 87FC–87FD) ins 2010 SL No. 337 s 8

om 2014 SL No. 338 s 20

87FC[Repealed]

sdiv 2 (ss 87FC–87FD) ins 2010 SL No. 337 s 8

om 2014 SL No. 338 s 20

87FD[Repealed]

sdiv 2 (ss 87FC–87FD) ins 2010 SL No. 337 s 8

om 2014 SL No. 338 s 20

Division 4 [Repealed]

div hdg ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

87G[Repealed]

s 87G ins 2007 SL No. 122 s 17

om 2014 SL No. 338 s 20

87GA[Repealed]

s 87GA ins 2010 SL No. 337 s 9

om 2014 SL No. 338 s 20

Part 4 Disputes about what is fair and reasonable

88Dispute resolution

(1)This section applies if—
(a)the Act or this regulation requires an electricity entity to do something on—
(i)fair and reasonable terms; or
(ii)a fair and reasonable basis; and
(b)there is a dispute about fairness or reasonableness; and
(c)the dispute is not—
(i)an access dispute under the Queensland Competition Authority Act 1997, section 112(2); or
(ii)a dispute that may be the subject of a dispute referral to the energy and water ombudsman under the Energy and Water Ombudsman Act 2006.
(2)A party to the dispute may ask QCA to resolve the dispute.
(3)QCA may—
(a)give instructions about procedures the parties must follow to attempt to resolve the dispute before QCA takes steps to resolve it; or
(b)require a party to give QCA information QCA considers necessary to enable the dispute to be resolved.
(4)QCA must give each party a reasonable opportunity to make representations before making the decision.
(5)After considering any representations, QCA must decide the issue in dispute.
(6)QCA must give the parties a QCAT information notice about the decision.

s 88 amd 2007 SL No. 122 s 18; 2009 Act No. 24 s 452; 2010 Act No. 53 s 258 sch 2; 2014 SL No. 338 s 21

89QCA may seek advice or information

(1)This section applies if, under section 88(2), QCA has been asked to resolve a dispute.
(2)To help resolve the dispute, QCA may seek advice or information from any other person.
(3)QCA may take the advice or information into account in resolving the dispute.
(4)If QCA seeks information or advice or takes into account advice or information QCA has been given for any other dispute, QCA must—
(a)if the advice or information is written—give a copy of it to the parties; or
(b)if the advice or information is oral—disclose the substance of the advice to the parties.

s 89 amd 2007 SL No. 122 s 19

90Parties to maintain secrecy of advice or information

(1)This section applies if under section 89(4) QCA gives advice or information, or discloses the substance of advice or information, to a person who is a party to the dispute.
(2)The person must not disclose the advice or information to another person unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(3)It is a reasonable excuse for a person to disclose the advice or information if the disclosure is for—
(a)the resolution of the dispute; or
(b)an external review of QCA’s decision on the dispute.

s 90 amd 2007 SL No. 122 s 20; 2009 Act No. 24 s 453

Part 5 [Repealed]

pt hdg om 2007 SL No. 122 s 21

91[Repealed]

s 91 om 2007 SL No. 122 s 21

Part 6 Electricity restrictions

Division 1 Preliminary

92Purpose of pt 6

The purpose of this part is ensure a regular, economically efficient and constant supply of electricity within the available supply capacity of particular supply networks, or parts of them.

Division 2 Restrictions in Ergon Energy distribution area

93Where restrictions apply

The electricity restrictions under section 94 apply to electricity supplied by Ergon Energy in the localities mentioned in schedule 1 through its supply network.

94Restrictions

(1)The use of the following electrical articles by customers is prohibited—
(a)electric motors with a rating greater than—
(i)the rating stated for the relevant locality in schedule 1; and
(ii)if the motor is not installed and operated in accordance with the guidelines published by Ergon Energy—1.5kW;

Editor’s note—

The guidelines are available from the Ergon Energy offices at 109 Lake Street, Cairns, 34–46 Dalrymple Road, Garbutt, Townsville and the corner of Fitzroy Street and Alma Street, Rockhampton.
(b)instantaneous water heaters with a rating of more than 2.4kW;
(c)welding power sources.
(2)Subsection (1) does not apply—
(a)to the following welding power sources—
(i)415V, 3-phase input light industrial welding power sources;
(ii)250V, single-phase limited input welding power sources; or
(b)to electric motors that are part of a public water supply system or a community sewerage system installed and operated in the way required by Ergon Energy; or
(c)to electrical articles at Mapoon installed before 1 December 1998; or
(d)if the customer satisfies Ergon Energy, by the written advice of a doctor, that a stated electrical article must be used to reduce a threat to a person’s life.
(3)In this section—
instantaneous water heater means an instantaneous water heater described in—
(a)AS/NZS 3350.2.35:1999—Safety of household and similar electrical appliances, part 2.35—Particular requirements— Instantaneous water heaters; or
(b)AS/NZS 60335.2.35:2004—Household and similar electrical appliances—Safety, part 2.35—Particular requirements for instantaneous water heaters.
welding power source means an electric arc welding power source that has—
(a)a transformer for alternating current welding; or
(b)a transformer-rectifier unit for direct current, or alternating current and direct current, welding.

s 94 amd 2009 SL No. 172 s 5

Part 7 [Repealed]

pt hdg sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

Division 1 [Repealed]

div hdg sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

ch 3 pt 7 div 1 sdiv 1 hdg sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

ch 3 pt 7 div 1 sdiv 2 hdg sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

ch 3 pt 7 div 1 sdiv 3 hdg sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

ch 3 pt 7 div 1 sdiv 4 hdg om 2007 SL No. 122 s 22

95[Repealed]

s 95 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

96[Repealed]

s 96 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

97[Repealed]

s 97 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

98[Repealed]

s 98 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

99[Repealed]

s 99 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

100[Repealed]

s 100 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

101[Repealed]

s 101 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

102[Repealed]

s 102 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

103[Repealed]

s 103 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

Division 2 [Repealed]

div hdg sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

104[Repealed]

s 104 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

105[Repealed]

s 105 sub 2007 SL No. 122 s 22

amd 2008 SL No. 193 s 6; 2009 SL No. 83 s 4

om 2011 Act No. 29 s 15

106[Repealed]

s 106 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

107[Repealed]

s 107 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

Division 3 [Repealed]

div hdg sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

108[Repealed]

s 108 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

109[Repealed]

s 109 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

110[Repealed]

s 110 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

111[Repealed]

s 111 sub 2007 SL No. 122 s 22

om 2011 Act No. 29 s 15

112[Repealed]

s 112 om 2007 SL No. 122 s 22

Division 4 [Repealed]

div hdg om 2007 SL No. 122 s 22

113[Repealed]

s 113 om 2007 SL No. 122 s 22

114[Repealed]

s 114 om 2007 SL No. 122 s 22

115[Repealed]

s 115 om 2007 SL No. 122 s 22

116[Repealed]

s 116 om 2007 SL No. 122 s 22

Division 5 [Repealed]

div hdg om 2007 SL No. 122 s 22

117[Repealed]

s 117 om 2007 SL No. 122 s 22

Chapter 4 Market and system arrangements

Part 1 System and network control

Division 1 Operating electrical installations

118National Electricity Rules to be followed

A person must comply with the National Electricity Rules in operating an electrical installation if the installation—
(a)is connected directly to a transmission grid that is part of the Queensland system; or
(b)is connected to a part of a supply network stated by AEMO or the System Operator for Queensland to be relevant to the security and reliability of the Queensland system; or
(c)includes facilities for the provision of ancillary services stated by AEMO or the System Operator for Queensland to be relevant to the security and reliability or the economic operation of the Queensland system.

Maximum penalty—20 penalty units.

s 118 amd 2014 SL No. 338 s 22

Division 2 Network control

119Network operation not to interfere with Queensland system

(1)A distribution entity must not operate its supply network in a way that interferes with the performance of the Queensland system without the agreement of AEMO or the System Operator for Queensland.

Maximum penalty—20 penalty units.

(2)In this section—
operate includes providing network control.

s 119 amd 2014 SL No. 338 s 23

120National Electricity Rules to be followed

A person must comply with the National Electricity Rules in operating an electrical installation if the installation—
(a)is connected directly to a supply network that is part of the Queensland system; or
(b)includes facilities for the provision of ancillary services to the supply network.

Maximum penalty—20 penalty units.

121Dealings to be impartial

An electricity entity, in carrying out network control, must be impartial in its dealings with all other electricity entities, special approval holders and customers.

s 121 amd 2007 SL No. 122 s 23

122Confidentiality

(1)An electricity entity may publish or release to a person information acquired by the entity in carrying out network control, and that gives or is likely to give the person a material commercial advantage over anyone else, only if—
(a)the giving of the information is for another lawful purpose; and
(b)any commercial advantage is only incidental to the purpose.
(2)Subsection (1) does not apply to the giving to a person information about—
(a)the person; or
(b)with another person’s written permission, the other person.

123Reasonable charges for services

An electricity entity may charge customers for the reasonable cost of carrying out its network control functions.

s 123 amd 2007 SL No. 122 s 24

Part 2 Conditions of authorities and special approvals

Division 1 General provisions

div hdg ins 2009 SL No. 83 s 5

124Separation of distribution and retail sectors

It is a condition of a distribution authority that its holder must not hold a retailer authorisation.

s 124 amd 2014 SL No. 338 s 24

125Compliance with National Electricity Rules instruments

(1)This section applies to the holder of an authority or special approval if the holder is a Registered participant.
(2)It is a condition of an authority or special approval that its holder must comply with any National Electricity Rules instrument applying to the activities authorised by the authority or special approval.
(3)In this section—
authority means a generation authority, transmission authority or distribution authority.
National Electricity Rules instrument means a guideline, power system operating procedure or other procedure, protocol or standard made under the Rules.

s 125 amd 2014 SL No. 338 s 25

125A[Repealed]

s 125A ins 2012 SL No. 88 s 3

sub 2013 SL No. 105 s 5

amd 2014 SL No. 118 s 4

om 2014 SL No. 338 s 26

126[Repealed]

s 126 sub 2007 SL No. 122 s 25

om 2014 SL No. 338 s 26

127Prescribed special approval holder—Act, s 61B

Essential Energy, in relation to special approval no. SA01/11, is prescribed for the Act, section 61B.

s 127 prev s 127 om 2007 SL No. 122 s 25

pres s 127 ins 2008 SL No. 193 s 7

sub 2011 SL No. 42 s 5

amd 2014 SL No. 338 s 27

Division 2 Demand management plans

div 2 (ss 127A–127H) ins 2009 SL No. 83 s 6

127ADefinitions for div 2

In this division—
approved demand management plan means a demand management plan approved by the regulator under this division.
demand management, by a distribution entity, means any activity in which the entity is involved that reduces demand on the entity’s supply network or part of the supply network.
demand management plan, for a financial year, means a plan for the year that complies with section 127C(2).
strategy see section 127C(2)(a).

div 2 (ss 127A–127H) ins 2009 SL No. 83 s 6

127BCondition of distribution authority

It is a condition of a distribution authority that its holder must comply with this division.

div 2 (ss 127A–127H) ins 2009 SL No. 83 s 6

127CPreparing demand management plan

(1)A distribution entity must, for each financial year, prepare a demand management plan.
(2)The distribution entity must include in the plan—
(a)the entity’s long-term strategy for demand management (the strategy), including the following—
(i)the principles intended to guide the achievement of the strategy;
(ii)a description of existing and planned programs for demand management for the next 5 financial years;
(iii)any identified opportunities to achieve the strategy; and
(b)the entity’s proposed initiatives to be carried out under the strategy in the financial year, including the following—
(i)a description of the initiative;
(ii)a forecast of the capital and operating costs for the initiative that the entity reasonably considers will be the likely costs for the year;
(iii)the entity’s performance targets for the initiative.
(3)Subsection (2) does not limit the matters that may be included in the plan.
(4)The distribution entity must, on or before each 30 April in the preceding financial year, give the regulator a copy of the entity’s plan for the financial year.

div 2 (ss 127A–127H) ins 2009 SL No. 83 s 6

127DApproving demand management plan

The regulator must, on or before 31 May in the preceding financial year—
(a)approve the distribution entity’s demand management plan for the financial year; or
(b)make recommendations under section 127E(1) to amend the plan.

div 2 (ss 127A–127H) ins 2009 SL No. 83 s 6

127ERecommendations by regulator

(1)Before approving the distribution entity’s demand management plan for a financial year, the regulator may—
(a)return the plan to the entity; and
(b)make recommendations to amend the plan by asking the entity to—
(i)consider or further consider any matter; and
(ii)amend the plan in the light of its consideration or further consideration.
(2)The distribution entity must comply with a request under subsection (1)(b).
(3)If the distribution entity does not implement any or all of the regulator’s recommendations, the entity must give the regulator written reasons for not implementing the recommendations.
(4)The distribution entity must give a copy of the plan to the regulator for approval.
(5)The plan takes effect as the distribution entity’s approved demand management plan for the financial year only when it is approved by the regulator.

div 2 (ss 127A–127H) ins 2009 SL No. 83 s 6

127FAmending approved demand management plan

(1)The distribution entity may, at any time in a financial year, amend its approved demand management plan for the year.
(2)However, the plan may be amended only if a change in circumstances happens that indicates the carrying out of a proposed initiative, or the carrying out of a proposed initiative in the way described in the plan, is no longer feasible or practical to achieve the entity’s strategy.
(3)If, in amending the plan, a proposed initiative, or the way a proposed initiative is to be carried out under the plan, is not changed, the entity’s performance targets for the proposed initiative must not be changed in the amended plan.
(4)The distribution entity must give the regulator a copy of the amended plan.
(5)The plan, as amended, takes effect as the distribution entity’s approved demand management plan for the financial year only when it is approved by the regulator.

div 2 (ss 127A–127H) ins 2009 SL No. 83 s 6

127GComplying with approved demand management plan

The distribution entity must use its best endeavours to comply with its approved demand management plan.

div 2 (ss 127A–127H) ins 2009 SL No. 83 s 6

127HReporting requirements

(1)The distribution entity must, for each financial year, prepare a report comparing details of the following—
(a)the proposed initiatives stated in the entity’s approved demand management plan for the year;
(b)the actual initiatives the entity carried out in the year.
(2)The distribution entity must give the regulator a copy of the report on or before 31 August in the following financial year.

div 2 (ss 127A–127H) ins 2009 SL No. 83 s 6

Part 3 Special approvals

128Approval to connect for generation plant of particular State electricity entities installed immediately before 1 January 1995

(1)Ergon Energy has a special approval authorising it to connect the generating plant installed before 1 January 1995 and vested in Capricornia Electricity Corporation, Far North Queensland Electricity Corporation or North Queensland Electricity Corporation as at 1 January 1995 to the transmission grid or supply network to which the generating plant was connected on 1 January 1995.
(2)Section 27(a) and (c) of the Act applies to Ergon Energy acting under the special approval as if it were a generation entity.

129Approval to connect for mobile generating plant for emergency or maintenance work by distribution entities

(1)A distribution entity has a special approval to connect mobile generating plant to its supply network to supply electricity during an emergency or maintenance work on the supply network.
(2)Section 27(a) and (c) of the Act applies to a distribution entity acting under the special approval as if the supplier were a generation entity.

130Approval to connect particular generating plant with 30MW or less capacity

(1)A person who operates generating plant with a capacity of 30MW or less has a special approval to connect the generating plant to a transmission grid or supply network.
(2)Section 27(a) and (c) of the Act applies to the person acting under the special approval as if the person were a generation entity.

s 130 amd 2014 SL No. 338 s 28

131Special approval holders treated as electricity entities—Act, s 59(2)

(1)A special approval holder stated in schedule 3, column 1, is to be treated as an electricity entity for the provisions of the Act stated in schedule 3, column 2, opposite the special approval holder.
(2)To remove any doubt, it is declared that if a special approval holder is mentioned in more than 1 item in schedule 3, each of the items in which the holder is mentioned applies to the holder.

132Special approval for QETC

QETC has a special approval to generate electricity for a purpose or function mentioned in section 33(2) of the Act.

s 132 amd 2014 SL No. 338 s 29

Chapter 5 Prohibited interests

133Distribution authorities

Holding a retailer authorisation is a prohibited interest for a distribution entity.

s 133 amd 2014 SL No. 338 s 30

Chapter 6 [Repealed]

ch hdg amd 2008 SL No. 193 s 7

om 2013 SL No. 105 s 6

Part 1 [Repealed]

pt hdg om 2013 SL No. 105 s 6

134[Repealed]

s 134 om 2013 SL No. 105 s 6

134A[Repealed]

s 134A ins 2011 SL No. 42 s 6

amd 2011 SL No. 235 s 4

om 2013 SL No. 105 s 6

135[Repealed]

s 135 amd 2009 SL No. 172 s 6

om 2013 SL No. 105 s 6

Part 2 [Repealed]

pt 2 (ss 136–137) om 2013 SL No. 105 s 6

136[Repealed]

pt 2 (ss 136–137) om 2013 SL No. 105 s 6

137[Repealed]

pt 2 (ss 136–137) om 2013 SL No. 105 s 6

Chapter 7 Energy efficiency and performance of electrical equipment

Part 1 Minimum energy efficiency and performance

Division 1 Registration

138Application for registration

(1)An application for registration of an item of prescribed electrical equipment must be made to the regulator in the approved form, or if there is no approved form, a form acceptable to the regulator.
(2)The application must be accompanied by each of the following—
(a)subject to subsection (7), the prescribed fee;
(b)the test results and calculations mentioned in the relevant standard;
(c)the other test results mentioned in the relevant standard, in the form for the results set out in the standard;
(d)for an item mentioned in schedule 4, part 1—a sample of a label for the item;
(e)for an item mentioned in schedule 4, part 3, that is to be labelled—a sample of a label for the item;
(f)if required by the regulator, a sample of the equipment;
(g)any other relevant information the regulator requires to decide the application.
(3)The application may specify a range of models of the 1 brand in the same application if each of the models has the same relevant physical characteristics, energy efficiency and performance characteristics.
(4)If a person other than the applicant signs the application, the application must be accompanied by the applicant’s written authority for the person to sign the application.
(5)If the application is made by electronic communication, subsection (4) is taken to be complied with if—
(a)a method is used to identify the applicant and to indicate the applicant’s authority; and
(b)having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the authority was communicated; and
(c)the regulator consents to the requirement being met by using the method mentioned in paragraph (a).
(6)The regulator may waive the requirement under subsection (2)(b) and (c).
(7)If the application is made by electronic communication, the applicant must give the regulator the prescribed fee for the application before the regulator can register the item of prescribed electrical equipment.
(8)If the application is made by electronic communication, the regulator—
(a)may decide the application; but
(b)can not register the item the subject of the application until the prescribed fee is paid.

s 138 amd 2007 SL No. 314 s 3

139Requirements for registration

(1)The regulator may register an item of prescribed electrical equipment only if the regulator considers—
(a)the item complies with section 140; and
(b)for equipment mentioned in schedule 4, part 1—the equipment’s label complies with section 152; and
(c)for equipment mentioned in schedule 4, part 3, that is to be labelled—the equipment’s label complies with section 152.
(2)If the regulator refuses to register the item, the regulator must give the applicant a QCAT information notice about the refusal.

s 139 amd 2009 Act No. 24 s 454

140Minimum energy efficiency and performance criteria

(1)This section states the requirements an item of prescribed electrical equipment must comply with for section 139(1)(a).
(2)An item of prescribed electrical equipment mentioned in schedule 4, part 1 or 3, must, if tested in accordance with part 1 of the relevant standard, comply with the performance criteria for the item in the relevant standard.
(3)An item of prescribed electrical equipment mentioned in schedule 4, part 2, must comply with the energy efficiency requirements for the item in the relevant standard.

141Steps after registration

(1)Within 28 days after registering an item of prescribed electrical equipment, the regulator must—
(a)fix the item’s maximum registration term; and
(b)give the applicant a written notice stating the item’s date of registration and maximum registration term.
(2)The maximum registration term can not be more than 5 years from the date of registration.
(3)If the regulator decides to fix the maximum registration term at less than 5 years and the applicant has not agreed to the term, the written notice must include, or be accompanied by, a QCAT information notice about the decision.

s 141 sub 2007 SL No. 314 s 4

amd 2009 Act No. 24 s 455

142Term of registration

(1)Registration of an item of prescribed electrical equipment continues in force until the earliest of the following to happen—
(a)the end of the item’s maximum registration term;
(b)the expiry of the relevant standard for the item;
(c)the relevant standard for the item is amended and, under the amended standard, the item does not comply with the performance requirements or energy efficiency requirements for the item.
(2)Subsection (1) is subject to section 149.

s 142 sub 2007 SL No. 314 s 4

143Change of name or address

(1)The holder of a registration of an item of prescribed electrical equipment whose name or address changes must, within 14 days after the change, give written notice of it to the regulator.

Maximum penalty—8 penalty units.

(2)The regulator must enter details of the new name or address in the register.

144Changing energy efficiency label identifying electrical equipment

(1)The holder of a registration of an item of prescribed electrical equipment with an energy efficiency label may apply to the regulator for approval of a change to the label to reflect a change in the way an item of electrical equipment of the type to which the label relates is identified.
(2)The regulator may approve the change if the application—
(a)is made in the approved form; and
(b)is accompanied by—
(i)subject to subsection (3), the prescribed fee; and
(ii)a sample of the changed energy efficiency label.
(3)If the application is made by electronic communication, the applicant must give the regulator the prescribed fee for the application before the regulator can approve the change.

145Refusal to change energy efficiency label

If the regulator refuses to approve a change to an energy efficiency label for which an application is made, the regulator must give the applicant a QCAT information notice about the refusal.

s 145 amd 2009 Act No. 24 s 456; 2010 SL No. 116 s 9

146Notice of change to energy efficiency label

Within 28 days after approving a change to an energy efficiency label, the regulator must give written notice of the change to the holder of the label.

146ARequest for documents or information confirming compliance with relevant standard

(1)This section applies to the holder of a registration of an item of prescribed electrical equipment.
(2)The regulator may, by written notice given to the holder, require the holder to give the regulator the documents or information that the holder has about whether the item continues to comply with the requirements under section 139 for the registration of the item.
(3)The notice must state a period of at least 15 business days within which the holder must comply with the requirement.
(4)The holder must comply with the requirement.

Maximum penalty for subsection (4)—20 penalty units.

s 146A ins 2007 SL No. 314 s 5

Division 2 Transfer and cancellation of registration

147Transfer of registration

(1)If the holder of a registration of an item of prescribed electrical equipment proposes to transfer the registration to someone else (the proposed transferee), the proposed transferee may apply to the regulator for approval of the transfer.
(2)The regulator must approve the transfer if the application—
(a)is made in the approved form; and
(b)is accompanied by—
(i)subject to subsection (4), the prescribed fee; and
(ii)the holder’s written agreement to the transfer.
(3)If the regulator refuses to approve the transfer, the regulator must give the applicant a QCAT information notice about the refusal.
(4)If the application is made by electronic communication, the applicant must give the regulator the prescribed fee for the application before the regulator can approve the change.

s 147 amd 2009 Act No. 24 s 457

148Notice of transfer

Within 28 days after approving the transfer, the regulator must give written notice of the transfer to the proposed transferee and the former holder of the registration.

149Cancellation of registration

(1)The regulator may, subject to section 150, cancel the registration of an item of prescribed electrical equipment if—
(a)the regulator considers that, because of an examination or test carried out on the item by the regulator or an approved testing entity, it does not comply with the relevant standard; or
(b)the holder of the registration engages in conduct likely to mislead the public about the performance, rating, capacity or the characteristics of the item required by the relevant standard; or
(c)the holder gave the regulator false or misleading information about the application for registration, or transfer of registration, of the item; or
(d)the holder asks for the cancellation.
(2)If registration of an item (the primary item) of prescribed electrical equipment is cancelled, the regulator may also cancel the registration of any other item of prescribed electrical equipment that the regulator is satisfied—
(a)has the same relevant physical characteristics, energy efficiency and performance characteristics as the primary item; and
(b)was registered on the basis of the same test results as the test results for the primary item.
(3)If the regulator decides to cancel the registration, the regulator must give the holder a QCAT information notice about the decision.

s 149 amd 2007 SL No. 314 s 6; 2009 Act No. 24 s 458

150Procedure before cancellation

(1)If the regulator considers a ground exists to cancel the registration of an item of prescribed electrical equipment, other than at the request of the registration holder, the regulator must, before taking the action, give the holder written notice—
(a)stating the regulator is considering cancelling the registration; and
(b)stating the grounds for the proposed cancellation; and
(c)outlining the facts and circumstances forming the basis for the grounds; and
(d)inviting the holder to show, within a stated time of at least 15 business days, why the registration should not be cancelled.
(2)If, after considering all written representations made by the holder within the stated time, the regulator still considers a ground exists to cancel the registration, the regulator may cancel the registration.
(3)Cancellation of the registration takes effect on the sixth business day after the holder is given a QCAT information notice under section 149(3).

s 150 amd 2009 Act No. 24 s 459

151Notice, by holder, of cancellation of registration

(1)Immediately on receipt of a QCAT information notice about cancellation of the registration of an item of prescribed electrical equipment, the holder of the registration must give written notice of the cancellation to each person to whom the holder has sold an item of the type that was registered.
(2)Subsection (1) does not require the giving of a notice to a person to whom the type of item had been sold by retail or had been sold at least 1 year before the notice was received.

s 151 amd 2009 Act No. 24 s 460

Division 3 Energy efficiency label

152Energy efficiency label

(1)An energy efficiency label for an item of prescribed electrical equipment mentioned in schedule 4, part 1 or 3, must—
(a)comply with the labelling requirements of the relevant standard for the item; and
(b)not contain any figures, symbols or other words likely to mislead the public about the item’s comparative energy consumption, energy efficiency rating or performance characteristics; and
(c)if the item is sold—accompany the item.
(2)If the item is displayed for sale, the energy efficiency label for the item must—
(a)be attached to the item—
(i)in the way shown in the relevant standard; or
(ii)in another way approved by the regulator; and
(b)not be attached in a way that it is obscured from view.

Note—

See part 3 (Offences) for when equipment must be labelled.

s 152 amd 2007 SL No. 314 s 7

Division 4 Register

153Register

(1)The regulator must keep a register of each item of prescribed electrical equipment registered by the regulator.
(2)The regulator may enter in the register any particulars contained in an application for registration, or transfer of registration, of the item.
(3)The register may be kept in a way the regulator considers appropriate.
(4)The register may form part of a national register.

154Inspection of register

The regulator must—
(a)keep the register open for inspection, on payment of the prescribed fee, by members of the public during office hours on business days; and
(b)on payment of the prescribed fee, give the person a copy of an entry in the register.

Part 2 Testing and test reports

Division 1 Preliminary

155Testing of prescribed electrical equipment

(1)An item of prescribed electrical equipment mentioned in schedule 4, part 1 or 3, must be tested under this part in accordance with part 1 of the relevant standard to find out whether it complies with the performance criteria in the relevant standard.
(2)An item of prescribed electrical equipment mentioned in schedule 4, part 2, item 1, must be tested under this part to find out whether it complies with the energy efficiency requirements in the relevant standard.
(3)An item of prescribed electrical equipment mentioned in schedule 4, part 2, item 2, must be tested under this part in accordance with part 102.3 of the relevant standard to find out whether it complies with the minimum energy performance requirements in part 5 of the relevant standard.
(4)An item of prescribed electrical equipment mentioned in schedule 4, part 2, items 3 to 18, must be tested under this part to find out whether it complies with the minimum energy performance requirements in the relevant standard for the item.
(5)The testing may be done only by an approved testing entity.

s 155 amd 2007 SL No. 314 s 8; 2009 SL No. 138 s 3; 2009 SL No. 197 ss 4, 6; 2010 SL No. 321 s 4

156Test reports

(1)The results of the test must be recorded in a test report.
(2)The test report must be in the approved form, or if there is no approved form, a form acceptable to the regulator, and contain the following information about the test—
(a)the provision of this regulation under which the testing was conducted;
(b)the name of the entity that conducted the test;
(c)the date of the test;
(d)the date of the report;
(e)the results of the test, in the form set out in the relevant standard;
(f)other information required to be included in the report under this part.

s 156 amd 2007 SL No. 314 s 9

Division 2 Check testing

157Requirement by regulator to make available prescribed electrical equipment for testing

(1)The regulator may, by written notice given to the holder of the registration of an item of prescribed electrical equipment, require the holder to make an item of the type registered available for the testing (check testing) mentioned in section 155.
(2)The requirement must state—
(a)the period, of at least 1 month from the giving of the requirement, within which the item must be made available; and
(b)the place where the item is to be made available; and
(c)an amount estimated to cover the actual, reasonable cost of the check testing and when it is to be paid to the regulator.
(3)The holder must make the item available and pay the amount as stated in the requirement.

158What happens if check testing shows noncompliance

(1)This section applies if a check test shows that an item of prescribed electrical equipment does not comply with a performance criteria or energy efficiency requirement of the relevant standard.
(2)If the actual cost of testing the item is greater than the amount paid under section 157(3) for the check test, the difference may be recovered by the regulator from the holder as a debt owing to the State.
(3)This section does not affect section 149.

159What happens if check testing shows compliance

(1)This section applies if a check test shows that an item of prescribed electrical equipment complies with the performance criteria or energy efficiency requirements of the relevant standard.
(2)The regulator must refund to the holder the amount paid under section 157(3) for the check test.
(3)The amount may be recovered by the holder from the regulator as a debt owing by the State to the holder.

160Return of equipment made available to the regulator

(1)This section applies if, at the regulator’s request, a person makes available to the regulator free of charge an item of prescribed electrical equipment for testing or with an application under this chapter.
(2)The regulator must give the person written or oral notice that the equipment is available for collection by the person at a stated place as soon as practicable after—
(a)for an item made available for testing—
(i)if the regulator believes, on reasonable grounds, that the item is required as evidence in a prosecution for an offence—the prosecution and any appeal from the prosecution; or
(ii)if subparagraph (i) does not apply—the testing; or
(b)for an item made available with an application—the regulator decides the application.
(3)Despite subsection (2)(a)(i), the regulator must give the person written or oral notice immediately after the earlier of the following—
(a)the regulator decides the equipment is not required as evidence;
(b)a prosecution for an offence involving the type of equipment is not started within 6 months from when the notice would have been given if subsection (2)(a)(i) had not applied.
(4)If, at the end of 6 months after the notice is given, the equipment has not been collected, the regulator may dispose of the item as the regulator considers appropriate and the person is not entitled to claim for the appliance or any loss or damage to it.

Part 3 Offences

161Part does not apply to second-hand prescribed electrical equipment

This part does not apply to a second-hand item of prescribed electrical equipment.

162Prescribed electrical equipment in sch 4, pt 1—labelling and registration

(1)A person must not display for sale or sell an item (the sale item) of prescribed electrical equipment mentioned in schedule 4, part 1, unless—
(a)an item of the same type of prescribed electrical equipment as the sale item (an alike item)—
(i)is registered under section 139; or
(ii)was registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time); or
(iii)was registered under a corresponding law at the relevant time; and
(b)an energy efficiency label that complies with section 152 is attached to or accompanies the item in the way required by that section.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply if—
(a)the sale item is registered under a corresponding law; and
(b)an energy efficiency label is attached to or accompanies the sale item and the label complies with, and is attached or accompanies the item, in the way required by the corresponding law.
(3)Also, subsection (1) does not apply if—
(a)an alike item was registered under section 139 at the relevant time and—
(i)an energy efficiency label is attached to or accompanies the sale item; and
(ii)the label complies with section 152 in the way required by the relevant standard as it was in force at that time; or
(b)an alike item was registered under a corresponding law at the relevant time and—
(i)an energy efficiency label is attached to or accompanies the sale item; and
(ii)the label complies with the corresponding law as it was in force at that time; or
(c)an alike item was not mentioned in schedule 4, part 1 as it was in force at the relevant time.

s 162 amd 2007 SL No. 314 s 10; 2009 SL No. 172 s 7

163Prescribed electrical equipment in sch 4, pt 2—registration

A person must not sell an item (the sale item) of prescribed electrical equipment mentioned in schedule 4, part 2, unless an item of the same type of prescribed electrical equipment as the sale item—
(a)is registered under section 139; or
(b)was registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time); or
(c)was registered under a corresponding law at the relevant time; or
(d)was not mentioned in schedule 4, part 2 as it was in force at the relevant time.

Maximum penalty—20 penalty units.

s 163 sub 2007 SL No. 314 s 11

164Prescribed electrical equipment in sch 4, pt 3—registration

(1)A person must not sell an item (the sale item) of prescribed electrical equipment mentioned in schedule 4, part 3, unless—
(a)an item of the same type of prescribed electrical equipment as the sale item (an alike item)—
(i)is registered under section 139; or
(ii)was registered under that section at the time when the sale item was manufactured in or imported into the State (the relevant time); or
(iii)was registered under a corresponding law at the relevant time; and
(b)if an energy efficiency label is attached to or accompanies the sale item—the label complies with, and is attached to or accompanies the item in the way required by, section 152.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply if—
(a)the sale item is registered under a corresponding law; and
(b)if an energy efficiency label is attached to or accompanies the sale item—the label complies with, and is attached to or accompanies the item in the way required by, the corresponding law.
(3)Also, subsection (1) does not apply if—
(a)an alike item was registered under section 139 at the relevant time and any energy efficiency label attached to or accompanying the sale item complies with section 152 in the way required by the relevant standard as it was in force at that time; or
(b)an alike item was registered under a corresponding law at the relevant time and any energy efficiency label attached to or accompanying the sale item complies with that law as it was in force at the relevant time; or
(c)an alike item was not mentioned in schedule 4, part 3 as it was in force at the relevant time.

s 164 amd 2007 SL No. 314 s 12; 2009 SL No. 172 s 8

165Representations about 3-phase cage induction motors

A person must not represent that a 3-phase cage induction motor mentioned in schedule 4, part 2, item 2, is a high efficiency motor unless the motor complies with the high efficiency performance requirements for the item in part 5 of the relevant standard.

Maximum penalty—20 penalty units.

165ARepresentations about digital television set-top boxes

A person must not represent that a digital television set-top box mentioned in schedule 4, part 2, item 6, is a high efficiency set-top box unless it complies with the high efficiency performance requirements for the item in section 3 of the relevant standard.

Maximum penalty—20 penalty units.

s 165A ins 2009 SL No. 138 s 4

165BRepresentations about external power supplies

A person must not represent that an external power supply mentioned in schedule 4, part 2, item 7, is a high efficiency power supply unless it complies with the high efficiency performance requirements for the item in section 3 of the relevant standard.

Maximum penalty—20 penalty units.

s 165B ins 2009 SL No. 138 s 4

166Marking and labelling particular fluorescent lamp ballasts

(1)This section applies to a fluorescent lamp ballast, other than a ballast to which the standard mentioned in schedule 4, part 1, item 6, applies.
(2)A person must not mark the ballast with an energy efficiency label unless the label—
(a)complies with the labelling requirements of the standard mentioned in subsection (1); and
(b)is marked on the ballast in the way shown in the standard.

Maximum penalty—20 penalty units.

(3)If an energy efficiency label is marked on the ballast, a person must not sell the ballast unless it conforms with the energy efficiency rating shown on the label.

Maximum penalty—20 penalty units.

s 166 amd 2009 SL No. 138 s 5

166A[Repealed]

s 166A ins 2009 SL No. 172 s 9

amd 2009 SL No. 298 s 7

exp 31 August 2010 (see s 166A(2))

Chapter 8 Employment in government owned electricity industry

Part 1 Preliminary

167Definitions for ch 8

In this chapter—
employment entitlement, of an employee, means each of the following—
(a)the employee’s leave entitlement;
(b)the period of service that would be relevant for working out the redundancy payment to which the employee would be entitled if the employee was made redundant.
future employer see section 168(2)(d).
previous employer see section 168(2)(a).
redundancy payment means a payment made to a person because the person became redundant.
redundant see section 168(1).
redundant employee see section 168(2).
State electricity entity includes an entity declared to be a State electricity entity under section 224.
suitable alternative employment see section 169.

168Meaning of redundant and redundant employee

(1)An employee becomes redundant if the person’s employer no longer needs or has a substantially diminished need for services of a particular kind performed by the person.
(2)A person is a redundant employee if—
(a)the person was employed by a State electricity entity (the previous employer); and
(b)the person’s employment ended because the person was redundant; and
(c)the person has received, or is eligible to receive, a redundancy payment from the previous employer; and
(d)the person has not been offered suitable alternative employment by the previous employer or another State electricity entity (each a future employer).

169Meaning of suitable alternative employment

(1)Alternative employment offered to a person by a future employer is suitable alternative employment only if the following conditions are satisfied—
(a)the person’s employment entitlements are continued under the alternative employment;
(b)either—
(i)the person and the previous employer have agreed the alternative employment is the same or substantially the same as the person’s previous employment with the employer; or
(ii)the Industrial Relations Commission has decided the alternative employment is the same or substantially the same as the person’s previous employment;
(c)if, on the offer day, the person is a member of a superannuation scheme and the future employer is a subsidiary of a GOC—
(i)the person’s membership in the scheme is not affected; and
(ii)the employer makes, or agrees to make, the superannuation contributions the employer is required to make for the person to the scheme for the benefit of the person.
(2)Subsection (1)(c) does not apply if the person and future employer enter into an agreement about the superannuation arrangements for the person.
(3)In this section—
offer day, for a person to whom alternative employment is offered, means the day the alternative employment is offered to the person.

170Industrial Relations Commission may decide particular matters

If a person and the person’s previous employer can not agree, after genuinely attempting to come to an agreement, whether alternative employment offered to the person is the same or substantially the same as the person’s previous employment with the employer—
(a)the person and employer must—
(i)treat the disagreement as an industrial dispute; and
(ii)immediately give the registrar under the Industrial Relations Act a notice complying with section 229(3) of that Act for the dispute; and
(b)chapter 7, part 2, of the Industrial Relations Act applies to the disagreement as if—
(i)the disagreement were an industrial dispute; and
(ii)the notice given under paragraph (a)(ii) were given under section 229(2) of that Act; and
(c)without limiting section 230(3) and (4) of the Industrial Relations Act, the Industrial Relations Commission may decide whether or not the alternative employment is the same or substantially the same as the person’s previous employment.

Part 2 General employment conditions and entitlements

171Definitions for pt 2

In this part—
EGTS award means the Electricity Generation Transmission and Supply Award—State.
industrial instrument means an industrial instrument under the Industrial Relations Act.

172EGTS award is binding

The EGTS award binds a State electricity entity and each of its electricity industry employees.

173Secondment does not affect employment in the GOE industry

A person employed by a State electricity entity is taken, while performing duties on secondment to another entity, to continue to be employed by the State electricity entity.

174Continuous service

If an employee works, takes authorised leave, or is paid for an absence under the Workers’ Compensation and Rehabilitation Act 2003 for an injury sustained by the employee, a period when the employee is or would be rostered for work is a period of continuous service by the employee.

Examples of continuous service—

1A full-time employee has a fortnight of continuous service, even though a rostered day off is taken in the fortnight.
2A part-time employee has a fortnight of continuous service if the employee works the days rostered for the employee in the fortnight.

175Calculation at a proportionate rate for particular employee

(1)If this chapter provides, for a part-time employee, a quantity or amount (the proportionate amount) to be a proportion of another quantity or amount relating to a full-time employee (the regular amount), the proportionate amount must be worked out as follows—

graphic image

(2)In subsection (1)—
work hours means the period (in hours and, if necessary, a fraction of an hour) for which the part-time employee is scheduled to work.

176Chapter 8 prevails over industrial instruments

If there is any inconsistency between this chapter and the EGTS award or another industrial instrument that applies to electricity industry employees of State electricity entities, this chapter prevails to the extent of the inconsistency.

Part 3 Transfer of employment within GOE industry

177Application of pt 3

This part applies to a person who transfers employment within the GOE industry (the transferred employee).

178When there is transfer of employment within GOE industry

(1)In this part, a person employed in the GOE industry transfers employment within the GOE industry if the person resigns from employment with a State electricity entity (the former employer) to be employed by another State electricity entity (the new employer).
(2)For subsection (1), a person does not resign from employment with a State electricity entity if the person becomes a redundant employee for the entity.
(3)The transfer is effective when the employee starts employment with the new employer (the transfer day).

179When employment with former employer and new employer is taken to be continuous service

(1)This section applies if the transfer day is no more than 1 month after the transferred employee ends employment with the former employer.
(2)To decide employment entitlements of the transferred employee as an employee of the new employer—
(a)the employee’s continuous service in the GOE industry immediately before ending employment with the former employer is taken to be service continuous with service with the new employer from the transfer day; and
(b)the employee’s leave entitlement is reduced by leave accrued (or a pro rata amount for leave not yet accrued) during the service and taken or paid for by an employer of the employee.

180Transferred employee may elect for leave entitlement to become leave entitlement with new employer

(1)This section applies if the transferred employee is entitled to payment by the former employer of an amount as cash equivalent for accrued leave (or a pro rata amount for leave not yet accrued).
(2)Before the transfer day, the employee may, by written notice to the former employer, elect for payment not to be made to the employee and, instead, an equivalent amount of leave to be treated as leave accrued by the employee as an employee of the new employer or, for the pro rata amount, as service with the new employer.
(3)The election may be for all or part of the payment.
(4)On the making of the election, the former employer must pay the amount stated in the notice not to the employee but to the new employer and give the new employer a certificate of the amount of the leave, or service for which a pro rata amount would have been paid, to which the payment relates.
(5)The new employer must treat the employee as having accrued the leave or, for the pro rata amount, having the service with the new employer.

181Payment by former employer to new employer towards long service leave entitlements not accrued on transfer

(1)This section applies if—
(a)at the transfer day, the transferred employee did not have accrued long service leave entitlements; and
(b)the employee later accrues a long service leave entitlement by counting service with the former employer as service with the new employer.
(2)If asked by the new employer, the former employer must pay the new employer an amount for the long service leave entitlements that would have accrued to the former employee because of the employee’s service with the former employer had there been no limit on the employee’s period of service before the leave entitlement accrued.
(3)The amount is the amount the employee would have been paid by the former employer if the employee had, immediately before the transfer day, taken the proportion of the leave accrued relating to the service up to the transfer day.

182Transferred employees not made redundant

A transferred employee is not made redundant merely because of the transfer.

183Particular new employers must pay superannuation into transferred employee’s existing scheme

(1)This section applies if—
(a)the new employer is a subsidiary of a GOC; and
(b)immediately before the transfer day, the transferred employee was a member of a superannuation scheme (the employee’s existing scheme).
(2)However, this section does not apply if the transferred employee and new employer have entered into an agreement about the superannuation arrangements for the employee.
(3)The new employer must ensure—
(a)the transferred employee’s membership in the employee’s existing scheme is not affected; and
(b)the superannuation contributions the employer is required to make for the employee are paid, for the benefit of the employee, into the employee’s existing scheme.

Part 4 Recognition of previous service other than on transfer

184Application of pt 4

(1)This part applies to a person who was formerly employed in the GOE industry or the Queensland electricity supply industry within the meaning of the repealed Electricity Act 1976 (the former employment), and is later employed in the GOE industry (the new employment), if the person—
(a)had been compulsorily retired from the former employment because of ill health, or voluntarily finished employment because of ill health, and the former employer certifies accordingly; or
(b)resigned the former employment within 3 months before starting the new employment; or
(c)is not a redundant employee.
(2)For subsection (1)(b), an employee finishes employment on the day when all leave entitlements for which the employee was paid a cash equivalent on finishing the employment would have ended if the entitlements had been taken as leave.

185Recognition of previous service

(1)The new employer must recognise the period of service of the former employment in working out the period of service in the new employment.
(2)An employer may recognise, or agree to recognise, previous service of an employee for leave or other purposes only if—
(a)this part applies; or
(b)the employer is satisfied special circumstances exist in the particular case.
(3)Subsection (2) is subject to any Act, law or award binding on the employer providing for recognition of the previous service of the employee on conditions more favourable to the employee than the conditions in the subsection.
(4)An employee in the GOE industry is entitled to any leave or other entitlement accruing because of the recognition of service under this part, but leave or other entitlement availed of, or for which the employee was paid a cash equivalent, must be deducted from the accrued entitlement.
(5)An appeal does not lie against a decision of the employer about the existence or otherwise of special circumstances under subsection (2)(b).
(6)The new employer must give the employee a written notice about a decision made under this section.

Part 5 Long service leave

Division 1 Entitlement

Subdivision 1 General entitlement provision

186Entitlement to long service leave

(1)A GOE industry employee is entitled to long service leave under this part if—
(a)the employee has at least 10 years continuous service; or
(b)the employee resigns because of a domestic or other pressing necessity and has at least 7 years continuous service ending when the person resigns; or
(c)the person dies or resigns and has at least 5 years continuous service ending when the person dies or resigns.
(2)However, subsection (1)(c) applies to an employee who resigns before reaching 55 only if the employee gives to the employer a certificate, from an appropriate doctor, stating the person can not continue in the person’s present employment because of the employee’s ill health.
(3)This part does not limit another entitlement to long service leave that the employee may have.
(4)In this section—
appropriate doctor means a doctor who the employer is satisfied has the appropriate expertise to decide whether or not the person is able to continue in the person’s present employment.

Subdivision 2 Service and continuity of service

187Service recognised for long service leave purposes

For this part, continuous service for a GOE industry employee means—
(a)service that is actually continuous or taken to be continuous under section 179; and
(b)a period of former service that is, under section 185, recognised for working out the period of service of the employee in the GOE industry; and
(c)for an employee who became a GOE industry employee on 1 January 1995 because of the repealed Government Owned Corporations (QGC Corporatisation) Regulation 1994 or the repealed Government Owned Corporations (QTSC Corporatisation) Regulation 1994—previous service, including broken service, recognised as service for long service leave purposes under the repealed Electricity Act 1976.

188Casual employees

(1)The service of a GOE industry employee with a State electricity entity (the employer) who has been employed more than once by 1 or more State electricity entities over a period is continuous service with the employer even though—
(a)the employment is broken; or
(b)any of the employment is not full-time employment; or
(c)the employee is employed by the entity or entities under 2 or more employment contracts; or
(d)the employee would, apart from this section, be taken to be engaged in casual employment; or
(e)the employee has engaged in other employment during the period.
(2)However, the continuous service ends if the employment is broken by more than 3 months between the end of 1 employment contract and the start of the next employment contract.
(3)In working out the length of a the employee’s continuous service—
(a)service by the employee before 23 June 1990 must not be taken into account; and
(b)subject to subsection (2), a period when the employee was not employed by the entity or entities must be taken into account.

189Periods of absence without pay that count as service

In this part, an employee’s absence without pay from employment is counted as the employee’s service only if—
(a)the absence is as sick leave for no more than 3 months; or
(b)the employee is paid for the absence under the Workers’ Compensation and Rehabilitation Act 2003 for an injury sustained by the employee; or
(c)the absence is for leave, other than sick leave, of no more than 2 weeks granted by the employer; or
(d)the employer has approved the inclusion of the period of the absence in the employee’s period of service for this part; or
(e)the employee is a casual employee and section 188 applies.

Subdivision 3 Calculation of entitlement

190Calculation of long service leave

(1)Long service leave is calculated at the rate of 1.3 weeks on the appropriate pay for each year of the employee’s continuous service.
(2)The appropriate pay is—
(a)for a full-time employee—at the full pay rate; and
(b)for a part-time employee—at a proportionate amount of full pay rate; and
(c)for a casual employee—the hourly rate for ordinary time payable to the employee—
(i)if the employee takes the long service leave—on the day the employee starts the leave; or
(ii)if the employee’s employment is terminated—on the day the termination takes effect.
(3)The minimum amount payable to a casual employee for long service leave is worked out using the formula—

Formula

where—

actual service means the total ordinary working hours actually worked by the employee during the employee’s period of continuous service.
hourly rate means the hourly rate under subsection (2)(c).

191Casual employees—conversion to full-time equivalent

(1)A State electricity entity may agree with a casual employee that the employee’s entitlement to long service leave may be taken in the form of its full-time equivalent.

Example for subsection (1)—

If a casual employee—
(a)is entitled to be paid for 290 hours long service leave; and
(b)works under an award that provides for a full-time working week of 36.25 ordinary working hours;

the employee and the employer may agree that the employee takes 8 weeks leave (290 ÷36.25 = 8).

(2)This section applies subject to an industrial instrument about the employee’s long service leave.

Division 2 Obtaining long service leave

192Application for long service leave

An employee who has an entitlement to long service leave and wishes to take long service leave must make written application for the leave to the employer giving timely notice of the wish to start the leave.

193Employer’s right to refuse or defer long service leave

(1)An employer may refuse an employee’s application for long service leave if—
(a)timely notice was not given; or
(b)the granting of the leave applied for would be unreasonably detrimental to the work of the work unit in which the applicant is employed.
(2)If the application is refused, the employer must arrange with the employee for the leave applied for to be taken as soon as is mutually convenient.

Division 3 Miscellaneous provisions

194Minimum period

The minimum period of long service leave that may be granted at a time is 2 weeks.

195Employer’s right to recall an employee from leave

(1)If special circumstances exist, an employer may cancel long service leave already granted or recall an employee to duty from long service leave.
(2)If an employer acts under subsection (1), the employee has a discretion—
(a)to agree with the employer to take the long service leave, or the balance of long service leave, at a mutually convenient time; or
(b)to require the employer to credit the leave or balance of leave to the employee’s undrawn long service leave entitlement.

196Public holidays happening during long service leave

If an employee is entitled under the employee’s terms of employment to a particular public holiday and the public holiday happens during a period when the employee is absent on long service leave, a day is added to the employee’s period of leave.

197Illness during long service leave

(1)This section applies if, for a period of at least 1 week while an employee is on long service leave, the employee could not, if the employee had not been on leave, have performed the employee’s normal duties because of illness or injury.
(2)The employer must approve the granting of sick leave instead of long service leave for the period of the inability to perform normal duties if—
(a)the employee makes written application for the leave; and
(b)the employee produces a medical certificate from a doctor stating the employee, if the employee had not been on leave, could not have performed the employee’s normal duties because of illness or injury; and
(c)the entire period mentioned in subsection (1) is covered by the medical certificate produced; and
(d)sick leave is available to the employee.
(3)Subsection (2) may apply to more than 1 period of sick leave if subsection (2) is complied with for each period.
(4)The period of sick leave granted instead of long service leave under subsection (2) (the adjusted period) is the period for which the employee would have been absent on sick leave had the employee not been on long service leave.
(5)If an employee is granted a period of sick leave under subsection (2)—
(a)the day the employee is to resume duties after the long service leave is not affected; and
(b)the adjusted period is added to the employee’s entitlement to long service leave.
(6)As soon as practicable after being granted a period of sick leave under subsection (2), the employee may ask the employer for an extension of the period for which the employee is currently absent on long service leave.
(7)If the employer agrees to the request—
(a)the period for which the employee is currently absent on long service leave is extended by the adjusted period; and
(b)the employee’s entitlement to long service leave is not affected.
(8)This section applies despite section 189 but subject to section 195.

198Payment of cash equivalent of long service leave

(1)This section applies if, on the day an employee’s employment ends (the last day), the employee is entitled to a period of long service leave.
(2)The employer must make a payment instead of granting the employee the period of long service leave.
(3)The amount of the payment is an amount equal to the amount that would have been paid to the employee if the employee had, on the last day, taken all long service leave to which the employee was entitled on the last day.
(4)If the employee has not died, the employer must pay the amount to the employee on the last day.
(5)If the employee has died, the employer must pay the amount as soon as is practicable—
(a)to the persons (if any) who, the employer is satisfied, are completely or substantially dependent on the earnings of the employee; or
(b)in other cases—to the employee’s personal representative.

199Preservation of particular existing rights

(1)This section applies to an employee (the affected employee) who—
(a)became a GOE industry employee on 1 January 1995 because of the repealed—
(i)Government Owned Corporations (QGC Corporatisation) Regulation 1994; or
(ii)Government Owned Corporations (QTSC Corporatisation) Regulation 1994; and
(b)under the long service leave arrangements under the repealed Electricity Act 1976, would have been entitled—
(i)to a greater period of long service leave than the entitlement under this regulation; or
(ii)to an amount of cash equivalent of long service leave greater than the amount of cash equivalent of long service leave to which the employee is entitled under this part; or
(iii)either to long service leave or to a cash equivalent of long service leave under the arrangements and who is not entitled to long service leave or a cash equivalent of long service leave under this part.
(2)The affected employee is entitled to be—
(a)granted the greater period of long service leave; or
(b)paid the amount of cash equivalent of long service leave that is greater in amount; or
(c)granted the long service leave or paid the cash equivalent of long service leave to which the employee would have been entitled if the long service leave arrangements had remained in force.
(3)The granting of long service leave or the payment of a cash equivalent of long service leave under this section is otherwise subject to this part.

Part 6 Locality allowances

200Application of pt 6

This part does not apply for a casual employee.

201Allowance payable to a GOE industry employee with a dependent spouse or dependent child

(1)A State electricity entity must pay a locality allowance to its employee who—
(a)is stationed at a centre for which a locality allowance is payable under a directive issued under the Public Service Act 2008; and
(b)proves to the satisfaction of the employer that the employee has a dependent spouse or dependent child.
(2)The locality allowance is payable—
(a)for a full-time employee—at the appropriate rate set out in the directive; and
(b)for a part-time employee—at a proportionate amount of the rate payable under paragraph (a).
(3)Subsection (2) is subject to section 203.
(4)An employee who is paid the locality allowance must notify the employer immediately an event affecting the entitlement to receive the allowance happens.

s 201 amd 2008 SL No. 209 s 20 sch 2

202Allowance payable to other employees

(1)A State electricity entity must pay a locality allowance to its employee (other than an employee who has a dependent spouse or dependent child) who is stationed at a centre for which a locality allowance is payable under a directive issued under the Public Service Act 2008.
(2)The locality allowance is payable—
(a)for a full-time employee—at one-half the appropriate rate set out in the directive; and
(b)for a part-time employee—at a proportionate amount of the rate payable under paragraph (a).
(3)If the State electricity entity is satisfied special circumstances exist, the entity may pay the employee a greater locality allowance, not more than the locality allowance payable to an employee who has a dependent spouse or dependent child stationed at the same centre.

s 202 amd 2008 SL No. 209 s 20 sch 2

203Allowance payable if both spouses are entitled

(1)This section applies to a GOE industry employee who—
(a)is entitled to be paid a locality allowance under this part; and
(b)has a spouse who—
(i)is also entitled to be paid a locality allowance under this part; or
(ii)is employed by the State or a State instrumentality and is also entitled to be paid a locality allowance under an Act.
(2)The locality allowance payable to the GOE employee is as stated in section 202 and not as stated in section 201.
(3)This section applies whether or not the employee has a dependent child.

204Allowance payable to an employee absent from headquarters on duty

The locality allowance for a GOE industry employee must not be reduced because the employee is necessarily absent from headquarters overnight on duty and is given free board and accommodation or paid an away from home allowance in place of board and accommodation.

205Allowance payable to an employee on leave

(1)The locality allowance for a GOE industry employee must not be reduced because the employee is absent on recreation leave, sick leave or long service leave.
(2)If the employee is absent on special leave, the employer may pay the allowance to the employee.
(3)No locality allowance is payable to an employee who is absent on leave without pay.

206Building projects where site allowance is paid

If a GOE industry employee is stationed at a building project site and is paid a site allowance for employment at the site, the employer must, instead of paying the locality allowance prescribed by this part, pay the employee—
(a)the divisional allowance or district parity allowance, or both, generally applying at the building project site under awards of the Industrial Relations Commission; and
(b)the site allowance payable; and
(c)so much of the locality allowance prescribed by this part (if any) that is more than the total of the amounts under paragraphs (a) and (b).

Part 7 Overtime payments

207Overtime payments

(1)This section applies to a GOE industry employee who is employed—
(a)by an employer declared by the Governor in Council; and
(b)for a salary of more than the amount declared by the Governor in Council.
(2)The working of overtime by the employee, and the rate at which payment for the overtime is paid, is in the employer’s discretion.

Chapter 9 Internal and external reviews

ch hdg sub 2009 Act No. 24 s 461

Part 1 Review of decisions

208Who may apply for internal review etc.

(1)A person whose interests are affected by a decision mentioned in schedule 5 may apply to QCA for an internal review of the decision.
(2)A person who seeks an internal review of a decision is entitled to receive a statement of reasons for the decision.

s 208 amd 2007 SL No. 122 s 26; 2009 Act No. 24 s 462

209Applying for internal review

(1)An application by a person for internal review of a decision must be made within 28 days after an information notice about, or other written notice of, the decision is given to the person.
(2)However, if the notice did not state reasons for the decision and the person asked for a statement of reasons for the decision within the period mentioned in subsection (1), the person may make the application within 28 days after the person is given the statement of reasons.
(3)In addition, QCA may extend the period for making an application for internal review.
(4)An application for internal review must be written and state in detail the grounds on which the applicant seeks internal review of the decision.

s 209 amd 2007 SL No. 122 s 26; 2009 Act No. 24 s 463

210Stay of operation of decision etc.

(1)If an application is made under this part for internal review of a decision, the applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the decision.
(2)QCAT may stay the decision to secure the effectiveness of the internal review or a later application for external review to QCAT.
(3)A stay—
(a)may be given on conditions QCAT considers appropriate; and
(b)operates for the period fixed by QCAT; and
(c)may be revoked or amended by QCAT.
(4)The period of a stay under this section must not extend past the time when QCA reviews the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of QCA’s decision.
(5)The making of an application under this part for internal review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.

s 210 amd 2007 SL No. 122 s 27; 2009 Act No. 24 s 464

211Decision on internal review

(1)This section applies to an application under this part for internal review of a decision (the disputed decision).
(2)QCA may confirm the disputed decision, amend the disputed decision or substitute a new decision after considering the applicant’s representations.
(3)QCA must immediately give the applicant written notice of QCA’s decision on the application.
(4)If the decision is not the decision sought by the applicant, the notice must be a QCAT information notice.
(5)If QCA was not the decision maker and the regulator amends the decision or substitutes a new decision, the amended or substituted decision is, for this regulation (other than this part) taken to be a decision of the decision maker.

s 211 amd 2007 SL No. 122 s 28; 2009 Act No. 24 s 465

Part 2 Appeals and external review

pt hdg amd 2009 Act No. 24 s 466

Division 1 External reviews by QCAT

div hdg sub 2009 Act No. 24 s 467

212Who may apply for external review

The following persons may apply, as provided under the QCAT Act, to QCAT for an external review of the decision mentioned for the person—
(a)for a decision by QCA under section 88—any party to the dispute;
(b)for a decision by the regulator or QCA mentioned in schedule 6—a person whose interests are affected by the decision.

s 212 amd 2007 SL No. 122 s 26

sub 2009 Act No. 24 s 467

213[Repealed]

s 213 om 2009 Act No. 24 s 467

Division 2 Appeals about recognition of previous service

div hdg sub 2009 Act No. 24 s 468

214Who may appeal

A person whose interests are affected by a decision under section 185 of the person’s employer may appeal against the decision to an Industrial Magistrates Court.

s 214 amd 2007 SL No. 122 s 26; 2007 SL No. 314 s 13; 2009 Act No. 24 s 469

215Making appeals

(1)An appeal under this part must be made within 3 months after written notice for the decision is given to the person.
(2)However, subsection (3) applies if—
(a)the notice under subsection (1) did not state reasons for the decision; and
(b)the person asked for a statement of reasons for the decision within the period mentioned in subsection (1).
(3)The person may make the appeal within 3 months after the person is given the statement of reasons.
(4)The court may extend the period for making an appeal, even though the time for making the appeal has ended.

s 215 amd 2007 SL No. 122 s 26; 2007 SL No. 314 s 13; 2009 Act No. 24 s 470

216Starting appeals

(1)An appeal is started by filing a written notice of appeal with the court.
(2)A copy of the notice must be served on the decision maker.
(3)An appeal may be made to the Industrial Magistrates Court nearest the place where the applicant resides or carries on business.

s 216 amd 2009 Act No. 24 s 471

217Stay of operation of decisions

(1)A court may grant a stay of the decision to secure the effectiveness of the appeal.
(2)A stay—
(a)may be given on the conditions the court considers appropriate; and
(b)operates for the period fixed by the court; and
(c)may be revoked or amended by the court.
(3)The period of a stay under this section must not extend past the time when the court decides the appeal.
(4)An appeal against a decision affects the decision, or carrying out of the decision, only if the decision is stayed.

218Powers of court on appeal

(1)In deciding an appeal, a court—
(a)has the same powers as the decision maker; and
(b)is not bound by the rules of evidence; and
(c)must comply with natural justice; and
(d)may hear the appeal in court or in chambers.
(2)An appeal is by way of rehearing.
(3)The court may—
(a)confirm the decision; or
(b)set aside the decision and substitute another decision; or
(c)set aside the decision and return the issue to the decision maker with the directions the court considers appropriate.

219Effect of court’s decision on appeal

If the court substitutes another decision, the substituted decision is, for this regulation (other than this chapter), taken to be the decision maker’s decision.

220Procedure of court

(1)The power to make rules of court for an Industrial Magistrates Court under the Industrial Relations Act 1999 includes power to make rules of court for appeals to the court under this part.
(2)The procedure for appeal to a court under this part is—
(a)in accordance with its rules of court; or
(b)in the absence of relevant rules, as directed by an industrial magistrate.
(3)The court may make any order about costs it considers just.

s 220 amd 2009 Act No. 24 s 472

221Appeals

An appeal to the Industrial Court from a decision of an Industrial Magistrates Court may be made only on a question of law.

s 221 amd 2009 Act No. 24 s 473

Chapter 10 General provisions

Part 1 Application of Judicial Review Act to State electricity entities

pt hdg amd 2009 Act No. 13 s 213 sch 5

222Commercial and excluded activities for Act, s 256

(1)For section 256(1), definition excluded activities, of the Act, a community service obligation for the charging of customers by a State electricity entity in accordance with price equalisation, or at a price fixed by the Minister, is a prescribed community service obligation.
(2)For section 256(2) of the Act, negotiations between the Ministers and a State electricity entity about costs and charges for providing electricity as a community service obligation are declared to be commercial activities of the State electricity entity.
(3)For section 256(2) of the Act, the activities of the System Operator for Queensland are declared to be commercial activities.
(4)In this section—
Ministers means the Minister who administers the Act and the Minister who administers the Government Owned Corporations Act 1993.
price equalisation means a system for charging customers the same price for the supply of electricity, whether or not the cost of the supply is the same.

s 222 amd 2009 Act No. 13 s 213 sch 5

Part 1A Distribution network code provisions

pt hdg ins 2007 SL No. 122 s 29

amd 2014 SL No. 338 s 31

Division 1 Proposals to amend

div hdg ins 2007 SL No. 122 s 29

222AProposal to amend

(1)Any person (the proponent) may ask QCA to amend a distribution network code in a stated way (the proposal).
(2)However, the proposal may be made only in the way QCA reasonably requires.
(3)Also, QCA may require the proponent to, in making the proposal, justify how it meets the QCA code objective.

s 222A ins 2007 SL No. 122 s 29

amd 2014 SL No. 338 s 13 (1)

222BQCA response to proposal

(1)This section applies only when any requirements under section 222A relating to the proposal have been complied with.
(2)QCA must, within 2 months, decide whether or not it will submit the proposal for consultation under division 2.
(3)If QCA decides to submit the proposal, QCA may submit it in any form it considers appropriate, with or without change.

s 222B ins 2007 SL No. 122 s 29

222CNotice of decision not to submit for consultation

If QCA decides not to submit the proposal for consultation under division 2, it must, as soon as practicable after making the decision, give the proponent a written notice stating the decision and its reasons for the decision.

s 222C ins 2007 SL No. 122 s 29

222DQCA-initiated amendments not affected

To remove any doubt, it is declared that this division does not prevent QCA from amending the distribution network code on its own initiative.

s 222D ins 2007 SL No. 122 s 29

amd 2014 SL No. 338 s 13 (2)

Division 2 Required consultation for QCA making or amending distribution network code

div hdg ins 2007 SL No. 122 s 29

amd 2014 SL No. 338 s 32

Subdivision 1 Preliminary

sdiv hdg ins 2007 SL No. 122 s 29

222EPrescribed consultation—Act, ss 120H(2) and 120PA(1)

(1)For sections 120H(2) and 120PA(1) of the Act, the consultation required to be engaged in before QCA may make or amend a distribution network code is any steps as required under subdivisions 2 and 3.
(2)For subsection (1), the consultation is taken to have been engaged in if the required steps have been substantially carried out or complied with.

s 222E ins 2007 SL No. 122 s 29

amd 2014 SL No. 338 s 13 (1)

222FApplication of div 2 for amendments

(1)If QCA proposes to amend a distribution network code, this division applies—
(a)as if a reference to a proposed distribution network code were a reference to the proposed amendment; and
(b)as if a reference to a draft or final version of a proposed code were a reference to the proposed amendment.
(2)However, QCA may comply with a requirement to publish the proposed amendment by publishing the full distribution network code as amended by the proposed amendment.

s 222F ins 2007 SL No. 122 s 29

amd 2014 SL No. 338 s 13

Subdivision 2 Interim steps

sdiv hdg ins 2007 SL No. 122 s 29

222GApplication of sdiv 2

This subdivision does not apply if—
(a)QCA decides the issues for the proposed distribution network code are minor; or
(b)QCA reasonably considers that it is unnecessary or inappropriate to carry out the steps provided for under this subdivision.

s 222G ins 2007 SL No. 122 s 29

amd 2014 SL No. 338 s 13 (2)

222HInterim consultation notice

(1)QCA must—
(a)prepare a written notice (the interim consultation notice) about the proposed distribution network code; and
(b)publish the interim consultation notice on its website; and
(c)give the interim consultation notice to anyone it reasonably believes will be interested in the proposed distribution network code.
(2)The interim consultation notice must state—
(a)where a document (the issues document) discussing interim issues for the proposed distribution network code may be inspected; and
(b)a period (the interim consultation period) during which anyone may make written submissions to QCA about the issues.
(3)The issues document may, but need not be, a draft of the proposed distribution network code.
(4)The interim consultation period must be a period that is reasonable, having regard to the complexity of the interim issues.

s 222H ins 2007 SL No. 122 s 29

amd 2014 SL No. 338 s 13 (2)

222ISubmissions

Anyone may, within the interim consultation period, make a written submission to QCA about the issues mentioned in the issues document.

s 222I ins 2007 SL No. 122 s 29

222JConsidering submissions

QCA must, as soon as practicable after the interim consultation period ends, consider all written submissions made under section 222I within that period.

s 222J ins 2007 SL No. 122 s 29

222KRelease of draft report and draft proposed code

(1)QCA must, after complying with section 222J, publish on its website—
(a)a draft report about the material issues for the proposed distribution network code; and
(b)a draft of the proposed distribution network code.
(2)The draft of the proposed distribution network code may be a first draft or a revision of any draft of the proposed distribution network code that formed the issues document.

s 222K ins 2007 SL No. 122 s 29

amd 2014 SL No. 338 s 13 (2)

Subdivision 3 Final steps

sdiv hdg ins 2007 SL No. 122 s 29

222LFinal consultation notice

(1)This section applies if subdivision 2 did not apply or if any steps required under the subdivision have been carried out or complied with.
(2)If subdivision 2 did not apply, QCA must first publish on its website—
(a)a draft report about the material issues for the proposed distribution network code; and
(b)a draft of the proposed distribution network code.
(3)QCA must—
(a)prepare a written notice (the final consultation notice) about the proposed distribution network code; and
(b)publish the final consultation notice on its website; and
(c)give the final consultation notice to anyone it reasonably believes will be interested in the proposed distribution network code.
(4)The final consultation notice must state—
(a)that QCA has made a draft report about the material issues for the proposed distribution network code and a draft of the proposed distribution network code; and
(b)where the drafts may be inspected; and
(c)a period (the final consultation period) during which anyone may make written submissions to QCA about the drafts.
(5)The final consultation period must be a period that is reasonable, having regard to the complexity of the drafts.

s 222L ins 2007 SL No. 122 s 29

amd 2014 SL No. 338 s 13 (2)

222MSubmissions

Anyone may, within the final consultation period, make a written submission to QCA about the drafts published under section 222L(2).

s 222M ins 2007 SL No. 122 s 29

222NConsidering submissions

QCA must, as soon as practicable after the final consultation period ends, consider all written submissions made under section 222M within that period.

s 222N ins 2007 SL No. 122 s 29

222ORelease of final report and final proposed code

QCA must, after complying with section 222N, publish on its website—
(a)a final report about the material issues for the proposed distribution network code; and
(b)a final version of the proposed distribution network code.

s 222O ins 2007 SL No. 122 s 29

amd 2014 SL No. 338 s 13 (2)

Part 2 Declared State electricity entities

223[Repealed]

s 223 om 2008 SL No. 92 s 5

224Declarations—Act, s 259A(2)

(1)Each of the following entities is declared to be a State electricity entity for the employment conditions, under chapter 8, of its employees—
(a)Energy Queensland Limited ACN 612 535 583;
(b)SPARQ Solutions Pty Ltd ACN 110 073 400.
(2)Kogan Creek Power Pty Ltd ACN 088 229 789 is declared to be a State electricity entity for the employment conditions, under sections 167 to 169 and chapter 8, parts 3, 4 and 5, of its employees.
(3)Energy Queensland Limited ACN 612 535 583 is declared to be a State electricity entity for section 256 of the Act.

s 224 amd 2006 SL No. 279 s 3; 2016 SL No. 100 s 20

Part 3 Miscellaneous

225Approved industry superannuation scheme

On and from 1 July 1995 the Electricity Supply Industry Superannuation Fund (Qld) is an approved industry superannuation scheme.

225A Prescribed amount—small photovoltaic generator connected at particular premises

(1)This section applies if section 55DBA applies in relation to electricity produced by a photovoltaic system connected at a particular premises to a supply network.
(2)For the Act, schedule 5, definition small photovoltaic generator, paragraph (a), the amount for the photovoltaic system is 30 kilowatts.

s 225A ins 2017 SL No. 178 s 3

225B Obtaining information for price determinations

(1)A pricing entity may, in writing, ask AEMO for relevant information, including protected information, the pricing entity requires to make a price determination under chapter 4, part 2, division 3 of the Act.
(2)AEMO must, within the reasonable period stated in the request, give the relevant information to the pricing entity unless, in the circumstances, AEMO could not reasonably have been expected to have, or to be able to obtain, the information.
(3)In this section—
protected information see the National Electricity (Queensland) Law, section 54(1).

s 225B ins 2018 SL No. 26 s 3

226Fees

(1)The fees payable to the regulator under the Act are in schedule 7.
(2)Schedule 8 states the maximum fees payable to an electricity entity for the matters stated in the schedule.
(3)To remove any doubt, the following is declared for each maximum fee under schedule 8 for a matter—
(a)the fee is the maximum amount payable for the matter regardless of whether the fee is charged under the Act, a distribution network code or a contract;
(b)the maximum applies to amounts payable by a customer to a retailer or distribution entity or by a retailer to a distribution entity.

s 226 amd 2007 SL No. 122 s 30; 2014 SL No. 338 s 33

227Forms

The regulator may approve forms for use under the Act.

Part 4 Transitional provisions

Division 1 Transitional provisions for original regulation

div hdg ins 2007 SL No. 122 s 31

228Definition for div 1

In this division—
1994 regulation means the expired Electricity Regulation 1994.

s 228 amd 2007 SL No. 122 s 32

229Continuation of agreements for substations

An agreement under the repealed Electricity Act 1976, section 173 or the 1994 regulation, section 57(1) is taken to be an agreement under section 60.

230Electric lines installed or operated before 1 October 2002

(1)This section applies to an electric line installed or operated immediately before 1 October 2002 under section 157 or 157A of the 1994 regulation as in force immediately before that day.
(2)On and from 1 October 2002, the electric line is taken to have been installed and to be operated under section 21(1) to (3) of the 1994 regulation and section 24(1) to (3) of this regulation.

s 230 amd 2009 SL No. 83 s 7

231Existing registrations of items of prescribed electrical equipment

(1)This section applies to an existing registration in force immediately before 1 September 2006.
(2)On 1 September 2006, the registration is taken to have been given—
(a)under chapter 7; and
(b)despite section 142, for the remainder of its term unless it is cancelled earlier.
(3)In this section—
existing registration means a registration, under the 1994 regulation, of an item of prescribed electrical equipment.

232Existing approvals, notices, decisions, directions and requirements under 1994 regulation

(1)This section applies to an approval, notice, decision, direction or requirement—
(a)given or made by the regulator or an electricity entity (the relevant entity) under a provision (the expired provision) of chapter 2, 3 or 6 of the 1994 regulation; and
(b)in force immediately before 1 September 2006.
(2)On 1 September 2006, the approval, notice, decision, direction or requirement is taken to have been given or made by the relevant entity, under the provision of this regulation that corresponds, or substantially corresponds, to the expired provision.

233Existing applications

An application made by a person under chapter 6 of the 1994 regulation and not decided before 1 September 2006, is taken to have been made under chapter 7 of this regulation.

234Unfinished appeals

An appeal that has been started under the 1994 regulation and not finished before 1 September 2006 continues as if it were an appeal made under chapter 9, part 2, of this regulation.

Division 2 Transitional provisions for Electricity Amendment Regulation (No. 3) 2007

div hdg ins 2007 SL No. 122 s 33

235Small customers for negotiated retail contracts under Act, s 312

(1)For section 312 of the Act, chapter 3, part 1A (other than section 30A) applies for deciding who is a small customer as if—
(a)that part had commenced on the notification day; and
(b)a reference in that part to the FRC day were a reference to the notification day.
(2)In this section—
chapter 3, part 1A means chapter 3, part 1A of this regulation as in force on the FRC day.
notification day means the day this section commenced.

s 235 ins 2007 SL No. 122 s 33

236Existing decisions under s 88 or 211

If, before the FRC day, the regulator had made a decision under section 88 or 211, on the FRC day the decision is taken to have been made by QCA.

s 236 ins 2007 SL No. 122 s 33

237Unfinished referrals and reviews

(1)This section applies if—
(a)immediately before the FRC day—
(i)the regulator had, under section 88, been asked (the referral) to decide an issue in dispute; or
(ii)an application under section 208 had been made to the regulator for a review of a decision; and
(b)the regulator had not made a decision on the issue or review.
(2)The referral or application is taken to have been made to QCA.
(3)The regulator must give QCA the referral or application and any documents or information given to the regulator for the referral or review.

s 237 ins 2007 SL No. 122 s 33

238Contestable customers for National Electricity Rules

For clauses 9.32.1(a)(2) and 9.34.4(b) of the National Electricity Rules, a contestable customer is prescribed to be any customer other than an excluded customer.

s 238 ins 2007 SL No. 122 s 33

amd 2009 SL No. 83 s 8

Division 3 Transitional provision for Electricity Amendment Regulation (No. 4) 2007

div hdg ins 2007 SL No. 314 s 14

239Provision for new s 142

(1)New section 142 applies to an item of prescribed electrical equipment whether the item was registered before or after new section 142 commenced.
(2)If the item was registered before new section 142 commenced, its maximum registration term is taken to be the term of registration stated in the notice of registration under section 141 as it was in force before the commencement.
(3)In this section—
new section 142 means section 142 as replaced under the Electricity Amendment Regulation (No. 4) 2007.

s 239 ins 2007 SL No. 314 s 14

Division 4 Transitional provision for Electricity Amendment Regulation (No. 1) 2009

div 4 (s 240) ins 2009 SL No. 83 s 9

240Demand management plans for 2009 financial year

(1)Section 127C(4) applies to a relevant plan as if the reference to each 30 April in the preceding financial year were a reference to 6 July 2009.
(2)Section 127D applies to a relevant plan as if the reference to 31 May in the preceding financial year were a reference to 6 August 2009.
(3)In this section—
relevant plan means a distribution entity’s demand management plan for the financial year starting on 1 July 2009.

div 4 (s 240) ins 2009 SL No. 83 s 9

Schedule 1 Maximum permitted rating of electric motors

sections 93 and 94(1)

Locality

Maximum rating

Aurukun

16kW

Badu Island

13kW

Bamaga

46kW

Boigu Island

10kW

Boulia

16kW

Burketown

16kW

Camooweal

16kW

Coconut Island

10kW

Coen

13kW

Darnley Island

8kW

Dauan Island

7kW

Doomadgee

37kW

Gununa

37kW

Hammond Island

5kW

Kowanyama

37kW

Lockhart River

16kW

Mabuiag Island

7kW

Mapoon

12kW

Moa Island (Kubin and St Pauls communities)

10kW

Murray Island

13kW

Palm Island

38kW

Pormpuraaw

16kW

Saibai Island

8kW

Stephens Island

4kW

Warraber Island

7kW

Wasaga

37kW

Yam Island

10kW

Yorke Island

10kW

Schedule 2 [Repealed]

sch 2 om 2007 SL No. 122 s 34

Schedule 3 Special approval holders treated as electricity entities

section 131

Column 1

Special approval holder

Column 2

Provisions of Act

1

the holder of a special approval authorising the holder to provide electricity to a customer

chapter 2, part 2

2

each holder for the time being of special approval no. SA01/07 authorising the operation of an electric line

116A

3

the holder of any special approval

section 120 chapter 5, part 4

4

Essential Energy, under special approval no. SA01/11

section 131A

5

RTA Weipa Pty Ltd, under special approval no. SA18/98

chapter 2, part 9
chapter 4, part 4, divisions 1, 2 and 4
sections 112, 113, 113B and 114
chapter 6

sch 3 amd 2007 SL No. 13 s 3; 2007 SL No. 122 s 35; 2011 SL No. 42 s 7; 2014 SL No. 338 s 34; 2016 SL No. 51 s 3

Schedule 4 Prescribed electrical equipment and relevant standards

schedule 9, definitions prescribed electrical equipment and relevant standard

Part 1 Equipment requiring registration and labelling

Prescribed electrical equipment

Relevant standard

1

clothes washing machines

AS/NZS 2040—Performance of household electrical appliances—clothes washing machines, part 1 Methods for measuring performance, energy and water consumption and part 2 Energy efficiency labelling requirements

2

dishwashers

AS/NZS 2007—Performance of household electrical appliances—dishwashers, part 1 Methods for measuring performance, energy and water consumption and part 2 Energy efficiency labelling requirements

3

refrigerating appliances

AS/NZS 4474—Performance of household electrical appliances—refrigerating appliances, part 1 Energy consumption and performance and part 2 Energy labelling and minimum energy performance standard requirements

4

single-phase non-ducted household air conditioners and heat pumps

AS/NZS 3823—Performance of electrical appliances—Air conditioners and heat pumps, part 2 Energy labelling and minimum energy performance standard (MEPS) requirements

5

rotary clothes dryers

AS/NZS 2442—Performance of household electrical appliances—Rotary clothes dryers, part 1 Energy consumption and performance and part 2 Energy labelling requirements

6

fluorescent lamp ballasts

AS/NZS 4783—Performance of electrical lighting equipment—Ballasts for fluorescent lamps, part 1 Method of measurement to determine energy consumption and performance of ballasts lamp circuits, and part 2 Energy labelling and minimum energy performance standards requirements

7

televisions

AS/NZS 62087—Power consumption of audio, video and related equipment, part 2.2 Minimum energy performance standards (MEPS) and energy rating label requirements for television sets

Part 2 Equipment requiring registration only

Prescribed electrical equipment

Relevant standard

1

storage water heaters and heat exchange water heaters

AS/NZS 4692—Electric water heaters, part 1 Energy consumption, performance and general requirements and part 2 Minimum energy performance standard (MEPS) requirements and energy labelling

2

3-phase cage induction motors

AS/NZS 1359—Rotating electrical machines—General requirements, part 5 High efficiency and minimum energy performance standards requirements

3

double-capped fluorescent lamps

AS/NZS 4782—Double-capped fluorescent lamps—Performance specifications, part 1 General and part 2 Minimum energy performance standard (MEPS)

4

refrigerated display cabinets

AS 1731—Refrigerated display cabinets, part 1 Terms and definitions and part 14 Minimum energy performance standard (MEPS) requirements

5

power transformers

AS 2374—Power transformers, part 1 General and part 1.2 Minimum energy performance standard (MEPS) requirements for distribution transformers

6

digital television set-top boxes

AS/NZS 62087—Power consumption of audio, video and related equipment, part 2.1 Minimum energy performance standards (MEPS) requirements for digital television set-top boxes

7

external power supplies

AS/NZS 4665—Performance of external power supplies, part 2 Minimum energy performance standard (MEPS) requirements

8

liquid-chilling packages

AS/NZS 4776—Liquid-chilling packages using the vapour compression cycle, part 2 Minimum energy performance standard (MEPS) and compliance requirements

9

close control air conditioners

AS/NZS 4965—Performance of close control air conditioners, part 2 Minimum energy performance standard (MEPS) requirements

10

incandescent general lighting service lamps

AS 4934.2—Incandescent lamps for general lighting services, part 2 Minimum energy performance standards (MEPS) requirements

11

extra low voltage halogen lamps (non-reflector)

AS 4934.2—Incandescent lamps for general lighting services, part 2 Minimum energy performance standards (MEPS) requirements

12

self-ballasted compact fluorescent lamps (non-reflector)

AS/NZS 4847—Self-ballasted lamps for general lighting services, part 2 Minimum energy performance standards (MEPS) requirements

13

mains voltage halogen lamps (non-reflector)

AS 4934.2—Incandescent lamps for general lighting services, part 2 Minimum energy performance standards (MEPS) requirements

14

extra low voltage halogen lamps (reflector)

AS 4934.2—Incandescent lamps for general lighting services, Part 2 Minimum energy performance standards (MEPS) requirements

15

candle lamps (>40W)

AS 4934.2—Incandescent lamps for general lighting services, Part 2 Minimum energy performance standards (MEPS) requirements

16

fancy round lamps (>40W)

AS 4934.2—Incandescent lamps for general lighting services, Part 2 Minimum energy performance standards (MEPS) requirements

17

decorative lamps (>40W)

AS 4934.2—Incandescent lamps for general lighting services, Part 2 Minimum energy performance standards (MEPS) requirements

18

transformers and voltage convertors for extra low voltage halogen lamps

AS/NZS 4879.2—Performance of transformers and electronic step-down convertors for ELV lamps—Minimum energy performance standards (MEPS) requirements

Part 3 Equipment requiring registration that may be labelled

Prescribed electrical equipment

Relevant standard

1

single-phase ducted household or commercial air conditioners and heat pumps

AS/NZS 3823—Performance of electrical appliances—Air conditioners and heat pumps, part 2 Energy labelling and minimum energy performance standard (MEPS) requirements

2

single-phase non-ducted commercial air conditioners and heat pumps

AS/NZS 3823—Performance of electrical appliances—Air conditioners and heat pumps, part 2 Energy labelling and minimum energy performance standard (MEPS) requirements

3

3-phase household or commercial air conditioners and heat pumps

AS/NZS 3823—Performance of electrical appliances—Air conditioners and heat pumps, part 2 Energy labelling and minimum energy performance standard (MEPS) requirements

sch 4 amd 2007 SL No. 50 s 3; 2009 SL No. 138 s 6; 2009 SL No. 172 s 10; 2009 SL No. 197 ss 5, 7; 2010 SL No. 321 s 5; 2011 SL No. 254 s 3

Schedule 5 QCA review of decisions

section 208

Section

Description of decision

15(1)

facilities electricity entity decides are necessary to attach an overhead service line to the customer’s premises or for the entrance, support, protection and termination of an underground service line

36(2)(a)

requirement by distribution entity for customer to regulate the use of an electrical article

36(2)(b)

requirement by distribution entity for customer to use or deal with electricity supplied in the stated way

36(2)(c)

requirement by distribution entity for customer to ensure a motor installation or starting device connected to a source of electricity supply complies with the requirements of the regulator

36(2)(d)

requirement by distribution entity for customer about the power factor of an electrical installation

37

refusal by distribution entity to provide customer connection services to customer’s electrical installation

40

decision to require changes to a customer’s electrical installation

41

decision to make requirement about provision of links for connecting meters to an incoming electricity supply to a customer’s premises

45(2)

decision to make requirement about space, housing, mounting and connecting facilities for a meter or control apparatus for a customer’s premises

46(2)

decision to make requirement about provision of safe access to a customer’s premises

46(3)

decision to install alternative metering or other equipment on a customer’s premises

59(2)

requirement by distribution entity for provision of space for a substation, a right of way or access to the supplier’s equipment

sch 5 amd 2007 SL No. 122 s 36; 2014 SL No. 338 s 35

Schedule 6 External reviews of administrative decisions by QCAT

section 212(b)

Section

Description of decision

24(4)

direction by the regulator to a person to take away an electric line

139(1)

refusal to register an item of prescribed electrical equipment

141(1)(a)

decision to fix a maximum registration term for an item of prescribed electrical equipment of less than 5 years

144

refusal to change an energy efficiency label

147(2)

refusal to approve transfer of registration of item of prescribed electrical equipment

149(1) or (2)

decision to cancel a registration of item of prescribed electrical equipment other than at the request of the holder of the registration

211

decision by QCA on internal review

sch 6 amd 2007 SL No. 122 s 37; 2007 SL No. 314 s 15; 2009 Act No. 24 s 474

Schedule 7 Fees payable to regulator

section 226(1)

$

1

Application for generation authority (Act, s 179)

1,691.00

2

Application for transmission authority (Act, s 188)

1,691.00

3

Application for distribution authority (Act, s 196)

1,691.00

4

Application for special approval (Act, s 209)

493.90

5

Application for transfer of a generation authority, transmission authority, distribution authority or special approval (Act, s 184A, 193A, 201A or 212A)

156.90

6

Application for registration of an item of prescribed electrical equipment (s 138)

217.90

7

Application for approval of a change to an energy efficiency label (s 144)

217.90

8

Application for approval of transfer of registration of an item of prescribed electrical equipment (s 147)

72.55

9

Inspection of the register (s 154)

14.20

10

Copy of 1 entry in the register (s 154)

28.75

sch 7 sub 2007 SL No. 122 s 38; 2008 SL No. 192 s 6; 2009 SL No. 73 s 7; 2010 SL No. 116 s 10; 2011 SL No. 93 s 4; 2012 SL No. 94 s 4; 2013 SL No. 85 s 4

amd 2013 SL No. 105 s 7

sub 2014 SL No. 138 s 4; 2015 SL No. 59 s 4; 2016 SL No. 93 s 4; 2017 SL No. 74 s 4; 2018 SL No. 63 s 10

Schedule 8 Maximum fees payable to electricity entity

section 226(2)

Part 1 Meter reading and testing

$

1

Special meter reading by Energex

38.40

2

Special meter reading by Ergon Energy

44.60

3

Testing of a meter by a distribution entity

20.65

Part 2 Disconnection and reconnection

$

1

Disconnection of supply of electricity to premises

nil

2

Reconnection of supply of electricity to a customer’s (the current customer’s) premises after disconnection at a customer’s request or under the National Energy Retail Rules, rule 119(1)(g) to (i)—

(a)  if the reconnection is made during ordinary business hours

nil

(b)  if the reconnection is made outside ordinary business hours at the current customer’s request

125.10

3

Reconnection of supply of electricity to a customer’s premises other than as mentioned in item 2—

(a)  if the reconnection is made during ordinary business hours

51.90

(b)  if the reconnection is made outside ordinary business hours at the customer’s request

125.10

Part 3 Temporary connections

$

1

Temporary connection of a supply of electricity to a building site by Ergon Energy during ordinary business hours (single-phase or multi-phase)

469.90

2

Temporary connection of a supply of electricity by Energex during ordinary business hours (current transformer or no current transformer)

469.90

Part 4 Other services

  

$

1

Service to a customer conducted by Ergon Energy that is an excluded service, other than a service mentioned in part 1, 2 or 3, if—

 
 

(a)  the service is for premises connected to a long rural feeder or an isolated feeder; and

 

(b)  QCA has not approved for the service a maximum charge that is stated by QCA to be “price on application”

The maximum charge approved by QCA for the service for customers connected to urban feeders

sch 8 sub 2007 SL No. 122 s 38; 2008 SL No. 194 s 4; 2010 SL No. 116 s 11; 2011 SL No. 93 s 4; 2012 SL No. 94 s 4; 2013 SL No. 85 s 4; 2014 SL No. 138 s 4

amd 2015 SL No. 59 s 5; 2016 SL No. 93 s 5; 2017 SL No. 74 s 5; 2018 SL No. 63 s 11

Schedule 9 Dictionary

section 3

actual meter reading means an actual meter reading as defined under the metrology procedure made under the National Electricity Rules.

def actual meter reading ins 2008 SL No. 194 s 5

affected customer ...

def affected customer sub 2007 SL No. 122 s 39(1)–(2)

om 2014 SL No. 338 s 38(1)

apportioned amount ...

def apportioned amount ins 2010 SL No. 337 s 10(2)

amd 2014 SL No. 94 s 7(2)

om 2014 SL No. 338 s 38(1)

approved demand management plan, for chapter 4, part 2, division 2, see section 127A.

def approved demand management plan ins 2009 SL No. 83 s 10(1)

approved form means a form approved by the regulator under section 227.
approved testing entity, for a test or examination, means—
(a)a body accredited by the National Association of Testing Authorities, Australia ABN 59 004 379 74 (NATA) to perform the test or examination; or
(b)a body accredited by another body, operating under a reciprocal agreement with NATA, to perform the test or examination; or
(c)a body approved by the regulator to perform the test or examination.

def approved testing entity ins 2007 SL No. 314 s 16(1)

AS 60038 means AS 60038 (Standard voltages) as in force from time to time.

def AS 60038 ins 2017 SL No. 223 s 5

AS/NZS means a joint Standards Australia and Standards New Zealand standard.
benchmark retail cost index ...

def benchmark retail cost index ins 2007 SL No. 122 s 39(2)

om 2014 SL No. 94 s 7(1)

billing cycle ...

def billing cycle ins 2008 SL No. 194 s 5

om 2014 SL No. 338 s 38(1)

capital contribution ...

def capital contribution om 2014 SL No. 338 s 38(1)

casual employee means a GOE industry employee mentioned in section 188.
category 1 qualifying customer see section 30AA(2).

def category 1 qualifying customer ins 2014 SL No. 338 s 38(2)

category 1 small customer ...

def category 1 small customer ins 2012 SL No. 211 s 6

amd 2014 SL No. 94 s 7(3)

om 2014 SL No. 338 s 38(1)

category 2 small customer ...

def category 2 small customer ins 2012 SL No. 211 s 6

om 2014 SL No. 94 s 7(1)

check testing, for an item of prescribed electrical equipment, see section 157.
classification ...

def classification ins 2007 SL No. 122 s 39(2)

om 2014 SL No. 338 s 38(1)

closing day ...

def closing day ins 2010 SL No. 337 s 10(2)

om 2014 SL No. 338 s 38(1)

competent person ...

def competent person om 2007 SL No. 122 s 39(1)

consumers terminals means the point where a customer’s electrical installation is connected to the relevant supplier’s works.
consumption means consumption of electricity.

def consumption ins 2007 SL No. 122 s 39(2)

cooling-off period ...

def cooling-off period om 2007 SL No. 122 s 39(1)

corresponding law, for chapter 7, means 1 of the following laws—
Electrical Products Act 2000 (SA)
Energy and Utilities Administration Act 1987 (NSW)
Electricity Safety Act 1998 (Vic).

def corresponding law amd 2007 SL No. 314 s 16(2)

decision maker, for chapter 9, part 2, division 2, means the entity whose decision is appealed against.
defaulting retailer ...

def defaulting retailer ins 2007 SL No. 122 s 39(2)

om 2014 SL No. 338 s 38(1)

demand management, for chapter 4, part 2, division 2, see section 127A.

def demand management ins 2009 SL No. 83 s 10(1)

demand management plan, for chapter 4, part 2, division 2, see section 127A.

def demand management plan ins 2009 SL No. 83 s 10(1)

distribution entity ...

def distribution entity amd 2007 SL No. 122 s 39(3)

om 2014 SL No. 338 s 38(1)

draft decision material ...

def draft decision material ins 2007 SL No. 122 s 39(2)

om 2011 Act No. 29 s 16(1)

EGTS award see section 171.
electrical appliance means an appliance that uses electricity.
electrical installation includes part of an electrical installation.
Electricity Industry Code means the industry code of that name made by the Minister on 28 June 2007 under section 120B of the Act as in force immediately before the commencement of the Electricity Competition and Protection Legislation Amendment Act 2014, section 60.

def Electricity Industry Code om 2007 SL No. 122 s 39(1)

ins 2008 SL No. 194 s 5

sub 2014 SL No. 338 s 38

electricity industry employee, for a State electricity entity, means a person—
(a)who is employed by the entity; and
(b)whose employment is—
(i)in, or relates to, the electricity industry; and
(ii)under a classification and salary level or point mentioned in the EGTS award.

def electricity industry employee amd 2007 SL No. 122 s 39(4)

employment entitlement, for chapter 8, see section 167.
Energex means Energex Limited ACN 078 849 055.

def Energex ins 2008 SL No. 194 s 5

ESIE award ...

def ESIE award om 2007 SL No. 122 s 39(1)

Essential Energy means Essential Energy established under the Energy Services Corporations Act 1995 (NSW).

def Essential Energy ins 2011 SL No. 42 s 8

excluded service means a service to a customer by a distribution entity that, under the National Electricity Rules, QCA decides is an excluded service for customers.

def excluded service ins 2008 SL No. 194 s 5

expression of interest ...

def expression of interest ins 2010 SL No. 337 s 10(2)

om 2014 SL No. 338 s 38(1)

final consultation period, for chapter 10, part 1A, see section 222L(4)(c).

def final consultation period ins 2007 SL No. 122 s 39(2)

sub 2011 Act No. 29 s 16

former employer, for chapter 8, part 3, see section 178(1).
former employment, for chapter 8, part 4, see section 184(1).
FRC day means the FRC day under section 310 of the Act.

def FRC day ins 2007 SL No. 122 s 39(2)

future employer, for chapter 8, see section 168(2)(d).
GOE industry means all State electricity entities collectively, including entities declared to be State electricity entities under section 224.
GOE industry employee
(a)means a person employed by a State electricity entity, including an entity declared to be a State electricity entity under section 224, in a full-time, part-time or casual capacity; and
(b)includes the chief executive officer of the entity.
high voltage means a voltage of more than 1,000V.
host retail entity ...

def host retail entity om 2007 SL No. 122 s 39(1)

industrial instrument, for chapter 8, part 2, see section 171.
Industrial Relations Act means the Industrial Relations Act 1999.
Industrial Relations Commission means the Queensland Industrial Relations Commission continued in existence under section 255 of the Industrial Relations Act.
information notice, for an action or decision of the regulator or another entity, means a notice stating each of the following—
(a)the action or decision;
(b)for an action or decision of the regulator—the reasons for the decision;
(c)for an action or decision of another entity—that a person who may seek an internal review can ask the entity for a written statement of reasons for the action or decision;
(d)the rights of internal review under this regulation;
(e)the period in which any internal review under this regulation must be started;
(f)how rights of internal review under this regulation are to be exercised.

def information notice amd 2009 Act No. 24 s 475

insolvency official ...

def insolvency official om 2014 SL No. 338 s 38(1)

interim consultation period, for chapter 10, part 1A, see section 222H(2)(b).

def interim consultation period ins 2007 SL No. 122 s 39(2)

sub 2011 Act No. 29 s 16

isolated feeder see the Electricity Industry Code, section 10.1.1.

def isolated feeder ins 2008 SL No. 194 s 5

issues document see section 222H(2)(a).

def issues document ins 2007 SL No. 122 s 39(2)

jurisdictional regulator has the meaning given in the National Electricity Rules.
locality allowance means an allowance payable to an employee stationed in a centre distant from Brisbane to assist in offsetting the disadvantages associated with residence in the centre.
long rural feeder see the Electricity Industry Code, section 10.1.1.

def long rural feeder ins 2008 SL No. 194 s 5

loss factor has the meaning given in the National Electricity Rules.
lot ...

def lot om 2007 SL No. 122 s 39(1)

low voltage means a voltage of no more than 1,000V.
maximum registration term, for an item of prescribed electrical equipment, means its maximum registration term fixed under section 141(1)(a).

def maximum registration term ins 2007 SL No. 314 s 16(1)

metering coordinator, for chapter 3, part 1, division 2, see section 39.

def metering coordinator ins 2018 SL No. 1 s 13(2)

network device has the meaning given in the National Electricity Rules.

def network device ins 2018 SL No. 1 s 13(2)

new employer, for chapter 8, part 3, see section 178(1).
new employment, for chapter 8, part 4, see section 184(1).
owner, for chapter 3, part 1, division 3, see section 58.
power factor has the meaning given in the National Electricity Rules.
prescribed electrical equipment means an item of electrical equipment stated in schedule 4, column 1, as defined in the relevant standard.
previous employer, for chapter 8, see section 168(2)(a).
proponent, for a proposed amendment of a distribution network code, see section 222A(1).

def proponent ins 2007 SL No. 122 s 39(2)

amd 2014 SL No. 338 s 13(1)

proportionate amount, for chapter 8, see section 175.
proposal, for a distribution network code amendment, see section 222A(1).

def proposal ins 2007 SL No. 122 s 39(2)

amd 2014 SL No. 338 s 13(1)

proposed transferee, for prescribed electrical equipment, see section 147.

def proposed transferee amd 2009 SL No. 83 s 10(2)

reclassification application ...

def reclassification application ins 2007 SL No. 122 s 39(2)

om 2014 SL No. 338 s 38(1)

recovery amount ...

def recovery amount ins 2010 SL No. 337 s 10(2)

om 2014 SL No. 338 s 38(1)

redundancy payment, for chapter 8, see section 167.
redundant, for chapter 8, see section 168(1).
redundant employee, for chapter 8, see section 168(2).
register means the register the regulator keeps under section 153.
registered owner ...

def registered owner om 2007 SL No. 122 s 39(1)

relevant distribution entity ...

def relevant distribution entity, for a ROLR event, ins 2010 SL No. 337 s 10(2)

om 2014 SL No. 338 s 38(1)

relevant distribution entity ...

def relevant distribution entity, for ch 3, pt 1A, div 1, sub 2007 SL No. 122 s 39(1)–(2)

om 2014 SL No. 338 s 38(1)

relevant person ...

def relevant person ins 2007 SL No. 122 s 39(2)

om 2014 SL No. 338 s 38(1)

relevant retail entity ...

def relevant retail entity ins 2007 SL No. 122 s 39(2)

om 2014 SL No. 338 s 38(1)

relevant standard, for an item of prescribed electrical equipment, means the standard stated in schedule 4 for the equipment item.
relevant supplier, for an electrical installation or premises or an electric line, means the distribution entity or the special approval holder who provides customer connection services to the electrical installation or premises or the line.
responsible person ...

def responsible person ins 2007 SL No. 122 s 39(2)

om 2018 SL No. 1 s 13(1)

retail cost view ...

def retail cost view ins 2007 SL No. 122 s 39(2)

om 2011 Act No. 29 s 16(1)

retail entity ...

def retail entity om 2014 SL No. 338 s 38(1)

retailer authorisation means a retailer authorisation under the NERL (Qld).

def retailer authorisation ins 2014 SL No. 338 s 38(2)

retailer of last resort ...

def retailer of last resort ins 2007 SL No. 122 s 39(2)

sub 2010 SL No. 337 s 10

om 2014 SL No. 338 s 38(1)

ROLR ...

def ROLR ins 2007 SL No. 122 s 39(2)

sub 2010 SL No. 337 s 10

om 2014 SL No. 338 s 38(1)

ROLR contract ...

def ROLR contract ins 2007 SL No. 122 s 39(2)

om 2014 SL No. 338 s 38(1)

ROLR event ...

def ROLR event ins 2007 SL No. 122 s 39(2)

om 2014 SL No. 338 s 38(1)

scheduled meter reading ...

def scheduled meter reading ins 2008 SL No. 194 s 5

om 2014 SL No. 338 s 38(1)

service line means an electric line that connects consumers terminals to the relevant supplier’s works or the works of another electricity entity.

def service line sub 2011 SL No. 255 s 5

single premises ...

def single premises om 2007 SL No. 122 s 39(1)

special meter reading means an actual meter reading that happens at a time other than the time of a scheduled meter reading.

def special meter reading ins 2008 SL No. 194 s 5

standard control service has the meaning given in the National Electricity Rules.

def standard control service ins 2011 SL No. 255 s 5(2)

State electricity entity, for chapter 8, see section 167.
statutory customer contract ...

def statutory customer contract om 2007 SL No. 122 s 39(1)

strategy, for chapter 4, part 2, division 2, see section 127C(2)(a).

def strategy ins 2009 SL No. 83 s 10(1)

suitable alternative employment, for chapter 8, see section 169.
supplier means a distribution entity or special approval holder who provides customer connection services to an electrical installation or premises.
supply point, for a premises, means—
(a)if the premises is connected to the national grid—the connection point for the premises; or
(b)if the premises is connected to a supply network that is not part of the national grid—the supply point for the delivery of electricity to the premises.

def supply point ins 2007 SL No. 122 s 39(2)

suspended retail entity ...

def suspended retail entity om 2007 SL No. 122 s 39(1)

transfer day, for chapter 8, part 3, see section 178(3).
transferred employee, for chapter 8, part 3, see section 177.
urban feeder see the Electricity Industry Code, section 10.1.1.

def urban feeder ins 2008 SL No. 194 s 5

website, for the pricing entity, means, if the entity is the Minister, the department’s website.

def website ins 2007 SL No. 122 s 39(2)

wiring rules means AS/NZS 3000—Electrical installations (known as the Australian/New Zealand Wiring Rules).