Electricity Act 1994

An Act about the electricity industry and use of electricity, and for related purposes

1Short title

This Act may be cited as the Electricity Act 1994.

3Objects of Act

The objects of this Act are to—

(a)set a framework for all electricity industry participants that promotes efficient, economical and environmentally sound electricity supply and use; and

(b)regulate the electricity industry and electricity use; and

(c)establish a competitive electricity market in line with the national electricity industry reform process; and

(d)ensure that the interests of customers are protected; and

(e)take into account national competition policy requirements.

s 3 amd 1997 No. 77 s 4; 2002 No. 42 s 242 sch 1

ch 1 pt 3 hdg sub 2004 No. 51 s 3 sch

amd 2006 No. 60 s 3 sch

4Definitions—the dictionary

The dictionary in schedule 5 defines particular words used in this Act.

5Electricity

Electricity includes electric current, electrical energy and like or related physical qualities.

6Transmission grid

(1)A transmission grid is a system, or part of a system, of electric lines, substations and associated equipment providing connection between generation facilities and supply networks or customers not supplied through supply networks.

(2)A transmission grid includes connections to other transmission grids.

7Regional system control

For the Queensland system, regional system control is—

(a)maintaining the operation and performance of the transmission grid; and

(b)controlling switching of transmission elements and access to them for maintenance, inspection and testing; and

(c)controlling switching of parts of the supply network relevant to the integrity of the Queensland system; and

(d)carrying out other functions prescribed by regulation.

s 7 amd 1997 No. 26 s 4

prev s 7 om 1997 No. 50 s 4

pres s 7 ins 1997 No. 77 s 5

8Supply network

A supply network is a system, or part of a system, of electric lines, substations and associated equipment, other than a transmission grid, for distributing electricity to customers, whether or not generating plant is connected to it.

9Network control

For a supply network, network control is—

(a)coordinating the operation of the supply network and any generators connected to it; or

(b)coordinating maintenance programs and schedules for generating plant and elements of the supply network; or

(c)ensuring the integrity of the supply network; or

(d)controlling switching of elements of the supply network and access to them, including disconnection of load, for maintenance, inspection and testing; or

(e)issuing directions for, and implementing reductions in, demand of customers supplied by the supply network in emergencies when available electricity is limited; or

(f)scheduling and controlling the switching of controllable load.

10Network services

Network services are services for electricity transfer provided by transmission entities and distribution entities to persons connected to a transmission grid or supply network.

Examples of network services—

1providing electricity transfer capacity

2controlling and regulating the characteristics of electricity being transferred

3providing facilities to connect works of generation entities, transmission entities, distribution entities, or electrical installations of customers, to a transmission grid or supply network

s 10 amd 1997 No. 26 s 5

11Ancillary services

Ancillary services are services provided by electricity entities or customers through the operation of their works or installations in ways that are not directly related to the generation and supply of electricity, but are to ensure the stable and secure operation of an electricity system, and its recovery from emergency situations.

Examples of ancillary services—

1providing reserve to the system, including through interruptibility of load

2operating generating and other plant to ensure the stable and secure operation of the system

3maintaining an ability to restore supply to the system after total failure of supply

12Works, substations and operating works

(1)Works are anything used for, or in association with, the generation, transmission or supply of electricity.

Example of works—

electric lines and associated equipment, apparatus, electrical equipment, buildings, control cables, engines, fittings, lamps, machinery, meters, substations and transformers if they are used for, or in association with, the generation, transmission or supply of, electricity

(2)A substation is works used for converting, transforming or controlling electricity.

(3)Operating works are—

(a)for a generation entity—the generating plant, fuel stocks, electrical and other property used for generating electricity or connecting supply to a transmission grid or supply network; or

(b)for a transmission entity—the transmission grid and other property used for operating or managing the transmission grid; or

(c)for a distribution entity—the supply network and other property used for operating or managing the supply network.

Example of other property used for generating electricity—

coal handling facilities for a coal-fired power station and the land where they are situated

s 12 amd 1997 No. 26 s 6; 2002 No. 42 s 242 sch 1

13Meaning of electrical equipment

(1)Electrical equipment is any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire—

(a)used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra low voltage; or

(b)operated by electricity at a voltage greater than extra low voltage; or

(c)that is, or that forms part of, a cathodic protection system.

(2)However, electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire forming part of a vehicle if—

(a)it forms part of a unit of the vehicle that provides propulsion for the vehicle; or

(b)its source of electricity is a unit of the vehicle that provides propulsion for the vehicle.

Examples of things that, under subsection (2), are not electrical equipment—

•the headlights of a vehicle

•ignition spark plugs of a motor vehicle

•the interior lighting system of a vehicle, if powered from a battery charged by the engine that drives the vehicle or by the vehicle’s movement

Examples of things that are not prevented by subsection (2) from being electrical equipment—

•interior lighting or a socket outlet in a caravan, if the lighting or outlet is operated by a low voltage generating set or connected to low voltage supply

•a refrigeration unit in a food delivery vehicle operating at low voltage from a source separate from the propulsion unit for the vehicle

s 13 sub 2002 No. 42 s 242 sch 1

14Meaning of electrical installation

(1)An electrical installation is a group of items of electrical equipment.

(2)However, a group of items of electrical equipment is an electrical installation only if—

(a)all the items are permanently electrically connected together; and

(b)the items do not include items that are works; and

(c)electricity can be supplied to the group from works or from a generating source.

(3)An item of electrical equipment can be part of more than 1 electrical installation.

(4)For subsection (2)(a)—

(a)an item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and

(b)connection achieved through using works must not be taken into consideration for deciding whether items of electrical equipment are electrically connected.

Examples of an electrical installation under this section—

•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shop in a shopping centre

•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a house or residential unit

•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shopping centre. The electrical installation for the shopping centre generally includes the electrical installations for the individual shops

•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a residential unit complex. The electrical installation for the residential unit complex generally includes the electrical installations for the individual residential units

•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected within a caravan

s 14 sub 2002 No. 42 s 242 sch 1

15Meaning of electric line

(1)An electric line is a wire or conductor or associated equipment used for transmitting, transforming, or supplying electricity at a voltage greater than extra low voltage.

(2)However, an electric line does not include—

(a)a wire or conductor directly used in converting electricity into another form of energy; or

(b)a wire or conductor within the internal structure of a building.

Examples of things that are not electric lines—

•a cord for connecting an air-conditioning unit, computer, lamp, television or toaster to a supply of electricity

•a power or lighting circuit within a building

s 15 sub 2002 No. 42 s 242 sch 1

16Meaning of associated equipment for electric line

Associated equipment, for an electric line, means something ordinarily found in association with the electric line, especially for the purpose of protecting, insulating or supporting, or supporting the operation of, the electric line.

Examples of associated equipment—

•a bracket, casing, coating, covering, duct, frame, insulator, pillar, pipe, pole, tower or tube enclosing, surrounding or supporting a wire or conductor

•an air break, circuit breaker, switch, transformer or other apparatus connected to a wire or conductor

s 16 sub 2002 No. 42 s 242 sch 1

16AMeaning of meter

A meter is a device, including any associated equipment, used for measuring electricity.

s 16A ins 2002 No. 42 s 242 sch 1

17Voltage

(1)Voltage is the difference in electrical potential measured in volts.

(2)For alternating current systems, voltage is taken to be the root mean square (RMS) value of the difference.

(3)Unless otherwise provided, voltage is the nominal voltage between phases of a symmetrical 3-phase system.

(4)For electricity supplied from a single wire earth return system originating from a symmetrical 3-phase system, voltage is the nominal voltage between phase and earth.

18Application of Act to government entities

(1)In this section—

government entity includes—

(a)the State, the Commonwealth or another State; or

(b)an instrumentality or agent of the State, the Commonwealth or another State.

(2)This Act binds a government entity only—

(a)to the extent that the entity is, or has a financial interest in, an electricity entity; or

(b)to the extent that the entity is a customer; or

(c)in relation to electricity restriction and rationing; or

(d)in relation to sections 287 and 287A.

s 18 amd 1997 No. 50 s 5; 2002 No. 42 s 242 sch 1; 2004 No. 53 s 2 sch

18ADeclaration for Commonwealth Act

The following are declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth)—

(a)a distribution authority;

(b)a generation authority;

(c)a special approval;

(d)a transmission authority.

s 18A ins 2010 No. 44 s 104

amd 2014 No. 48 s 7

19Act subject to certain laws

(1)This Act is subject to the Gladstone Power Station Agreement Act 1993.

(2)This Act is also subject to the Wet Tropics World Heritage Protection and Management Act 1993, section 56.

Note—

The Wet Tropics World Heritage Protection and Management Act 1993, section 56 prohibits certain acts (for example, destruction of forest products) without an appropriate authority.

ch 1 pt 6 hdg ins 2003 No. 28 s 4

ch 1 pt 6 div 1 hdg ins 2003 No. 28 s 4

ch 1 pt 6 div 1 hdg ins 2003 No. 28 s 4

20Definitions for div 1

In this division—

accounting period ...

s 20 def accounting period om 2014 No. 48 s 8 (1)

common area ...

s 20 def common area om 2014 No. 48 s 8 (1)

common area consumption ...

s 20 def common area consumption om 2014 No. 48 s 8 (1)

first accounting period ...

s 20 def first accounting period om 2014 No. 48 s 8 (1)

on-supplier means a person who—

(a)is the owner or occupier of premises or has the right to use premises; and

(b)supplies electricity for use in the premises.

Examples of persons under paragraph (a)—

•an owner, occupier or a person who has a right to use a caravan park, exhibition centre, hostel, hotel, industrial park, lodging house, marina, market arcade, motel or shopping centre

•a relevant body corporate

s 20 def on-supplier amd 2014 No. 48 s 8 (2)

on-supplier’s premises, for a person who is an on-supplier, means the premises for which the person is an on-supplier.

on-supply agreement ...

s 20 def on-supply agreement om 2014 No. 48 s 8 (1)

receiver means a person who owns, occupies or has the right to use premises and to whom electricity is supplied by an on-supplier for the premises.

s 20 def receiver amd 2014 No. 48 s 8 (3)

s 20 sub 2003 No. 28 s 4

ch 1 pt 6 div 1 hdg ins 2003 No. 28 s 4

20AExemptions for on-suppliers

If an on-supplier complies with subdivisions 5 and 7, the on-supplier is exempted from section 88A.

s 20A ins 2003 No. 28 s 4

amd 2014 No. 48 s 9

ch 1 pt 6 div 1 hdg ins 2003 No. 28 s 4

20HIndividual metering option

(1)A receiver may, at any time—

(a)elect, by written notice given to the relevant on-supplier, to have the receiver’s consumption of electricity supplied from the on-supplier measured by a meter; and

(b)have the meter installed, at the receiver’s expense.

(2)However, the election has effect only if the installation is done in a way—

(a)that complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or

(b)if no written directions are given within the 5 business days—that is reasonable.

(3)In deciding what is reasonable for subsection (2), regard must be had to the interests of the on-supplier and anyone who is an occupier of the on-supplier’s premises.

s 20H ins 2003 No. 28 s 4

amd 2014 No. 48 s 11

20ICompensation for installation damage

(1)This section applies if—

(a)a receiver has, under section 20H, given an on-supplier a written notice of election; and

(b)the receiver installs a meter for electricity supplied from the on-supplier to the receiver; and

(c)either—

(i)no written direction was given by the on-supplier under section 20H; or

(ii)the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or

(iii)the installation was not done in a way that is reasonable; and

(d)a person as follows (the claimant) suffers damage to property because of the installation—

(i)the on-supplier;

(ii)anyone who is an occupier of the on-supplier’s premises.

(2)Compensation for the damage is payable by the receiver to the claimant.

(3)The compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction.

(4)A court may order payment of the compensation only if it is just to make the order in the circumstances of the particular case.

(5)In making the order the court must have regard to—

(a)whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and

(b)if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage.

(6)This section does not limit a civil right or remedy that exists apart from this section, whether at common law or otherwise.

s 20I ins 2003 No. 28 s 4

ch 1 pt 6 div 1 hdg ins 2003 No. 28 s 4

20ONational Electricity Rules exemption required

An on-supplier must be exempt from the requirement under the National Electricity Rules, clause 2.5, to be registered as a network service provider if the on-supplier—

(a)operates a supply network located solely within the on-supplier’s premises; and

(b)supplies electricity using the network.

s 20O ins 2003 No. 28 s 4

amd 2005 No. 51 s 3 sch; 2014 No. 48 s 14

ch 1 pt 6 div 2 hdg ins 2003 No. 28 s 4

20PExemption for connection of generating plant not supplying electricity to transmission grid or supply network

Section 87 does not apply to the connection of a stand-by generating plant to a transmission grid or supply network if—

(a)the connection is only when the operation of the plant is tested; and

(b)electricity is not supplied by the plant into the grid or network.

s 20P ins 2003 No. 28 s 4

20QExemptions for rail government entities, railway managers and their related bodies corporate

(1)A rail government entity is exempted from section 88A in relation to the supply of electricity to Airtrain Citylink Limited ACN 066 543 315 for electricity used—

(a)in connection with the building or use of electrical installations and other works by Airtrain Citylink Limited, as part of a system of electric traction or for signalling purposes, on the Brisbane Airport Rail Link; or

(b)for powering electric rolling stock and railway signals on the Brisbane Airport Rail Link.

(2)The railway manager that operates the nominated network and related bodies corporate of that railway manager are exempted from section 88A in relation to the supply of electricity to a third party access holder for electricity used by the third party access holder—

(a)in connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on the nominated network or connected to the nominated network; or

(b)for powering electric rolling stock and railway signals on the nominated network or rail transport infrastructure owned by the third party access holder and connected to the network.

(3)Subsection (4) applies if electricity is—

(a)supplied—

(i)by a rail government entity to a relevant railway manager; or

(ii)by a relevant railway manager to a rail government entity; and

(b)used—

(i)in connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or

(ii)for powering electric rolling stock and railway signals on rail transport infrastructure.

(4)Each of the following is exempted from section 88A in relation to the supply of the electricity—

(a)the rail government entity mentioned in subsection (3)(a)(i);

(b)the relevant railway manager mentioned in subsection (3)(a)(ii).

(5)In this section—

Airtrain Citylink Limited includes its successors and assigns.

Brisbane Airport Rail Link means the proposed railway shown on CMPS&F Pty Limited drawing no. RQ0159-C029(F)—

(a)

starting at a point 0.313km from the north coast rail line (defined on the drawing as the ownership transfer point); and

(b)finishing at the domestic terminal of Brisbane Airport.

Editor’s note—

A copy of the drawing is available for inspection at the offices of the Department of Transport and Main Roads, Level 12, Capital Hill Building, 85 George Street, Brisbane.

rail government entity see the Transport Infrastructure Act 1994, schedule 6.

railway manager see the Transport Infrastructure Act 1994, schedule 6.

related body corporate has the meaning given in the Corporations Act.

relevant railway manager, in relation to a rail government entity, means—

(a)a railway manager that operates rail transport infrastructure that is directly connected to rail transport infrastructure operated by the rail government entity; or

(b)a related body corporate of a railway manager mentioned in paragraph (a).

Note—

A relevant railway manager may be a rail government entity.

third party access holder means a person who, under an arrangement with a railway manager or a related body corporate of the railway manager, is entitled to access and use a nominated part of its rail transport infrastructure (the nominated network).

s 20Q ins 2003 No. 28 s 4

amd 2008 No. 33 s 50; 2008 No. 67 s 117; 2010 No. 19 s 30; 2013 No. 19 s 120 sch 1; 2014 No. 48 s 15

20QAExemptions for light rail franchisee and light rail manager

(1)A light rail franchisee for a light rail franchise agreement, or a light rail manager for a light rail, is exempted from section 88A in relation to the supply of electricity used—

(a)in connection with the building or use of electrical installations and other works required under a light rail franchise agreement; or

(b)for powering rolling stock and railway signals for a light rail.

(2)In this section—

light rail franchisee means a franchisee for a light rail franchise agreement under the Transport Infrastructure Act 1994, schedule 6.

s 20QA ins 2011 No. 12 s 15

20RRegulation may exempt person or thing from Act

(1)If the Governor in Council considers it necessary because of an emergency or other extraordinary circumstances, a regulation may—

(a)exempt a person or thing from this Act or a provision of this Act; and

(b)impose conditions on the exemption; and

(c)provide that the exemption ceases or continues if a condition of the exemption is contravened.

(2)The regulation expires 6 months after it commences, unless it is earlier repealed.

(3)A person must not contravene a condition of an exemption applying to the person.

Maximum penalty for subsection (3)—50 penalty units.

s 20R ins 2003 No. 28 s 4

21Electricity industry

The electricity industry is the industry involved in generating, transmitting, supplying and selling electricity in the State.

s 21 amd 1997 No. 26 s 7

22Electricity entities

(1)An electricity entity is an entity that is a participant in the electricity industry.

(2)The following entities are the participants in the electricity industry—

(a)generation entities;

(b)transmission entities;

(c)distribution entities.

s 22 amd 1997 No. 26 s 8; 2014 No. 48 s 16

ch 2 pt 2 hdg amd 2006 No. 60 s 3 sch

23Customers and their types

(1)A customer is a person who is a customer under the NERL (Qld), section 5(1).

(2)A large customer is a person who is a large customer under the NERL (Qld), section 5(3).

(3)A small customer is a person who is a small customer under the NERL (Qld), section 5(2).

(4)An excluded customer is a small customer whose premises are connected, or to be connected, to a distribution entity’s supply network that is not connected to the national grid.

s 23 amd 1997 No. 26 s 9; 2002 No. 56 s 6

sub 2006 No. 60 s 5 (amd 2007 No. 17 s 38)

amd 2008 No. 33 s 51; 2008 No. 56 s 6; 2014 No. 48 s 17; 2018 No. 22 s 4

24Customers authorised to take electricity from transmission grid or supply network

If an electricity entity may provide electricity from a transmission grid or supply network to a customer, the customer is taken to be authorised to take electricity from the grid or network.

25Generation entities

A generation entity is a person who holds a generation authority.

26Generation authorities

(1)A generation authority authorises its holder to connect the generating plant stated in the authority to the transmission grid or supply network stated in the authority.

(2)However, a generation authority does not relieve its holder or anyone else from complying with laws applying to the development, building, operation or maintenance of generating plant.

s 26 amd 1997 No. 50 s 6; 1997 No. 77 s 7; 2005 No. 51 s 3 sch; 2014 No. 48 s 18

27Conditions of generation authority

A generation authority is subject to the following conditions—

(a)the generation entity must provide electricity of a quality suitable for the transmission grid or supply network stated in the authority;

(b)the generation entity must comply with—

(i)the technical conditions of connection to a transmission grid or supply network stated in the authority or prescribed under the regulations; and

(ii)if the entity is a Registered participant—the National Electricity Rules; and

(iii)if the entity is connected to the Queensland system—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and

(iv)conditions imposed under the regulations; and

(v)the condition stated in section 28; and

(vi)conditions stated in the authority;

(c)the generation entity must properly take into account the environmental effects of its activities under the authority;

(d)the generation entity must pay the amounts required under the authority or the regulations for administering the authority and its conditions.

s 27 amd 1997 No. 50 s 7; 1997 No. 77 s 8; 2004 No. 51 s 3 sch; 2005 No. 51 s 3 sch; 2006 No. 60 s 6

28Additional condition to comply with protocols, standards and codes

It is also a condition of a generation authority that the generation entity must comply with all protocols, standards and codes applying to the entity under this Act.

s 28 amd 2004 No. 51 s 3 sch

29Transmission entities

A transmission entity is a person who holds a transmission authority.

30Transmission authorities

(1)A transmission authority authorises its holder—

(a)to operate the transmission grid stated in the authority; and

(b)if stated in the authority—to connect the transmission grid to another transmission grid stated in the authority.

(2)However, a transmission authority does not relieve its holder or anyone else from complying with laws applying to the development, building, operation or maintenance of a transmission grid.

31Conditions of transmission authority

(1)A transmission authority is subject to the following conditions—

(a)the transmission entity must comply with—

(i)the technical conditions of operating the transmission grid stated in the authority or prescribed under the regulations; and

(ii)if the entity is a Registered participant—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and

(iii)the conditions stated in sections 32, 33, 34, 35 and 36; and

(iv)conditions imposed under the regulations; and

(v)conditions stated in the authority;

(b)the transmission entity must properly take into account the environmental effects of its activities under the authority;

(c)the transmission entity must pay the amounts required under the authority or the regulations for administering the authority and its conditions;

(d)if the transmission entity is a regulated transmission system operator—the entity must also pay an annual fee that is a proportion of the cost of the State’s funding commitments to national energy market regulation.

(2)The fee mentioned in subsection (1)(d) for a transmission entity is calculated based on the length of the electric lines making up the transmission grid operated by the entity.

(3)In this section—

AEMC has the meaning given in the National Electricity (Queensland) Law.

national energy market regulation means the functions and powers of the AEMC under the National Electricity (Queensland) Law, section 29.

regulated transmission system operator has the meaning given in the National Electricity (Queensland) Law.

s 31 amd 1997 No. 50 s 8; 1997 No. 77 s 9; 2004 No. 53 s 2 sch; 2005 No. 51 s 3 sch; 2006 No. 60 s 7; 2014 No. 31 s 4

32Additional condition to allow connection to grid by complying persons

(1)It is also a condition of a transmission authority that the transmission entity must allow, as far as technically and economically practicable, a person to connect supply to a transmission grid stated in the authority, or take electricity from the grid, on fair and reasonable terms if the conditions stated in subsection (2) are satisfied.

(2)The conditions to be satisfied are as follows—

(a)the person must be authorised under this Act to connect supply or take electricity from the transmission grid;

(b)the grid must be capable of being used safely to connect supply or take electricity as proposed by the person;

(c)the person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the grid;

(d)the person must pay the reasonable cost of connection to the grid.

(3)In deciding whether the condition mentioned in subsection (2)(b) is satisfied, all relevant matters must be considered, including, for example—

(a)the transmission entity’s current obligations; and

(b)the current obligations of other persons connected directly or indirectly to the transmission grid; and

(c)the grid’s capacity.

s 32 amd 1997 No. 77 s 10

33Additional condition not to buy and sell electricity

(1)It is also a condition of a transmission authority held by a transmission entity that operates a regulated transmission grid that the transmission entity must not buy or sell electricity directly or indirectly.

(2)Subsection (1) does not apply to generating, buying or selling electricity—

(a)necessary to operate the transmission entity’s transmission grid or for a purpose associated with the planning, design, construction, maintenance or operation of the transmission grid; or

(b)for the entity’s administrative purposes.

(3)In this section—

regulated transmission grid means a transmission grid that is subject to the regulatory arrangements for transmission service pricing under the National Electricity Rules, chapter 6.

s 33 sub 1997 No. 77 s 11

(2)(c) exp 23 May 1998 (see s 33(3))

amd 2003 No. 28 s 5; 2005 No. 51 s 3 sch

34Additional conditions about grid operation etc.

(1)In addition, a transmission authority is subject to the following conditions—

(a)the transmission entity must operate, maintain (including repair and replace if necessary) and protect its transmission grid to ensure the adequate, economic, reliable and safe transmission of electricity;

(b)the transmission entity must operate the grid in coordination with transmission grids to which it is connected directly or indirectly.

(2)Unless otherwise provided in its authority, it is also a condition of the transmission authority that the transmission entity must ensure, as far as technically and economically practicable, that the transmission grid is operated with enough capacity (and, if necessary, augmented or extended to provide enough capacity) to provide network services to persons authorised to connect to the grid or take electricity from the grid.

35Additional condition to provide network services

It is also a condition of a transmission authority that the transmission entity must provide, as far as technically and economically practicable for the transmission entity, network services on fair and reasonable terms, for persons authorised to connect supply of electricity to the transmission grid or take electricity from the grid.

s 35 sub 1997 No. 77 s 12

36Additional condition to comply with protocols, standards and codes

It is also a condition of a transmission authority that the transmission entity must comply with all protocols, standards and codes applying to the entity under this Act.

s 36 amd 2004 No. 51 s 3 sch

36AResponsibility for regional system control

(1)A transmission entity is responsible for regional system control of its transmission grid.

(2)However, a transmission entity is subject to directions given to it under the National Electricity (Queensland) Law or the National Electricity Rules.

s 36A ins 1997 No. 77 s 13; 2005 No. 51 s 3 sch

ch 2 pt 5 hdg amd 1997 No. 26 s 10

ch 2 pt 5 div 1 hdg ins 2006 No. 60 s 3 sch

37Distribution entities

A distribution entity is a person who holds a distribution authority.

s 37 sub 1997 No. 26 s 11

38Distribution authorities

A distribution authority authorises its holder to supply electricity using a supply network within its distribution area.

s 38 sub 1997 No. 26 s 12

39Distribution area of distribution entity

A distribution entity’s distribution area is the area stated in its authority as its distribution area.

s 39 sub 1997 No. 26 s 13

ch 2 pt 5 div 4 ins 2006 No. 60 s 8

sub 2014 No. 48 s 20

41Connection and supply of electricity outside distribution area

(1)A distribution entity may, if a customer’s premises are outside the distribution entity’s distribution area—

(a)connect the premises to the entity’s supply network; and

(b)supply electricity from its supply network to the premises.

(2)Subsection (1) applies only if the premises—

(a)are not within another distribution entity’s distribution area; or

(b)if they are in another distribution entity’s area—

(i)but the other distribution entity claims that it is not technically and economically practicable for it to connect and supply electricity to the customer; or

(ii)the other distribution entity agrees to the connection and supply.

(3)However, the distribution entity may connect and supply electricity to the customer only if the connection and supply is not likely to impair its capacity to fulfil its obligation to connect and supply in its own distribution area.

s 41 sub 1997 No. 26 s 15

amd 2006 No. 60 s 11

ch 2 pt 5 div 5 hdg ins 2006 No. 60 s 3 sch

42Conditions of distribution authority

A distribution authority is subject to the following conditions—

(a)the distribution entity must comply with—

(i)if the entity is a Registered participant—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and

(ii)the conditions stated in sections 43, 44, 44A and 45; and

(iii)conditions imposed under the regulations; and

(iv)conditions stated in the authority;

(b)the entity must comply with the NERL (Qld), the National Energy Retail Rules and all directions given to it under the NERL (Qld) or the National Energy Retail Rules;

(c)the entity must operate, maintain (including repair and replace as necessary) and protect its supply network to ensure the adequate, economic, reliable and safe connection and supply of electricity to its customers;

(d)the entity must properly take into account the environmental effects of its activities;

(e)the entity must consider both demand side and supply side options to provide, as far as technically and economically practicable, for the efficient supply of electrical energy;

(f)the entity must pay the amounts required under the authority or regulations for administering the authority and its conditions;

(g)the entity must pay any amount that, under the Energy and Water Ombudsman Act 2006, it must pay the energy and water ombudsman.

s 42 amd 1997 No. 26 s 16; 1997 No. 50 s 9; 1997 No. 77 s 20; 2004 No. 53 s 2 sch; 2005 No. 51 s 3 sch; 2006 No. 60 s 12; 2010 No. 53 s 258 sch 2; 2014 No. 48 s 22

43Additional condition to allow connection to supply network by complying persons

(1)It is also a condition of a distribution authority that the distribution entity must allow, as far as technically and economically practicable for the distribution entity, a person to connect supply to its supply network, or take electricity from its supply network, on fair and reasonable terms, if the conditions stated in subsection (2) are satisfied.

(2)The conditions to be satisfied are as follows—

(a)the person must be a generation entity, a transmission entity or a distribution entity;

(b)the supply network must be capable of being safely used to connect supply or take electricity as proposed by the person;

(c)the person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the network;

(d)the person must pay the reasonable cost of connection to the network.

(3)In deciding whether the condition mentioned in subsection (2)(b) is satisfied, all relevant matters must be considered, including, for example—

(a)the distribution entity’s current obligations and its expected future obligations; and

(b)the current obligations of other persons connected directly or indirectly to the network; and

(c)the network’s capacity.

s 43 amd 1997 No. 26 s 17; 1997 No. 77 s 21

44Additional condition to provide network services

In addition, it is a condition of a distribution authority that the entity must provide, as far as technically and economically practicable, network services, on fair and reasonable terms, for persons authorised to connect supply of electricity to the network or take electricity from the network.

s 44 amd 1997 No. 26 s 18; 1997 No. 77 s 22; 2011 No. 29 s 4 (retro)

44AAdditional condition to allow credit for electricity produced by small photovoltaic generators

(1)It is also a condition of a distribution authority that the distribution entity—

(a)allow, as far as technically and economically practicable, a qualifying customer for premises to connect 1 qualifying generator at the premises to its supply network; and

(b)credit against the charges payable by a qualifying customer, for customer connection services provided to the qualifying customer in a relevant supply period, the amount for each kilowatt hour prescribed under a regulation (a prescribed credit amount) for electricity that is, at any instant in the relevant supply period—

(i)being produced by the qualifying generator when connected to the distribution entity’s supply network; and

(ii)being supplied to the network; and

(iii)in excess of the amount of electricity being used by the qualifying customer, not including electricity supplied through a circuit controlled by the distribution entity; and

Example of a circuit controlled by the distribution entity—

a remotely switched circuit used for off-peak supply of hot water

(c)give the regulator a report, for each prescribed credit amount, within 28 days after 30 June and 31 December each year, stating the following—

(i)the number of qualifying customers who have connected a qualifying generator to the network under paragraph (a) in the previous 6 months;

(ii)the number of qualifying customers who, at the end of the previous 6 months, had a qualifying generator connected to the network;

(iii)the number of qualifying customers who stopped being credited with a prescribed credit amount under paragraph (b) in the previous 6 months;

(iv)the number of qualifying customers who, at the end of the previous 6 months, had stopped being credited with a prescribed credit amount under paragraph (b);

(v)for each retailer—the total amount of credit given by the distribution entity to the retailer in relation to qualifying customers receiving credit under paragraph (b) in the previous 6 months;

(vi)the amount of electricity supplied to the network in the previous 6 months for which credit was given under paragraph (b);

(vii)the total generation capacity of all qualifying generators connected to the network.

(1A)However, the condition mentioned in subsection (1)(b) stops applying in relation to a qualifying customer if—

(a)the maximum output of the component of the customer’s qualifying generator that generates electricity exceeds, in aggregate, the approved total rated inverter capacity of the generator; or

(b)the customer installs an electricity storage device, as part of the electrical installation supplied by the customer’s qualifying generator, in a way that enables the device to supply electricity to—

(i)the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or

(ii)the distribution entity’s supply network; or

(c)the customer installs 1 or more generators (each an additional generator) as part of the electrical installation supplied by the customer’s qualifying generator in a way that enables the additional generator to supply electricity to—

(i)the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or

(ii)the distribution entity’s supply network.

(1B)If, because of the operation of subsection (1A), a qualifying customer stops being entitled to be credited with a prescribed credit amount under subsection (1)(b), that subsection no longer applies to the distribution entity in relation to that customer.

(2)A regulation may prescribe—

(a)the circumstances in which a category of qualifying customer is entitled, or stops being entitled, to be credited with a prescribed credit amount under subsection (1)(b) for the category of qualifying customer; and

(b)the day, not later than 1 July 2028, at the end of which subsection (1)(b) stops applying, in any event, for a particular category of qualifying customer.

(3)If a category of qualifying customer becomes entitled to be credited with a prescribed credit amount under subsection (2)(a), the distribution authority is subject to the condition mentioned in subsection (1)(b).

(4)If a category of qualifying customer stops being entitled to be credited with a prescribed credit amount under subsection (2)(a), the condition, under subsection (1)(b), of the distribution authority about crediting a prescribed credit amount also stops to the extent the prescribed credit amount is for the category.

(5)This section expires on 1 July 2028.

(6)In this section—

approved total rated inverter capacity, of a customer’s qualifying generator, means the total rated inverter capacity of the generator approved by the distribution entity for the purposes of complying with the condition mentioned in subsection (1)(b).

electricity storage device means a device capable of storing energy and releasing the energy as electricity.

supply interruption means an interruption in the supply, by a distribution entity through the entity’s supply network, of electricity to a qualifying customer’s electrical installation.

s 44A ins 2008 No. 33 s 52

amd 2011 No. 29 s 4 (retro)

sub 2012 No. 29 s 4

amd 2014 No. 48 s 23; 2018 No. 22 s 5 (retro)

exp 1 July 2028 (see s 44A(5))

45Additional condition to comply with protocols, standards and codes

It is also a condition of a distribution authority that the distribution entity must comply with all protocols, standards and codes applying to the entity under this Act.

s 45 amd 1997 No. 26 s 19; 2004 No. 51 s 3 sch

45AResponsibility for network control

(1)A distribution entity is responsible for network control of its supply network.

(2)However, a distribution entity is subject to directions given to it under the National Electricity (Queensland) Law or the National Electricity Rules.

s 45A ins 1997 No. 77 s 23; 2005 No. 51 s 3 sch

Note—

For matters relating to retailers, generally, see the NERL (Qld).

ch 2 pt 6 hdg sub 1997 No. 26 s 20; 2014 No. 48 s 24

ch 2 pt 6 div 1 hdg ins 2014 No. 31 s 5

om 2014 No. 48 s 25

ch 2 pt 6 div 2 hdg ins 2006 No. 60 s 13

om 2014 No. 48 s 26

ch 2 pt 6 div 3 hdg ins 2014 No. 60 s 13

om 2014 No. 48 s 26

ch 2 pt 6 div 3 hdg ins 2006 No. 60 s 13

om 2014 No. 48 s 26

ch 2 pt 6 div 3 sdiv2 hdg ins 2006 No. 60 s 13

om 2014 No. 48 s 26

ch 2 pt 6 div 3 hdg ins 2006 No. 60 s 13

om 2014 No. 48 s 26

ch 2 pt 6 div 4 hdg ins 2006 No. 60 s 13

om 2014 No. 48 s 26

55DARetailer must enter into community services agreement

(1)A retailer must not provide a customer retail service unless the retailer—

(a)enters into an agreement with the State to provide, for at least 5 years, the community services—

(i)agreed between the State and the retailer; or

(ii)failing agreement, as decided by the Minister; and

Examples of community services—

pensioner rebate and drought relief schemes for customer retail services

(b)complies with the agreement.

(2)In making a decision under subsection (1)(a)(ii), the Minister must have regard to the retailer’s reasonable administration costs and other risks in providing the community services.

s 55DA ins 2006 No. 60 s 15

amd 2011 No. 20 s 38

sub 2014 No. 48 s 28

55DBElectricity produced by qualifying generator

(1)A retailer must—

(a)reduce the amount payable by a qualifying customer (the amount due), for electricity supplied to the qualifying customer in a relevant supply period, by the amount of any credit (owed credit) given by a distribution entity in relation to the qualifying customer for the relevant supply period under section 44A(1)(b); and

(b)if the owed credit is more than the amount due for the relevant supply period (the first period)—

(i)reduce the amount due for a subsequent relevant supply period by the unused amount of the owed credit; and

(ii)if, after the end of 12 months after the end of the first period, an amount of the owed credit has not been used under subparagraph (i)—pay the qualifying customer an amount representing the amount of owed credit that has not been used; and

(c)give the qualifying customer the following information for each relevant supply period—

(i)the amount of electricity supplied by the qualifying customer to the distribution entity’s network for which credit was given under section 44A(1)(b);

(ii)the amount to be credited to the qualifying customer under section 44A(1)(b); and

(d)give the regulator a report, for each prescribed credit amount, within 28 days after 30 June and 31 December each year, stating—

(i)the number of qualifying customers receiving credit under section 44A(1)(b) in the previous 6 month period; and

(ii)the amount credited to qualifying customers under section 44A(1)(b) in the previous 6 month period.

(2)This section expires on 1 July 2028.

s 55DB ins 2008 No. 33 s 53

amd 2012 No. 29 s 5; 2014 No. 31 s 7; 2014 No. 48 s 29

exp 1 July 2028 (see s 55DB(2))

55DBA Electricity produced by small photovoltaic generator

(1)This section applies if—

(a)a prescribed retailer provides customer retail services to a relevant qualifying customer’s premises; and

(b)the relevant qualifying customer is not entitled to receive an amount for electricity mentioned in section 44A(1)(b) in relation to the premises.

Note—

A relevant qualifying customer may be entitled to receive an amount for electricity mentioned in section 44A(1)(b) in relation to the premises under section 44A as it continues to apply under section 328.

(2)The prescribed retailer must—

(a)reduce the charges payable by the customer, for electricity supplied to the customer in the relevant supply period, by the feed-in tariff amount; and

(b)if the feed-in tariff amount is more than the charges payable for the relevant supply period (the first period)—

(i)reduce the charges payable for a subsequent relevant supply period by the unused amount of the feed-in tariff amount; and

(ii)if, after the end of 12 months after the end of the first period, an amount of the feed-in tariff amount has not been used under subparagraph (i)—pay the customer the unused amount of the feed-in tariff amount; and

(c)give the customer the following information for each relevant supply period—

(i)the amount of electricity supplied by the customer to the supply network;

(ii)the feed-in tariff amount.

(3)In this section—

feed-in tariff amount means the amount worked out by multiplying the feed-in tariff decided under chapter 4, part 2A by the number of kilowatt hours of electricity that is, at any instant in the relevant supply period—

(a)produced by 1 small photovoltaic generator connected at the relevant qualifying customer’s premises to a supply network; and

(b)supplied to the network.

s 55DBA ins 2014 No. 31 s 8

amd 2014 No. 48 s 29A

ch 2 pt 6A hdg ins 2006 No. 60 s 16

55HNegotiation of coordination agreement

(1)A distribution entity and a retailer may enter into a written agreement about protocols under which they agree to help each other perform their functions under—

(a)this Act or another Act or law relating to electricity that applies in the State; or

(b)a procedure or protocol made under an Act or law mentioned in paragraph (a).

(2)The agreement may be different from the coordination agreement provided for under a distribution network code.

s 55H ins 2006 No. 60 s 16

amd 2014 No. 48 ss 33, 183 sch 1

55IStandard coordination agreement

(1)This section applies if—

(a)a distribution entity and a retailer have common customers; and

(b)an agreement under section 55H is not in force between the entities.

(2)The entity and retailer are taken to have entered into an agreement on the terms of the standard coordination agreement provided for under a distribution network code.

(3)The entity and retailer are taken to have agreed to comply with the terms and to have entered into the agreement as a deed.

s 55I ins 2006 No. 60 s 16

amd 2014 No. 48 ss 34, 183 sch 1

56Purpose of special approvals

The purpose of special approvals is to enable, in special circumstances, electricity entities and other persons to perform activities, normally authorised by a generation, transmission or distribution authority, without the authority.

s 56 amd 1997 No. 26 s 21; 2014 No. 48 s 35

57Special approval holders

A special approval holder is a person who has a special approval.

58Special approvals

A special approval authorises its holder to do anything stated in the approval that a generation entity, transmission entity or distribution entity may do under this Act.

s 58 amd 1997 No. 26 s 22; 2014 No. 48 s 36

59Authorisation given by special approval

(1)A special approval authorises its holder to do the things stated in the approval, even though the things would otherwise require the holder to be the holder of a generation, transmission or distribution authority to do the things.

(2)Despite subsection (1), a special approval does not make the holder an electricity entity, unless a regulation provides that the holder is to be treated as an electricity entity.

(3)However, for things authorised by the special approval, the special approval holder is taken to be a person who has the relevant authority and the special approval is taken to be the relevant authority.

Examples—

1If a special approval authorises the holder to connect generating plant to a transmission grid or supply network, the holder is taken, for that activity, to be the holder of a generation authority.

2If a special approval authorises the holder to operate a transmission grid, the holder is taken, for that activity, to be the holder of a transmission authority.

(4)The approval does not relieve the holder or anyone else from complying with laws relevant to the doing of the things authorised by the approval.

s 59 amd 1997 No. 26 s 23; 2014 No. 48 s 37

60Conditions of special approval

(1)A special approval is subject to the following conditions—

(a)the holder must comply with—

(i)if the holder is a Registered participant—the National Electricity Rules; and

(ii)if connected to the Queensland system or a Registered participant—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and

(iii)the condition stated in section 61 or 61B; and

(iv)conditions imposed under the regulations; and

(v)if the approval is given by the regulator—conditions stated in the approval;

(b)the holder must pay amounts required under the approval or the regulations for administering the approval and its conditions;

(c)the holder must pay any amount that, under the Energy and Water Ombudsman Act 2006, the holder must pay the energy and water ombudsman.

(2)In this section—

special approval means a special approval given under a regulation or by the regulator.

s 60 amd 1997 No. 50 s 11; 1997 No. 77 s 31; 2004 No. 51 s 3 sch; 2005 No. 51 s 3 sch; 2006 No. 60 s 17; 2010 No. 53 s 258 sch 2; 2014 No. 48 s 38

61Additional condition to comply with protocols, standards and codes

It is also a condition of a special approval that the holder must comply with all protocols, standards and codes applying to the holder under this Act.

s 61 amd 2004 No. 51 s 3 sch

61BAdditional condition for electricity produced by photovoltaic generators

(1)Subsection (2) applies to a special approval holder prescribed under a regulation.

(2)It is a condition of the special approval that the holder must comply with section 44A.

s 61B ins 2008 No. 33 s 55

amd 2014 No. 31 s 10; 2014 No. 48 s 39

ch 2 pt 8 div 1 hdg ins 2001 No. 82 s 4

om 2006No. 60 s 3 sch

ch 2 pt 8 div 2 hdg ins 2001 No. 82 s 5

om 2006No. 60 s 19

ch 2 pt 8 div 3 hdg ins 2004 No. 51 s 15

om 2006No. 60 s 19

ch 2 pt 8A hdg ins 2001 No. 82 s 6

om 2006 No. 60 s 19

ch 2 pt 8A div 1 hdg ins 2001 No. 82 s 6

om 2006 No. 60 s 19

ch 2 pt 8A div 2 hdg ins 2001 No. 82 s 6

om 2006 No. 60 s 19

ch 2 pt 8B hdg ins 2000 No. 39 s 6

om 2006 No. 60 s 19

ch 2 pt 8B div 1 hdg ins 2000 No. 39 s 6

om 2006 No. 60 s 19

ch 2 pt 8B div 2 hdg ins 2000 No. 39 s 6

om 2006 No. 60 s 19

62Regulator

The chief executive of the department is the regulator.

63Functions

(1)The regulator’s functions are—

(a)to ensure only suitable persons are electricity entities; and

(b)to assist in the settlement of disputes arising under chapter 4, part 6, between electricity entities and between electricity entities and public entities; and

(c)to monitor compliance with the conditions of approvals, authorities and licences under this Act; and

(d)to perform other functions given to the regulator under this Act or another Act.

(2)In performing the regulator’s functions, the regulator must consider the objects of the Act.

s 63 amd 1997 No. 77 s 32 (2); 2000 No. 39 s 4; 2001 No. 82 s 3 sch; 2002 No. 42 s 242 sch 1; 2004 No. 51 s 14; 2006 No. 60 s 18

64Delegation

(1)The regulator may delegate a power of the regulator to a public service employee or an employee of an electricity entity if satisfied the person has the expertise and experience necessary to exercise properly the power.

(2)A regulation may provide that a particular power of the regulator—

(a)may not be delegated; or

(b)may be delegated only to a particular person.

s 64 amd 2002 No. 42 s 242 sch 1

64AReview of feed-in tariff provisions

Within 5 years after the commencement of this section, the regulator must review the operation of section 55DBA and chapter 4, part 2A.

s 64A prev s 64A ins 2001 No. 82 s 5

amd 2002 No. 42 s 242 sch 1; 2004 No. 50 s 4

om 2006 No. 60 s 19

pres s 64A ins 2014 No. 31 s 11

64BDefinition for pt 9

In this part—

electricity entity includes a retailer.

s 64B prev s 64B ins 2001 No. 82 s 5

om 2006 No. 60 s 19

pres s 64B ins 2014 No. 48 s 40

65Appointment

(1)The chief executive officer of an electricity entity may appoint a person as an electricity officer for the entity.

(2)The chief executive officer may appoint a person as an electricity officer only if—

(a)the chief executive officer considers the person has the expertise or experience approved by the regulator to be an electricity officer; or

(b)the person has satisfactorily finished training approved by the regulator.

66Limitation of electricity officer’s powers

An electricity officer may exercise powers only—

(a)in relation to the electricity entity’s works; or

(b)if the electricity entity supplies electricity—within its distribution area or a place where it supplies electricity; or

(c)if the electricity entity sells electricity—within a place where it sells electricity.

s 66 amd 1997 No. 26 s 24; 2014 No. 48 s 41

67Other limitation of electricity officer’s powers

An electricity officer’s powers may be limited—

(a)under the regulations; or

(b)under a condition of appointment; or

(c)by written notice given by the electricity entity’s chief executive officer to the electricity officer.

68Electricity officer’s appointment conditions

(1)An electricity officer holds office on the conditions stated in the instrument of appointment.

(2)An electricity officer—

(a)if the appointment provides for a term of appointment—ceases holding office at the end of the term; and

(b)may resign by signed notice of resignation given to the chief executive officer concerned; and

(c)if the conditions of appointment provide—ceases holding office as an electricity officer on ceasing to hold another office stated in the appointment conditions.

69Electricity officer’s identity card

(1)The chief executive officer of an electricity entity must give each electricity officer for the entity an identity card.

(2)The identity card must—

(a)contain a recent photograph of the electricity officer; and

(b)be in a form approved by the regulator; and

(c)display the electricity officer’s usual signature; and

(d)identify the person as an electricity officer for the electricity entity.

(3)A person who ceases to be an electricity officer for an electricity entity must return the person’s identity card to the entity’s chief executive officer within 21 days after the person ceases to be an electricity officer, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(4)This section does not prevent the giving of a single identity card to a person under this section and for other provisions, Acts or purposes.

s 69 amd 2000 No. 39 s 7

70Production or display of electricity officer’s identity card

(1)An electricity officer may exercise a power in relation to someone else only if the electricity officer—

(a)first produces his or her identity card for the person’s inspection; or

(b)has the identity card displayed so it is clearly visible to the person.

(2)However, if for any reason it is not practicable to comply with subsection (1), the electricity officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

87Connection of generating plant to transmission grid or supply network only if authorised

(1)A person must not connect generating plant to a transmission grid or supply network unless the person is the holder of a generation authority.

Maximum penalty—5,000 penalty units.

Note—

If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A, to have also committed the offence.

(2)A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.

s 87 amd 1997 No. 50 s 12; 2005 No. 51 s 3 sch; 2013 No. 51 s 229 sch 1

88Prohibition on operating transmission grid unless authorised

(1)A person must not operate a transmission grid unless the person is the holder of a transmission authority.

Maximum penalty—5,000 penalty units.

Note—

If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A, to have also committed the offence.

(2)A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.

s 88 amd 1997 No. 50 s 13; 2005 No. 51 s 3 sch; 2013 No. 51 s 229 sch 1

88AProhibition on operating supply network unless authorised

(1)A person must not supply electricity using a supply network unless the person is the holder of a distribution authority.

Maximum penalty—5,000 penalty units.

Note—

If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A, to have also committed the offence.

(2)A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.

s 88A ins 1997 No. 26 s 27

amd 1997 No. 50 s 14; 2005 No. 51 s 3 sch; 2013 No. 51 s 229 sch 1

ch 4 pt 2 hdg sub 1997 No. 50 s 16; 1997 No. 77 s 34

amd 2004 No. 51 s 16

sub 2014 No. 48 s 43

ch 4 pt 2 div 3 hdg ins 2006 No. 60 s 25

om 2011 No. 29 s 10

ch 4 pt 2 div 3 hdg ins 2006 No. 60 s 25

om 2011 No. 29 s 10

ch 4 pt 2 div 3 hdg ins 2006 No. 60 s 25

om 2011 No. 29 s 10

ch 4 pt 2 div 3 hdg ins 2006 No. 60 s 25

om 2011 No. 29 s 10

ch 4 pt 2 div 1 hdg orig div 1 hdg ins 1997 No. 50 s 17

om 1997 No. 77 s 34

prev div 1 hdg ins 2006 No. 60 s 20

om 2009 No. 16 s 15

pres div 1 hdg ins 2014 No. 48 s 43

89ADefinitions for pt 2

In this part—

designated retail market area means—

(a)an area prescribed by regulation; or

(b)if no area is prescribed—the distribution area described in the schedule to the distribution authority numbered D07/98.

Editor’s note—

At the commencement of this definition, the distribution authority was held by Energex.

s 89A def designated retail market area ins 2014 No. 48 s 44

price determination see section 90(1).

pricing entity means—

(a)the Minister; or

(b)QCA, if the Minister delegates a function of the Minister under section 90(1) to QCA.

s 89A prev s 89A ins 2001 No. 47 s 3

amd 2004 No. 51 s 3 sch; 2006 No. 60 s 3 sch

om 2009 No. 16 s 15

pres s 89A ins 2011 No. 29 s 6

ch 4 pt 2 div 2 hdg orig div 2 hdg ins 1997 No. 50 s 17

om 1997 No. 77 s 34

prev div 2 hdg ins 2006 No. 60 s 21

om 2011 No. 29 s 5

pres div 2 hdg ins 2014 No. 48 s 45

89BMarket monitoring direction and report

(1)The Minister may give QCA a written direction requiring QCA to monitor, and give a written report on, the operation of the retail electricity market in designated retail market areas.

(2)The direction must state—

(a)the period (the reporting period) for which the report is to apply; and

(b)when the report is required to be given to the Minister; and

(c)that the report must be published on QCA’s website and when it is required to be published.

(3)Without limiting subsection (1), the direction may require QCA to monitor, and report on, the prices that retailers for designated retail market areas are charging for—

(a)the sale of electricity to their customers at premises in the areas; or

(b)charges or fees relating to the sale of electricity mentioned in paragraph (a).

(4)Also, without limiting subsection (1), the direction may require the report to include—

(a)a comparison and assessment of—

(i)retailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and

(ii)variations to retailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and

(b)information about any trends in relation to variations to retailers’ standing offer prices and market offer prices available to customers at premises in designated retail market areas in the reporting or another stated period; and

(c)other relevant information the Minister requires.

(5)QCA must comply with the direction.

(6)In this section—

market offer prices has the meaning given by the NERL (Qld), section 2.

standing offer prices has the meaning given by the NERL (Qld), section 2.

s 89B prev s 89B ins 2001 No. 47 s 3

amd 2005 No. 51 s 3 sch; 2006 No. 60 s 3 sch

om 2009 No. 16 s 15

pres s 89B ins 2014 No. 48 s 45

89CObtaining information to comply with direction

(1)This section applies if QCA is given a direction under section 89B(1).

(2)QCA may, by written notice given to a retailer for a designated retail market area, require the retailer to give QCA the relevant information QCA requires to comply with the direction.

(3)The retailer must, within the reasonable period stated in the notice, comply with the notice unless, in the circumstances, the retailer could not reasonably have been expected to have, or to be able to obtain, the relevant information.

Maximum penalty for subsection (3)—100 penalty units.

s 89C ins 2014 No. 48 s 45

89DCompetition review

(1)The Minister may give a written direction to an appropriate entity to—

(a)conduct a review into the effectiveness of competition in a relevant market for the sale of electricity; and

(b)give a written advice about whether to keep, remove or reintroduce price controls on prices relating to the sale of electricity in the relevant market.

(2)The direction must state—

(a)the terms of reference of the review; and

(b)when the advice is required to be given to the Minister; and

(c)that the advice must be published on the appropriate entity’s website or in another stated way; and

(d)when the advice is required to be published.

(3)The appropriate entity must comply with the direction.

(4)Subject to the direction, the appropriate entity may conduct the review in the way it considers appropriate.

(5)In this section—

appropriate entity means—

(a)QCA; or

(b)another entity the Minister considers is an appropriate entity to conduct a review and give an advice under subsection (1).

relevant market means a market for the sale of electricity to all customers, or a class of customers, in a designated retail market area.

s 89D ins 2014 No. 48 s 45

ch 4 pt 2 div 3 hdg orig div 3 hdg ins 1997 No. 50 s 17

om 1997 No. 77 s 34

prev div 3 hdg ins 2006 No. 60 s 25

om 2011 No. 29 s 10

pres div 3 hdg ins 2014 No. 48 s 45

89ENon-application to sales in designated retail market area

(1) This division does not apply to deciding the prices, or the methodology for fixing the prices, that a retailer for a designated retail market area may charge for—

(a)the sale of electricity to its standard contract customers at premises in the area; or

(b)charges or fees relating to the sale of electricity mentioned in paragraph (a).

(2)This section applies subject to section 91B.

s 89E ins 2014 No. 48 s 45

90Deciding prices for standard contract customers

(1)The Minister must, for each tariff year, decide (a price determination) the prices, or the methodology for fixing the prices, that a retailer may charge its standard contract customers for all or any of the following—

(a)customer retail services;

(b)charges or fees relating to customer retail services;

Examples—

•charges or fees for late or dishonoured payments

•credit card surcharges for payments for the services

(c)other goods and services prescribed under a regulation.

(2)The price determination must be in the form of a tariff schedule.

(3)To remove any doubt, the following is declared for a price determination—

(a)it may be made from time to time and not just once a year;

(b)a tariff from the tariff schedule for the current or previous tariff year may be added to, removed or changed;

(c)a tariff may be added to the tariff schedule at any time during a tariff year;

(d)it may include network charges;

(e)it can not be made for distribution non-network charges.

(4)The prices, or prices fixed under the methodology, are, for a retailer, called the notified prices.

(5)In making a price determination, the pricing entity—

(a)must have regard to all of the following—

(i)the actual costs of making, producing or supplying the goods or services;

(ii)the effect of the price determination on competition in the Queensland retail electricity market;

(iii)if QCA is the pricing entity—any matter the pricing entity is required by delegation to consider; and

(b)may have regard to any other matter the pricing entity considers relevant.

(6)The pricing entity may decide that the notified prices exclude one of the following—

(a)GST;

(b)the amount fixed by the pricing entity, or the amount worked out in a way fixed by the pricing entity, as the net effect on prices of GST and matters related to the imposition of GST (the net GST effect).

(7)In this section—

distribution non-network charges means charges of a distribution entity, approved by the jurisdictional regulator under the National Electricity (Queensland) Law, that—

(a)are referable to a specific customer or retailer request; and

(b)do not include network charges.

Examples of distribution non-network charges—

•a de-energisation or disconnection fee

•a reconnection fee

•a meter test fee

network charges means charges of a distribution entity for—

(a)distribution use of system charges for the use of a shared supply network of the distribution entity; and

(b)any transmission use of system charges payable by the distribution entity for the use of a transmission grid to which the supply network is connected.

s 90 sub 1997 No. 50 s 17; 1997 No. 77 s 34

amd 2000 No. 20 s 29 sch 3; 2003 No. 28 s 6; 2004 No. 51 s 17; 2006 No. 60 s 22 (amd 2007 No. 17 s 41); 2011 No. 29 s 7; 2012 No. 8 s 35; 2013 No. 28 s 22; 2014 No. 48 s 46

90AADelegation to QCA and terms of reference

(1)The Minister may delegate to QCA all or any of the Minister’s functions under section 90(1).

(2)The delegation may state the terms of reference of the price determination.

(3)The terms of reference may specify the following—

(a)the period for which the price determination is to apply;

(b)the time frame within which QCA is to make and publish reports on the price determination;

(c)the particular policies or principles QCA is to consider when making the price determination;

(d)the matters QCA must consider when working out the notified prices and making the price determination;

Example—

the particular methodology to be used to determine the prices

(e)the consultation requirements QCA must comply with before making the price determination.

(4)The terms of reference may—

(a)apply generally to all tariffs or be limited in its application by reference to specified exceptions or factors; or

(b)apply differently according to different factors of a specified kind.

s 90AA ins 2011 No. 29 s 8

90ABPublication of notified prices

(1)This section applies if QCA is the pricing entity.

(2)The pricing entity must, at least 1 month before the start of each tariff year—

(a)announce its final price determination; and

(b)publish the notified prices by gazette notice.

(3)However, a failure to comply with subsection (2) does not invalidate or otherwise affect the price determination.

(4)If the pricing entity has decided that GST or the net GST effect is excluded from the notified prices, the gazette notice must include a statement (a GST statement) as follows—

(a)that the notified prices exclude GST or the net GST effect;

(b)if the decision was that the net GST effect is excluded—the fixed amount of the effect or the way for working it out under section 90(6)(b).

(5)The notified prices and any GST statement take effect—

(a)on a later day stated in the notice; or

(b)if no day is stated in the notice—on the day the notice is gazetted.

s 90AB ins 2011 No. 29 s 8

amd 2012 No. 8 s 36

90AObtaining information for price determination

(1)A pricing entity may, in writing, ask a retailer for relevant information the pricing entity requires to make a price determination for the retailer.

(2)The retailer must, within the reasonable period stated in the request, give the relevant information to the pricing entity.

Maximum penalty for subsection (2)—100 penalty units.

s 90A ins 2003 No. 28 s 7

amd 2011 No. 29 s 9; 2014 No. 48 s 47

91Retailers charging for GST

(1)This section applies if—

(a)there are notified prices for a retailer; and

(b)the notification for the prices includes a GST statement; and

(c)the retailer charges standard contract customers the notified prices for providing customer retail services.

(2)If the GST statement provides that the notified prices exclude GST, the retailer may also charge standard contract customers an amount for GST for providing the services.

(3)If the GST statement provides that the notified prices exclude the net GST effect, the retailer may also charge standard contract customers the net GST effect for providing the services.

(4)The Minister may give the retailer a written direction to charge standard contract customers—

(a)if the GST statement provides that the notified prices exclude GST—an amount for GST for providing the services; or

(b)if the GST statement provides that the notified prices exclude the net GST effect—the net GST effect for providing the services.

(5)To remove any doubt, it is declared that this section does not prevent the retailer from charging, under any of the following contracts under the NERL (Qld), an amount for GST for goods or for any services that are not customer retail services—

(a)a standard retail contract;

(b)a standard retail contract (card-operated meters);

(c)a large customer standard retail contract.

s 91 sub 1997 No. 50 s 17; 1997 No. 77 s 34; 2000 No. 20 s 29 sch 3

amd 2006 No. 60 s 23; 2014 No. 48 s 48

91ARetailer must comply with notification or direction

(1)This section applies if there are notified prices for providing customer retail services.

(2)A retailer must charge standard contract customers the notified prices for providing the services.

Maximum penalty—500 penalty units.

(3)If a retailer has been given a direction under section 91(4)(a) to charge an amount for GST for providing the services, it must also charge that amount.

Maximum penalty—500 penalty units.

(4)If a retailer has been given a direction under section 91(4)(b) to charge the net GST effect for providing the services, it must also charge the net GST effect.

Maximum penalty—500 penalty units.

(5)To remove any doubt, it is declared that a retailer does not contravene subsection (2) only because the retailer reduces the charges payable by a standard contract customer by the amount the retailer pays the standard contract customer for electricity produced at the standard contract customer’s premises and supplied to a supply network.

(6)This section does not limit section 91(2) and (3).

s 91A ins 2000 No. 20 s 29 sch 3

amd 2006 No. 60 s 24; 2014 No. 31 s 12; 2014 No. 48 s 49

91AAProvision for compliance with decisions about notified prices

(1)This section applies if—

(a)the pricing entity decides or purports to decide notified prices (the decided prices); and

(b)the decided prices are, for whatever reason, quashed, set aside or declared or ordered to be of no effect in a proceeding.

(2)Despite any matter mentioned in subsection (1)(b), for section 90A and any other provision of this Act, the decided prices—

(a)are taken to have, since the making of the decision or purported decision, always been notified prices; and

(b)continue in force as if they were notified prices until the pricing entity decides new notified prices.

s 91AA ins 2008 No. 75 s 44

ch 4 pt 2 div 4 hdg ins 2014 No. 48 s 50

91BReserve power of Minister to reintroduce price determination

(1) This section applies if—

(a)under section 89E, division 3 does not apply to deciding the prices, or the methodology for fixing the prices, that a retailer may charge in relation to the sale of electricity to particular customers; and

(b)either—

(i)the AEMC (the reviewer) conducts an MCE directed review into the effectiveness of competition in the market (the relevant market) to which the sale is relevant; or

(ii)an appropriate entity (also the reviewer) conducts a review under section 89D(1) into the effectiveness of competition in the relevant market; and

(c)as a result of the review, the reviewer—

(i)considers that competition in the relevant market is not effective; and

(ii)gives advice recommending the reintroduction of price controls on the sale of electricity in the relevant market.

(2)The Minister may decide to make a price determination for the prices that the retailer may charge in relation to the sale of electricity to the customers.

(3)If the Minister decides to make a price determination under subsection (2), division 3, other than section 89E, applies for making the price determination.

(4)In this section—

AEMC see the NERL (Qld), section 2.

MCE directed review see the NERL (Qld), section 2.

s 91B prev s 91B ins 2006 No. 60 s 25 (amd 2007 No. 17 s 42)

om 2011 No. 29 s 10

pres s 91B ins 2014 No. 48 s 50

ch 4 pt 2A hdg ins 2014 No. 31 s 13

92Definitions for pt 2A

In this part—

feed-in tariff means the rate to be used for working out the amount that must be credited by a prescribed retailer to a relevant qualifying customer for a relevant supply period for each kilowatt hour of electricity that is, at any instant in the relevant supply period—

(a)produced by 1 small photovoltaic generator connected at the customer’s premises to a supply network; and

(b)supplied to the network.

s 92 def feed-in tariff amd 2014 No. 48 s 50A (3)–(4)

local area retailer has the meaning given by the NERL (Qld).

s 92 def local area retailer ins 2014 No. 48 s 50A (2)

prescribed retail entity ...

s 92 def prescribed retail entity om 2014 No. 48 s 50A (1)

prescribed retailer means a local area retailer other than a local area retailer for a designated retail market area.

s 92 def prescribed retailer ins 2014 No. 48 s 50A (2)

relevant qualifying customer, of a prescribed retailer, means a qualifying customer if—

(a)the retailer provides customer retail services to the customer’s premises; and

(b)1 small photovoltaic generator is connected at the customer’s premises to a supply network.

s 92 def relevant qualifying customer ins 2014 No. 48 s 50A (2)

relevant small customer ...

s 92 def relevant small customer om 2014 No. 48 s 50A (1)

s 92 orig s 92 amd 1997 No. 26 s 29

sub 1997 No. 50 s 17; 1997 No. 77 s 34

amd 2000 No. 20 s 29 sch 3

om 2004 No. 51 s 18

prev s 92 ins 2006 No. 60 s 25

amd 2008 No. 33 s 58

om 2011 No. 29 s 10

pres s 92 ins 2014 No. 31 s 13

93Minister to direct QCA to decide feed-in tariff

(1)The Minister—

(a)must direct QCA to decide the feed-in tariff for each tariff year; and

(b)may, at any time, direct QCA to decide the feed-in tariff for another period.

(2)The Minister’s direction may state the following—

(a)the period for which the feed-in tariff is to apply;

(b)the time frame within which QCA is to decide the feed-in tariff;

(c)the matters QCA must consider when deciding the feed-in tariff;

(d)the consultation requirements QCA must comply with before deciding the feed-in tariff.

(3)In deciding the feed-in tariff, QCA must consider—

(a)the effect of the feed-in tariff on competition in the Queensland retail electricity market; and

(b)any other matter stated in the Minister’s direction.

s 93 orig s 93 amd 1997 No. 50 s 18

om 1997 No. 77 s 34

prev s 93 ins 2006 No. 60 s 25

om 2011 No. 29 s 10

pres s 93 ins 2014 No. 31 s 13

94QCA to publish feed-in tariff

(1)At least 1 month before the start of a tariff year, QCA must announce the feed-in tariff for the tariff year and publish it by gazette notice.

(2)However, if QCA is directed under section 93(1)(b) to decide a feed-in tariff, at least 1 month before the feed-in tariff is to apply, QCA must announce the feed-in tariff and publish it by gazette notice.

(3)A gazette notice under this section must state the period for which the feed-in tariff is to apply.

(4)A feed-in tariff applies from the start of the tariff year to which it relates unless otherwise stated in the gazette notice.

(5)Failure to comply with this section does not invalidate or otherwise affect the feed-in tariff.

s 94 orig s 94 om 1997 No. 77 s 34

prev s 94 ins 2006 No. 60 s 25

om 2011 No. 29 s 10

pres s 94 ins 2014 No. 31 s 13

95When feed-in tariff continues to apply

(1)This section applies if a feed-in tariff (an existing feed-in tariff) would, but for subsection (2), stop applying and a new feed-in tariff does not apply.

(2)The existing feed-in tariff continues to apply until a new feed-in tariff applies.

s 95 orig s 95 om 1997 No. 77 s 34

prev s 95 ins 2006 No. 60 s 25

amd 2008 No. 33 s 59

om 2011 No. 29 s 10

pres s 95 ins 2014 No. 31 s 13

97Limitation of liability of electricity entities and special approval holders that are not Registered participants

(1)An electricity entity or special approval holder that is not a Registered participant is not liable for damages to a person for a partial or total failure to supply electricity or perform an obligation under a contract in relation to the supply of electricity, unless the failure is due to—

(a)anything done or omitted to be done by the electricity entity or special approval holder in bad faith; or

(b)the negligence of the electricity entity or special approval holder.

(2)This section does not apply to the extent to which liability is otherwise agreed by the parties to a contract.

(3)This section commences on the commencement of the Electricity—National Scheme (Queensland) Act 1997.

(4)In subsection (1)—

contract includes an arrangement that has the effect of a contract.

s 97 sub 1997 No. 26 s 30; 1997 No. 77 s 35

amd 2005 No. 51 s 3 sch; 2014 No. 48 s 51

97ALimitation of liability for National Electricity (Queensland) Law

(1)The words ‘supply electricity’ in section 120 of the National Electricity (Queensland) Law are taken to include the sale of electricity and the performance of an obligation in a contract for the supply and sale of electricity.

(2)In subsection (1)—

contract includes an arrangement that has the effect of a contract.

s 97A ins 1997 No. 26 s 30

sub 1997 No. 77 s 35

amd 2005 No. 51 s 3 sch

98Electricity entity entitled to access to its works

(1)This section applies to an electricity entity’s works on someone else’s land, including land that is a publicly controlled place, railway land or a protected area.

(2)The electricity entity (and its employees and agents) are entitled to have unrestricted access to the works at any reasonable time and, for that purpose, may enter and pass through the land.

99Person to give notice of work affecting electricity entity’s works

(1)A person proposing to do work near an electricity entity’s works must give the entity at least 14 days written notice of the proposed work if, in performing the work—

(a)plant, if not properly controlled, is likely to come into contact with an overhead electric line; or

(b)soil or other material supporting or covering the entity’s works may be disturbed.

(2)If, because of an emergency, it is not practicable to give the notice under subsection (1), written notice must be given to the electricity entity as soon as practicable.

(3)The person must, at the person’s cost, take measures to protect or reinstate the electricity entity’s works if required by the entity.

100Application of division

This division is subject to divisions 3 and 4.

s 100 amd 2004 No. 53 s 2 sch

101Electricity entity may take action in publicly controlled places to provide electricity etc.

(1)An electricity entity may take the action in a publicly controlled place it considers necessary to provide or supply electricity, including, for example—

(a)opening and breaking up the soil and pavement of the place; and

(b)cutting, lopping, or removing trees and other vegetation growing in or over the place; and

(c)opening or breaking up a sewer, drain or tunnel in or under the place; and

(d)temporarily stopping or diverting traffic on or from the place; and

(e)building drains, excavations, subways and tunnels in or under the place.

Note—

The application of this section could, in a particular case, be affected by the Native Title Act 1993 (Cwlth).

(2)A regulation may make provision about the obligations and rights of electricity entities taking action in publicly controlled places, including, for example—

(a)notice to be given before taking action; and

(b)timing of work; and

(c)procedures to be followed on the breaking up of anything in, on or under the place.

(3)This section is subject to sections 102 and 104.

s 101 amd 2004 No. 53 s 2 sch

102Works on roads

(1)An electricity entity may do any of the following things on a road—

(a)build or remove, or alter (other than for maintenance or repair), its electric lines or other works;

(b)maintain, repair or alter for maintenance or repair, its electric lines or other works;

(c)stop obstruction or potential obstruction to, or interference or potential interference with, its electric lines or other works.

(2)However, the electricity entity may do things mentioned in subsection (1)(a) only if it has the written agreement of the road authority.

(2A)Subsection (2B) applies if the electricity entity proposes to do a thing mentioned in subsection (1)(a) on a road on which light rail is located.

(2B)Before giving the written agreement mentioned in subsection (2), the road authority must consult with the light rail operator for the light rail.

(3)The road authority or light rail operator for a light rail must not unreasonably withhold agreement.

(4)If asked in writing by the electricity entity, the road authority must give the entity information about lines and levels for any planned roadworks necessary to enable the entity to minimise possible adverse effects of the entity’s works on roadworks.

s 102 amd 2011 No. 12 s 16

103Electricity entity to consult with road authority before replacing works

(1)Before an electricity entity replaces the whole or a substantial proportion of its electric lines or other works on a road, the entity must consult with the road authority responsible for the road.

(2)The object of the consultation is to identify any mutually beneficial arrangements for the replacement of the works having regard to existing development plans for the road.

104Regulation may declare restricted road

(1)A regulation may—

(a)declare a road, or part of a road, to be a restricted road; and

(b)for a restricted road—impose restrictions about building new works or altering or removing existing works on the road.

(2)An electricity entity must comply with the regulation.

105Electricity entity to comply with road authority’s agreement etc.

(1)If an electricity entity builds or removes, or alters (other than for maintenance or repair), its electric lines or other works in a road (the contravening conduct), without the agreement of the road authority for the road or in contravention of a regulation or an agreement with the road authority, the regulator may, by written notice given to the entity, require the entity, at its cost and within the period stated in the notice, to take action to remedy the contravening conduct.

(2)If the electricity entity does not comply with the notice, the regulator may arrange for the action the regulator considers necessary to remedy the contravening conduct to be carried out.

(3)The costs reasonably incurred by the regulator in arranging for the action to be carried out are a debt payable by the electricity entity to the State.

(4)This section does not limit the powers of a road authority under another Act.

106Public entity may require electricity entity to alter position of works

(1)A public entity may require an electricity entity to alter the position of the electricity entity’s works in a publicly controlled place if the works could interfere with the exercise of the public entity’s powers for the place.

(2)The public entity is responsible only for the cost of altering the position of the works.

(3)In this section—

publicly controlled place does not include a light rail.

s 106 amd 2011 No. 12 s 17

107Agreement for works of electricity entities affecting railways

(1)An electricity entity may build, alter or remove works on a railway or break up a railway only if it has the railway operator’s written agreement.

(2)The railway operator must not unreasonably withhold its agreement.

108Removal of works

(1)A railway operator may require an electricity entity to remove or relocate the entity’s works built with its agreement if the removal or relocation is in accordance with—

(a)the agreement or another agreement between the entity and operator; or

(b)a resolution of a dispute between the entity and operator.

(2)The electricity entity must pay the cost of the removal or relocation, unless an agreement or resolution mentioned in subsection (1) otherwise provides.

109Works impairing railway signalling or communication lines

(1)An electricity entity must not build works, or carry out any other work for the supply of electricity, in a way that impairs, through induction or otherwise, the efficient use of a railway operator’s existing signalling or communication line.

(2)An electricity entity and a railway operator may agree to relocate or protect a signalling or communication line to ensure its efficient use is not impaired.

(3)The electricity entity must pay the cost of relocating or protecting the signalling or communication line, unless an agreement between the entity and railway operator otherwise provides.

(4)In this section—

railway operator includes the following—

(a)light rail manager for a light rail;

(b)light rail operator for a light rail.

s 109 amd 2011 No. 12 s 18

110Building by railway operator of signalling or communication line likely to be affected by electricity entity’s works etc.

(1)If a railway operator proposes to build or relocate a signalling or communication line that could be adversely affected by interference from an electricity entity’s existing works, the operator must—

(a)ensure the signalling or communication line is built or relocated so as not to be adversely affected; or

(b)ask the entity to relocate or alter the works to protect adequately the signalling or communication line.

(2)The railway operator must pay the cost of relocating or altering works under subsection (1)(b).

(3)In this section—

railway operator includes the following—

(a)light rail manager for a light rail;

(b)light rail operator for a light rail.

s 110 amd 2011 No. 12 s 19

111Building of works on protected areas

(1)An electricity entity must not build, replace or alter electric lines or other works in a protected area unless the entity acts under a written agreement of the Minister administering the Nature Conservation Act 1992.

Maximum penalty—8 penalty units.

(2)In deciding whether to agree, the Minister must take into account—

(a)the extent and significance of the disturbance building the works will, or is likely to, cause to the protected area; and

(b)the electricity entity’s report on alternative routes or positions for building the works outside the protected area; and

(c)the extent of any disability or disadvantage in using an alternative route or position.

(3)Agreement may be given on conditions the Minister considers necessary to minimise interference to the protected area.

112Future owner or occupier of place taken to have consented to building of works

(1)If electric lines or other works are built by an electricity entity in a place with the owner’s consent, the occupier and a person who later becomes the owner or occupier of the place is taken to have also consented.

(2)If electric lines or other works are built by an electricity entity in a place with the occupier’s consent, a person who later becomes the occupier of the place is taken to have also consented.

(3)However, the owner or occupier may require the electricity entity to remove and relocate the works if the owner or occupier pays the cost, or a contribution acceptable to the entity towards the cost, of the removal and relocation.

(4)If, before the commencement, an electricity entity’s works have been placed on land in which the entity does not have an interest (other than an interest in the works or their use), the entity is taken to have built and maintained the works on the land with the consent of the land’s owner unless the contrary is proved.

112AClearing vegetation on freehold land for operating works

(1)This section applies despite the Planning Act.

(2)Clearing vegetation on freehold land is accepted development for the Planning Act if the clearing—

(a)is for operating works for a transmission entity or distribution entity; and

(b)is on premises the subject of a designation under the Planning Act for a type of infrastructure that is, or includes, the operating works.

(3)In this section—

Planning Act means the Planning Act 2016.

vegetation see the Vegetation Management Act 1999, section 8.

s 112A ins 2001 No. 100 s 91

amd 2005 No. 51 s 4; 2009 No. 36 s 872 sch 2

sub 2016 No. 27 s 203

113Works remain property of electricity entity

(1)Works built in a place by an electricity entity remain the entity’s property even if the place is not under its control.

(2)Despite subsection (1), the electricity entity may agree with the owner of the place that the works do not remain the entity’s property.

(3)In this section—

place includes a building, railway, reserve, road, tramway and waterway.

113AAuthority to transmit over land

(1)A transmission entity is authorised to operate works to transmit electricity across, over or through the following land—

(a)land that it owns;

(b)land over which it holds the benefit of an easement, licence or other agreement or a consent mentioned in section 112 in relation to the works.

(2)Subsection (1)(b) applies whether or not the easement, licence, agreement or consent authorises the transmission.

s 113A ins 2004 No. 50 s 5

113BAuthority to supply over land

(1)A distribution entity is authorised to operate works to supply electricity using a supply network across, over or through the following land—

(a)land that it owns;

(b)land over which it holds the benefit of an easement, licence or other agreement or a consent mentioned in section 112 in relation to the works.

(2)Subsection (1)(b) applies whether or not the easement, licence, agreement or consent authorises the supply.

s 113B ins 2004 No. 50 s 5

114Compensation payable by electricity entity for damage etc.

(1)In exercising a power under this part, an electricity entity must do as little damage as is practicable.

(2)An electricity entity must fully compensate a person for damage to the person’s property caused by the exercise of a power under this part.

(3)Subsection (2) is subject to sections 97 and 97A.

s 114 amd 2004 No. 50 s 6

115Authority to enter onto land for proposed works etc.

(1)The Minister may, by gazette notice, authorise an electricity entity (and its employees and agents) to enter onto land, and remain on it for as long as necessary, to decide the suitability of the land for the entity’s proposed works.

(2)The authority must state—

(a)the electricity entity to which it is given; and

(b)whether it applies to any land or only to particular land; and

(c)whether it applies to any proposed works or only to particular works; and

(d)the things the entity may do on land entered under it; and

(e)the period of the authority.

(3)The authority may—

(a)state the conditions or restrictions to which it is subject; and

(b)make provision about the effect of breaches of the conditions or restrictions or the continuation or suspension of the authority.

116Authority to acquire land

(1)The Minister may, by gazette notice, authorise an electricity entity to acquire land for works, including proposed works.

(1A)The Minister must consider the objects of this Act when authorising an electricity entity under subsection (1).

(2)The authority must state—

(a)the electricity entity to which it is given; and

(b)whether it applies to any land or only to particular land; and

(c)whether it applies to any works or only to particular works; and

(d)the period of the authority.

(3)The authority may—

(a)state the conditions or restrictions to which it is subject; and

(b)make provision about the effect of breaches of the conditions or restrictions or the continuation or suspension of the authority.

(3A)On the commencement of this subsection, each of the following electricity entities is taken to be authorised, under subsection (1), to acquire any land for any works, including proposed works, for the period starting on the commencement and ending on the revocation of the authorisation under subsection (7)—

(a)Energex Limited ACN 078 849 055;

(b)Ergon Energy Distribution;

(c)QETC.

(4)The Acquisition of Land Act 1967 applies to an authorised electricity entity acting under an authority given, or taken to be given, under subsection (1) as if—

(a)it were a constructing authority; and

(b)land mentioned in the Act included land held from the State for a lesser interest than freehold; and

(c)the purposes for which land may be taken for the entity included—

(i)building works, including for example, relocating property for the works and lessening adverse environmental effects; and

(ii)any other public purpose within the meaning of the Land Act 1994 related to works.

(5)The Land Act 1994, section 218 applies to an authorised electricity entity as if it were a constructing authority.

(6)A regulation may make provision about the acquisition of land by or for an authorised electricity entity.

(7)To remove any doubt, it is declared that the Minister may, by gazette notice, amend or revoke an authorisation mentioned in subsection (3A).

(8)In this section—

authorised electricity entity means an entity authorised, or taken to be authorised, under subsection (1), to acquire land.

s 116 amd 1997 No. 77 s 36; 2003 No. 28 s 8; 2014 No. 48 s 52

116AAuthority to create easements over forest land

(1)Despite the Forestry Act 1959, sections 26(1A) and 28(3) but subject to the Land Act 1994, section 362, the Governor in Council may, at the request of an electricity entity, authorise the creation of an easement for the entity over forest land for the entity’s works, including proposed works.

(2)Section 116(2) and (3) applies to the authority with all necessary changes.

(3)In this section—

forest land means land that is a State forest or a timber reserve within the meaning of the Forestry Act 1959, schedule 3.

s 116A ins 1997 No. 26 s 31

116BEasements to include carriage services

(1)Despite anything to the contrary in any Act or instrument, an easement, licence or consent to which a transmission or distribution entity is entitled may be used by the entity or another person authorised by the entity for the provision of a carriage service or content service.

(2)This section does not authorise a transmission or distribution entity to take land under the Acquisition of Land Act 1967 only for a carriage service or content service.

(3)In this section—

carriage service has the meaning given in the Telecommunications Act 1997 (Cwlth).

content service has the meaning given in the Telecommunications Act 1997 (Cwlth).

Editor’s note—

The attachment contains extracts of the relevant provisions of the Telecommunications Act 1997 (Cwlth).

s 116B ins 1997 No. 50 s 19

117Resolution of certain disputes between electricity entities or between electricity entities and public entities

(1)This section applies to—

(a)disputes arising under part 4 between an electricity entity and a public entity; and

(b)disputes arising under this Act between electricity entities.

(1A)However, this section does not apply to disputes that are regulated by QCA or under the National Electricity Rules or to a dispute about what is a chargeable amount under section 309.

(2)Any party to the dispute may refer the issue to the regulator.

(3)The regulator may give instructions about procedures to be followed by the parties to attempt to resolve the dispute before the regulator will attempt to resolve it.

(4)The regulator may require a party to supply information the regulator considers necessary to enable the dispute to be resolved.

(5)The regulator may—

(a)decline to act in a dispute; or

(b)seek to resolve the dispute with the parties or someone else, other than a court, responsible for dealing with disputes involving 1 or more of the parties.

(6)If the regulator can not resolve the dispute, the matter may be decided by the Governor in Council.

(7)The Governor in Council may decide the matter without giving the parties an opportunity to make representations to, or to be heard by, the Governor in Council.

(8)The decision of the Governor in Council is binding on the parties.

(9)This section does not prevent an entity from exercising another right before a court or tribunal.

s 117 amd 1997 No. 77 s 37; 2004 No. 53 s 2 sch; 2004 No. 50 s 7; 2005 No. 51 s 3 sch; 2013 No. 42 s 4

118ADistribution entity may recover amount for connection and supply of electricity to a person

If—

(a)a person occupies premises that are connected and supplied with electricity by a distribution entity during the person’s occupancy; and

(b)the distribution entity has not been paid for the connection and supply;

the amount the distribution entity is entitled to charge for the connection and supply is a debt owing by the person to the distribution entity.

s 118A ins 1997 No. 26 s 32

120Regulator’s power to require information from electricity entities or retailers

(1)An electricity entity or retailer must give the regulator the information the regulator reasonably requires to enable the regulator to perform the regulator’s functions.

(2)The information must be given within a reasonable time after the regulator asks for it.

(3)However, this section does not require the electricity entity or retailer to give information if giving the information might tend to incriminate the entity or retailer.

s 120 amd 2014 No. 48 s 54

120AA Regulator’s powers concerning audit of compliance with Act etc.

(1)The regulator may, by written notice given to an electricity entity, retailer or special approval holder, require the entity, retailer or holder—

(a)to carry out an internal audit of all or any of the following—

(i)the entity, retailer or holder’s compliance with this Act, distribution network codes, and the authority issued or approval given to it under this Act;

(ii)the reliability and quality of information given by the entity, retailer or holder to the regulator under this Act; or

(b)to appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a).

(2)The notice may state terms of reference for carrying out the audit.

(3)The regulator may appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in subsection (1)(a) concerning the entity, retailer or holder if—

(a)the regulator reasonably considers that the person appointed under subsection (1) does not have appropriate qualifications or experience for carrying out the audit; or

(b)the entity, retailer or holder does not comply with a notice given to it under the subsection.

(4)A person may be appointed as an independent auditor under subsection (1)(b) or (3) only if the appointer reasonably considers the person has the appropriate qualifications or experience for carrying out the audit.

s 120AA ins 2004 No. 51 s 20

amd 2006 No. 60 s 28; 2014 No. 48 ss 55, 183 sch 1

120AB Responsibility for cost of audit

(1)An electricity entity, retailer or special approval holder required under section 120AA(1) to carry out, or appoint an independent auditor to carry out, an audit is responsible for the cost of the audit.

(2)If the regulator appoints an independent auditor to carry out an audit concerning an electricity entity, retailer or special approval holder, the entity, retailer or holder must reimburse the regulator for the cost of the audit if required to do so by the regulator.

s 120AB ins 2004 No. 51 s 20

amd 2014 No. 48 s 56

120AC Independent auditor may require reasonable help or information

(1)An independent auditor appointed under section 120AA to carry out an audit concerning an electricity entity, retailer or special approval holder may require the entity, retailer or holder to give the auditor—

(a)reasonable help to carry out the audit; or

Examples—

•access to the entity’s, retailer’s or holder’s premises and records

•help from the entity’s, retailer’s or holder’s employees

(b)information, in a form reasonably required by the auditor, to help the auditor carry out the audit.

(2)An electricity entity, retailer or special approval holder required to give reasonable help under subsection (1)(a), or information under subsection (1)(b), must comply with the requirement unless the entity, retailer or holder has a reasonable excuse.

Maximum penalty—1,000 penalty units.

(3)If the entity, retailer or holder is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.

s 120AC ins 2004 No. 51 s 20

amd 2006 No. 60 s 29; 2014 No. 48 s 57

120AD Audit report and submissions on report

(1)An electricity entity, retailer or special approval holder required under section 120AA(1) to carry out, or appoint an independent auditor to carry out, an audit must give a copy of the audit report to the regulator.

(2)The copy must be given promptly after the audit is completed.

(3)If the regulator appoints an independent auditor to carry out an audit concerning an electricity entity, retailer or special approval holder, the regulator must give the entity, retailer or holder—

(a)a copy of the draft audit report and an opportunity to make submissions to the regulator on the draft report; and

(b)a copy of the final audit report and an opportunity to make further submissions to the regulator on the final report.

s 120AD ins 2004 No. 51 s 20

amd 2014 No. 48 s 58

120AE Disclosure of information

(1)This section applies if an electricity entity, retailer or special approval holder gives the regulator written information about the entity, retailer or holder under this Act.

(2)The regulator must disclose the information to QCA if—

(a)QCA requests the disclosure for performing its functions; and

(b)any of the following apply—

(i)the entity or holder—

(A)consents to the disclosure; or

(B)is required, under the entity’s authority or holder’s approval, to consent to the disclosure;

(ii)the retailer consents to the disclosure; or

(iii)subsection (3) applies in relation to the retailer.

(3)This subsection applies if—

(a)the retailer gave the information to the regulator under section 55DB(1)(d); and

(b)either—

(i)QCA must, under section 120L, conduct a review of the Act that relates to the Queensland electricity market and involves small photovoltaic generators; or

(ii)QCA must, under section 253AA, give the Minister information or advice that relates to the Queensland electricity market and involves small photovoltaic generators.

s 120AE ins 2004 No. 51 s 20

amd 2014 No. 48 s 59

ch 5 pt 1A hdg ins 1997 No. 77 s 39

sub 2006 No. 60 s 30; 2014 No. 48 s 60

ch 5 pt 1A div 1 hdg ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

120ADefinition for pt 1A

In this part—

electricity entity includes a special approval holder.

s 120A ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

ch 5 pt 1A div 2 hdg ins 1997 No. 77 s 39

sub 2006 No. 60 s 30; 2014 No. 48 s 61

120BMaking of initial distribution network codes by Minister

(1)The Minister may make initial distribution network codes to apply to electricity entities or retailers, or both.

(2)A code must state the electricity entities or retailers to which it applies.

(3)A code is not subordinate legislation.

Note—

QCA must keep a register of distribution network codes and publish them on its website. See section 254B and the QCA Act, sections 227A to 227C.

s 120B ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 ss 62, 183 sch 1

120CSpecific matters for which code may provide

Without limiting section 120B, a distribution network code may provide for all or any of the following—

(a)the service levels to be provided by electricity entities to customers;

(b)the payment of amounts by electricity entities to affected customers for failure to provide a stated service level;

(c)metering;

(d)public lighting.

s 120C ins 1997 No. 77 s 39

sub 2006 No. 60 s 30; 2014 No. 48 s 63

120DGazettal and taking of effect of code

(1)The Minister must, as soon as practicable after making an initial distribution network code, publish a gazette notice stating the Minister has made the code and where it may be inspected.

(2)The code takes effect on the later of the following days—

(a)a day of effect stated in the gazette notice;

(b)if no day of effect is stated in the notice—the day the notice is gazetted.

s 120D ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

120ETabling of code

(1)Within 14 days after an initial distribution network code takes effect, the Minister must table a copy in the Legislative Assembly.

(2)The copy is tabled for information only.

(3)A failure to table the copy does not affect the code’s ongoing effect.

s 120E ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

ch 5 pt 1A div 3 hdg ins 1997 No. 77 s 39

sub 2006 No. 60 s 30; 2014 No. 48 s 64

120FQCA may make distribution network code

(1)Subject to sections 120G and 120H, QCA may make distribution network codes.

(2)However, a code made by QCA has no effect unless it is approved by the Minister.

(3)A code may provide for any matter that may be provided for under an initial distribution network code.

(4)Sections 120B and 120C apply to the making of a distribution network code by QCA as if the code were an initial distribution network code.

s 120F ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

120GQCA code objective

(1)The objective (the QCA code objective) of a distribution network code made by QCA is to promote efficient investment in, and efficient use of, electricity services for the long-term interests of Queensland customers about—

(a)price, quality, reliability and security of supply of electricity; and

(b)the reliability, safety and security of the Queensland electricity system.

(2)QCA may make a distribution network code only if it is satisfied the code will, or is likely to, contribute to the achievement of the QCA code objective.

(3)In this section—

electricity services means electricity services as defined under the National Electricity (Queensland) Law.

s 120G ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

120HRequired consultation

(1)This section applies if QCA proposes to make a distribution network code, unless QCA considers the code—

(a)is needed urgently; or

(b)can not be materially detrimental to anyone’s interests.

(2)Before QCA makes the distribution network code it must prepare a draft of the code and engage in the consultation prescribed under a regulation.

s 120H ins 1997 No. 77 s 39

sub 2006 No. 60 s 30 (amd 2007 No. 17 s 43 (1))

amd 2014 No. 48 s 183 sch 1

120IMinisterial approval

(1)QCA must, as soon as practicable after making a distribution network code, give the Minister a copy.

(2)The Minister may, within 20 business days after receiving the code, decide whether to approve it.

(3)The Minister must, in making the decision, have regard to the QCA code objective.

(4)If the decision is not to approve the code, the Minister must, as soon as practicable after the making of the decision, give QCA a notice stating the decision, and the reasons for it.

(5)If the Minister does not make the decision within the 20 business days, the Minister is taken to have approved the code.

s 120I ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

120JWhen approved QCA distribution network code takes effect

(1)This section applies for a distribution network code made by QCA only if the Minister approves the code.

(2)QCA must, as soon as practicable after the approval, publish a gazette notice stating the Minister has approved the code and where it may be inspected.

(3)The code takes effect on the later of the following days—

(a)a day of effect stated in the gazette notice;

(b)if no day of effect is stated in the notice—the day the notice is gazetted.

s 120J ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

120KTabling of QCA distribution network code

(1)If a distribution network code made by QCA takes effect, the Minister must, within 14 sitting days, table a copy of the code in the Legislative Assembly.

(2)The copy is tabled for information only.

(3)A failure to table the copy does not affect the code’s ongoing effect.

s 120K ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

ch 5 pt 1A div 4 hdg ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 65

120LDirection by Minister to review

(1)The Minister may, by gazette notice, give QCA a written direction to conduct a review into—

(a)any matter relating to the Queensland electricity market; or

(b)the operation and effectiveness of a distribution network code; or

(c)any matter relating to a distribution network code.

(2)QCA must comply with the direction.

(3)QCA must publish the direction on its website.

s 120L ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

120MTerms of reference

The direction may do all or any of the following—

(a)state the terms of reference of the review;

(b)require QCA to give the Minister a report on the review within a stated period;

(c)require QCA to make the report publicly available or available to a stated entity;

(d)require QCA to, during the review, make a draft report publicly available or available to a stated entity;

(e)require QCA to, in conducting the review—

(i)consider stated matters; and

(ii)have stated objectives;

(f)give QCA other directions the Minister considers appropriate.

s 120M ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

120NNotice of review or amended term of reference or direction

QCA must publish a notice of the following on its website and in a Statewide newspaper—

(a)the review;

(b)if a term of reference or direction relating to the review is amended—the amended term of reference or direction.

s 120N ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

120OConduct of review

(1)The QCA Act, part 6, other than section 171, (the applied part) applies for the review—

(a)as if a reference in the applied part to an investigation were a reference to the review; and

(b)as if the QCA Act, section 176(3), required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review; and

(c)with other necessary changes.

(2)However, the applied part applies subject to any requirement or direction of the Minister.

(3)Any definitions under the QCA Act relevant to the applied part also applies.

s 120O ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

ch 5 pt 1A div 5 hdg ins 2006 No. 60 s 30

sub 2014 No. 48 s 66

120PApplication of div 5

This division applies if QCA proposes to amend a distribution network code.

s 120P ins 1997 No. 77 s 39

sub 2006 No. 60 s 30 (amd 2007 No. 17 s 43 (2))

amd 2014 No. 48 s 183 sch 1

120PA Required consultation for amendment

(1)Before QCA may make the amendment it must prepare a draft of the amendment and engage in the consultation prescribed under a regulation.

(2)However, subsection (1) does not apply if QCA considers the amendment—

(a)is needed urgently; or

(b)does not materially detriment anyone’s interests; or

(c)is of an uncontroversial nature; or

(d)corrects an error.

(3)To remove any doubt, it is declared that subsection (2)(d) applies even if the correction is materially detrimental to someone’s interests.

s 120PA ins 2006 No. 60 s 30 (amd 2007 No. 17 s 43 (2))

120PB Application of div 3 other than its consultation provision

The provisions of division 3, other than section 120H, apply to the amendment—

(a)as if a reference in the provisions to making the code were a reference to the making of the amendment; and

(b)as if a reference in the provisions to the code were a reference to the amendment; and

(c)with other necessary changes.

s 120PB ins 2006 No. 60 s 30 (amd 2007 No. 17 s 43 (2))

ch 5 pt 1A div 6 hdg ins 2006 No. 60 s 30

sub 2014 No. 48 s 67

ch 5 pt 1A div 6 hdg ins 2006 No. 60 s 30

120QApplication of sdiv 1

This subdivision applies if QCA suspects—

(a)an electricity entity or retailer—

(i)has contravened, or is contravening, a distribution network code; or

(ii)is involved in an activity that is likely to result in a contravention of a distribution network code; and

(b)the contravention or likely contravention is, or is likely to be, a material contravention of the code.

s 120Q ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

120RCriteria for deciding material contravention

(1)This section applies to the making of any decision under this part about whether a contravention of a distribution network code is a material contravention of the code.

(2)Regard must be had to the QCA code objective.

(3)Subsection (2) does not limit or otherwise affect what may be considered in making the decision.

s 120R ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

120SWarning notice may be given

(1)QCA may give the electricity entity or retailer a notice (the warning notice) warning the entity or retailer that QCA proposes to give the entity or retailer a further notice about the contravention or likely contravention (a code contravention notice).

(2)QCA must make the decision about whether to give the warning notice as soon as practicable after forming the suspicion.

(3)However, a failure to comply with subsection (2) does not affect the validity of the warning notice or any subsequent code contravention notice.

(4)Despite subsections (2) and (3), if the warning notice is proposed to be given for a contravention, it can only be given within 2 years after the day on which the contravention happened.

s 120S ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

120TRequirements for warning notice

(1)The warning notice must state each of the following—

(a)particulars of the contravention or likely contravention;

(b)that QCA proposes to give the electricity entity or retailer a code contravention notice unless the entity or retailer—

(i)takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and

(ii)gives QCA a written assurance (a conduct assurance), in the terms stated in the warning notice, that the entity or retailer will—

(A)avoid any similar future contravention; and

(B)take steps reasonably necessary to avoid a future recurrence of the contravention;

(c)a period (the warning period) after which the code contravention notice may be given unless the warning notice is complied with;

(d)that the entity or retailer may make, within the period, written submissions to show why the proposed code contravention notice should not be given.

(2)The warning period must be—

(a)if the warning notice is given because QCA considers the contravention or likely contravention is of a type that requires urgent action—a period that QCA considers is reasonable in the circumstances; or

(b)otherwise—at least 20 business days.

(3)The warning notice may also state the steps QCA reasonably believes are necessary to remedy the contravention or avoid its future recurrence, or avoid the likely contravention.

Examples of steps that may remedy a contravention—

•refunding an amount wrongly paid because of the contravention

•paying compensation to someone who has damage, injury or loss because of the contravention

•disclosing particular information

•publishing advertisements about the contravention or action to remedy it

s 120T ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

120UConsidering submissions on warning notice

(1)QCA must consider any written submission made under section 120T(1)(d) by the electricity entity or retailer within the period stated in the warning notice.

(2)If QCA at any time decides not to give the proposed code contravention notice, it must, as soon as practicable, give the electricity entity or retailer notice of the decision.

s 120U ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

120VGiving of code contravention notice

(1)QCA may give the proposed code contravention notice if—

(a)the electricity entity or retailer has not complied with the warning notice; and

(b)after complying with section 120U, QCA still believes the code contravention notice ought to be given.

(2)The code contravention notice must state—

(a)that the electricity entity or retailer—

(i)has contravened, or is contravening, a distribution network code; or

(ii)is likely to contravene a distribution network code; and

(b)the contravention or likely contravention is, or is likely to be, a material contravention of the code; and

(c)particulars of the contravention or likely contravention.

(3)Subsection (4) applies if the warning notice was given on the basis of a contravention of the distribution network code and the electricity entity or retailer—

(a)has taken steps reasonably necessary to remedy the contravention; but

(b)has not given the conduct assurance required under the warning notice.

(4)QCA may give the code contravention notice on the basis that the electricity entity or retailer is still involved in an activity that is, or is likely to result in, a material contravention of the distribution network code.

Note—

Under section 251A, a certified copy of a code contravention notice is, for a proceeding under or relating to this Act, amongst other things, evidence of the contravention or other things stated in it.

s 120V ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

120WDuration of code contravention notice

The code contravention notice—

(a)comes into effect—

(i)when it is made; or

(ii)if it states a later time—at the later time; and

(b)ends—

(i)on the day stated in the notice; or

(ii)if it is cancelled before that day—when it is cancelled.

s 120W ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

ch 5 pt 1A div 6 hdg ins 2006 No. 60 s 30

120XProceeding for civil penalty order

(1)This section applies if, on the application of QCA, the Supreme Court is satisfied an electricity entity or retailer has—

(a)committed a material contravention of a distribution network code; or

(b)attempted to a commit a material contravention of a distribution network code; or

(c)been involved in a material contravention of a distribution network code.

(2)The court may order the entity or retailer to pay the State as a civil penalty an amount of no more than—

(a)for an individual—$100,000; or

(b)for a corporation—$500,000.

(3)In fixing the penalty, the court must consider—

(a)the nature and extent of—

(i)the contravention; and

(ii)loss or damage suffered because of the contravention; and

(b)the circumstances in which the contravention took place; and

(c)whether the entity or retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.

(4)For subsection (1)(c), an electricity entity or retailer is involved in a contravention if the entity or retailer—

(a)has aided, abetted, counselled or procured the contravention; or

(b)has induced the contravention, whether through threats, promises or in another way; or

(c)has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or

(d)has conspired with others to effect the contravention.

Note—

See also chapter 11, part 1A (Provisions for civil penalty proceedings).

s 120X ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

amd 2014 No. 48 s 183 sch 1

120YHow order enforced

If the Supreme Court orders payment of an amount under section 120X(2), the State may enforce the order as a judgment of the court for a debt of that amount.

s 120Y ins 1997 No. 77 s 39

sub 2006 No. 60 s 30

120ZInjunctions