Electricity Regulation 1994


Queensland Crest
Electricity Regulation 1994
Queensland Electricity Act 1994 Electricity Regulation 1994 Reprinted as in force on 7 October 2005 Reprint No. 9A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See SIA s 56A(1)(a)(i) and SIR s 5 sch 3
Information about this reprint This regulation is reprinted as at 7 October 2005. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.
Queensland Electricity Regulation 1994 Contents Chapter 1 1 2 3 4 5 6 Chapter 2 Part 1 6A Part 2 Division 1 7 Division 2 8 9 10 11 Division 3 12 Division 4 13 14 Division 5 15 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 How purposes are to be achieved . . . . . . . . . . . . . . . . . . . . . . . . 13 Words have the same meaning as in wiring rules . . . . . . . . . . . . 14 Way of describing electrical articles and appliances . . . . . . . . . . 14 Technical requirements Preliminary Application of ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Design, building and maintenance of electric lines and works Compliance with part Compliance with this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Earthing, frequency and voltage Systems of earthing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Standard frequency and voltage . . . . . . . . . . . . . . . . . . . . . . . . . 16 Supply at high voltage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Changes of voltage at customer’s consumers terminals . . . . . . . 16 Service lines Service lines on customer’s premises . . . . . . . . . . . . . . . . . . . . . 17 Maintenance of works Maintenance of works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Clearing and lopping of trees on non-freehold land . . . . . . . . . . . 18 Works on publicly controlled places Notice to be given to public entity. . . . . . . . . . . . . . . . . . . . . . . . . 19 Electricity entity must comply with public entity’s requirements . . 20
17 18 19 20 Part 3 21 22 23 24 25 26 27 Chapter 3 Part 1 Division 1 28 29 30 31 32 33 34 35 Division 2 36 37 38 39 40 41 42 43 2 Electricity Regulation 1994 Guarding of work on publicly controlled place . . . . . . . . . . . . . . . Restoration of publicly controlled place . . . . . . . . . . . . . . . . . . . . Electricity entity to keep publicly controlled place in good repair after work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warning signs on roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Customers’ electrical installations Installation and operation of electric line beyond person’s property .................................... Requirement for circuit-breaker in rural areas . . . . . . . . . . . . . . . Power factor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prevention of interference by motor installations and associated starting devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interference with supply of electricity . . . . . . . . . . . . . . . . . . . . . . Customer’s generating plant for interconnection to supply network ..................................... Coordination of customer’s protection devices with electricity entity’s protection system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electricity supply and sale to customers Distribution entities Obligations of distribution entities and customers Limits on obligation to provide customer connection services . . . Notice if services refused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entity may provide services even if no obligation . . . . . . . . . . . . . When distribution entity may refuse to connect or may disconnect .................................... Customer’s liability for customer connection services . . . . . . . . . Regulating customer’s use etc. of electricity . . . . . . . . . . . . . . . . Action if notice not complied with . . . . . . . . . . . . . . . . . . . . . . . . . Providing metering information to retail entity . . . . . . . . . . . . . . . Meter and control apparatus requirements if customer is non-contestable for premises Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entity must provide meter and control apparatus . . . . . . . . . . . . . Customer to change electrical installation for meter connection . Customer to provide links connecting meters to incoming supply No breaking or interfering with meter seal or control apparatus. . Placing meter or control apparatus on customer’s premises . . . . Change of placement if building changes or works . . . . . . . . . . . Matters that may be considered for placement . . . . . . . . . . . . . . 20 21 21 21 22 23 23 23 23 23 24 25 27 28 28 29 30 31 31 32 32 32 33 33 33 33 34
44 45 46 47 48 49 50 51 52 53 Division 3 54 55 56 57 58 59 Division 4 60 61 62 63 Part 2 Division 1 64 65 66 67 68 Division 2 69 69A 70 71 72 73 3 Electricity Regulation 1994 Customers to provide safe access . . . . . . . . . . . . . . . . . . . . . . . . Meter accuracy test at customer’s request . . . . . . . . . . . . . . . . . . When meter taken to register accurately . . . . . . . . . . . . . . . . . . . Extent of inaccuracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report about test results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refund and adjustment if inaccuracy . . . . . . . . . . . . . . . . . . . . . . Referral of tested meter to regulator. . . . . . . . . . . . . . . . . . . . . . . Inspection and test after referral. . . . . . . . . . . . . . . . . . . . . . . . . . Refund and adjustment after test under s 51 . . . . . . . . . . . . . . . . Using testing instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Substations on customers’ premises Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of owner in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Owner to provide space for substation . . . . . . . . . . . . . . . . . . . . . Supply to other customers from substation . . . . . . . . . . . . . . . . . Limitation of compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taking away distribution entity’s equipment . . . . . . . . . . . . . . . . . What is not unfair or unreasonable Differing methods of charging . . . . . . . . . . . . . . . . . . . . . . . . . . . Negotiated customer connection contracts . . . . . . . . . . . . . . . . . Differing security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Different terms that are reasonable . . . . . . . . . . . . . . . . . . . . . . . Retail entities Obligations of retail entities and customers Limits on obligation to provide customer retail services . . . . . . . . Notice if services refused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entity may supply even if no obligation. . . . . . . . . . . . . . . . . . . . . When retail entity is not obliged to provide customer retail services ....................................... Customer’s liability for customer retail services . . . . . . . . . . . . . . Obligations of host retail entities and customers Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corporations legislation displacement provision for div 2. . . . . . . Statutory customer sale contract . . . . . . . . . . . . . . . . . . . . . . . . . Terms of statutory customer sale contract . . . . . . . . . . . . . . . . . . Other provisions about statutory customer sale contract . . . . . . . Contract outside statutory customer sale contract . . . . . . . . . . . . 34 35 35 36 36 36 36 37 37 38 38 39 39 40 41 41 41 41 41 42 43 44 45 45 46 47 47 47 48 50 50
4 Electricity Regulation 1994 74 75 Division 3 76 77 78 79 Part 2A 79A Part 3 80 81 82 Part 4 83 84 Part 5 Division 1 85 Division 2 87 88 Part 6 Division 1 Subdivision 1 91 92 Subdivision 2 93 94 95 96 Subdivision 3 97 98 99 Customer’s liability to suspended retail entity for customer retail services provided after suspension . . . . . . . . . . . . . . . . . . . Giving necessary consents, details etc. . . . . . . . . . . . . . . . . . . . . What is not unfair or unreasonable Differing methods of charging . . . . . . . . . . . . . . . . . . . . . . . . . . . Negotiated customer sale contracts . . . . . . . . . . . . . . . . . . . . . . . Differing security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Different terms that are reasonable . . . . . . . . . . . . . . . . . . . . . . . Approved industry code Approved industry code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disputes about what is fair and reasonable Dispute resolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulator may seek advice or information . . . . . . . . . . . . . . . . . . Parties to maintain secrecy of advice or information . . . . . . . . . . Financial arrangements about supply and sale Methods of charging for electricity . . . . . . . . . . . . . . . . . . . . . . . . Meters must be read annually . . . . . . . . . . . . . . . . . . . . . . . . . . . Electricity restrictions Preliminary Purpose of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions in Ergon Energy distribution area Where restrictions apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contestable customers General declarations Preliminary Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of single premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declarations Declaration as contestable customer . . . . . . . . . . . . . . . . . . . . . . New or replacement single premises of same registered owner . Subsequent registered owner . . . . . . . . . . . . . . . . . . . . . . . . . . . Declarations continue despite consumption or use . . . . . . . . . . . Contestable customer certification Applying for certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 51 54 54 54 54 55 55 56 57 57 58 58 58 58 60 60 61 62 62 63 63 64 65
5 Electricity Regulation 1994 100 Subdivision 4 100A 100B 100C 100D Division 2 101 Division 3 102 Division 4 103 104 105 106 Division 5 107 Part 7 108 Chapter 4 Part 1 Division 1 109 Division 2 110 111 112 113 114 Part 2 Division 1 115 116 117 Division 2 118 Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Actual or estimated consumption of less than 0.2GWh Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definition for sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosures to customer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ending contract during cooling-off period. . . . . . . . . . . . . . . . . . . Contestable customers in Country Energy’s area Contestable customers in Country Energy’s area . . . . . . . . . . . . Other contestable customers Customers declared to be contestable customers . . . . . . . . . . . . Resolving disputes about contestability Dispute resolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dispute resolver may seek advice or information . . . . . . . . . . . . . Parties to maintain secrecy of advice or information . . . . . . . . . . Decision binding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Metering obligation if customer is contestable for premises Customer’s metering obligation . . . . . . . . . . . . . . . . . . . . . . . . . . Negotiated contracts before commencement of Electricity Amendment Act 1997 Negotiated contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Market and system arrangements System and network control Operating electrical installations Market Code to be followed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Network control Network operation not to interfere with Queensland system . . . . Market Code to be followed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealings to be impartial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reasonable charges for services . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of authorities and special approvals Separation of industry sectors Generation and retail sectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution and retail sectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . Retail and generation sectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . Compliance with Market Code Compliance with Market Code instruments . . . . . . . . . . . . . . . . . 66 66 67 67 67 68 69 69 70 71 71 71 72 73 73 74 74 74 74 75 75 75 75
6 Electricity Regulation 1994 Division 3 119 119A Part 3 120 121 122 123 124 Chapter 5 125 126 127 Chapter 5A Part 1 127A 127B Part 2 127C 127D Chapter 6 Part 1 Division 1 128 129 130 131 132 133 134 135 136 Division 2 137 Miscellaneous Compliance with regulator’s decisions under s 80 . . . . . . . . . . . . Compliance with disclosure requirements . . . . . . . . . . . . . . . . . . Special approvals Approval to connect for generation plant of certain State electricity entities installed immediately before 1 January 1995. . Approval to connect for mobile generating plant for emergency or maintenance work by distribution entities . . . . . . . . . . . . . . . . Approval to connect certain generating plant with 30MW or less capacity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special approval holders treated as electricity entities—Act, s 59(2) ...................................... Special approval for QETC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibited interests Generation authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Retail authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13% gas scheme General provisions Prescribed transmission zones—Act, s 135CO . . . . . . . . . . . . . . Prescribed programs—Act, s 135GR . . . . . . . . . . . . . . . . . . . . . . Monitoring Appointment conditions for approved auditors—Act, s 135IG . . . Prescribed contents for audit reports—Act, ss 135IP and 135IT . Energy efficiency and performance of electrical equipment Minimum energy efficiency and performance Registration Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum energy efficiency and performance criteria . . . . . . . . . . Notice of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Term of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change of name or address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Changing energy efficiency label identifying electrical equipment Refusal to change energy efficiency label . . . . . . . . . . . . . . . . . . Notice of change to energy efficiency label . . . . . . . . . . . . . . . . . Transfer and cancellation of registration Transfer of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 76 76 77 77 77 78 78 78 78 79 79 80 80 82 83 83 83 84 84 84 84 85 85
138 139 140 141 Division 3 142 Division 4 143 144 Part 2 Division 1 145 146 Division 2 147 148 149 150 Part 3 151 152 153 154 155 155A Chapter 7 Part 1 155B 155C 155D 155E Part 2 Division 1 156 7 Electricity Regulation 1994 Notice of transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cancellation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure before cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice, by holder, of cancellation of registration . . . . . . . . . . . . . . Energy efficiency label Energy efficiency label . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Testing and test reports Preliminary Testing of prescribed electrical equipment . . . . . . . . . . . . . . . . . . Test reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Check testing Requirement by regulator to make available prescribed electrical equipment for testing. . . . . . . . . . . . . . . . . . . . . . . . . . . What happens if check testing shows noncompliance . . . . . . . . . What happens if check testing shows compliance . . . . . . . . . . . . Return of equipment made available to the regulator. . . . . . . . . . Offences Part does not apply to second-hand prescribed electrical equipment ..................................... Prescribed electrical equipment in sch 4, pt 1 must be registered and labelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed electrical equipment in sch 4, pt 2 must be registered Prescribed electrical equipment in sch 4, pt 3 must be registered and may be labelled . . . . . . . . . . . . . . . . . . . . . . . . . . Representations about 3-phase cage induction motors . . . . . . . . Fluorescent lamp ballast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employment in government owned electricity industry Preliminary Definitions for ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of redundant and redundant employee . . . . . . . . . . . . . Meaning of suitable alternative employment . . . . . . . . . . . . . . . . Industrial Relations Commission may decide particular matters . General employment conditions and entitlements Preliminary Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 85 86 87 87 88 88 89 89 90 90 91 91 92 92 93 93 93 94 94 95 95 96 97
8 Electricity Regulation 1994 Division 2 157 158 159 160 161 Division 3 162 163 164 165 166 Part 3 167 168 169 170 171 172 173 Part 4 174 175 Part 5 Division 1 Subdivision 1 176 Subdivision 2 177 178 179 Subdivision 3 180 Award conditions and entitlements for electricity industry employees Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of div 2 to Ergon Energy Pty Ltd . . . . . . . . . . . . . . . . Relevant award. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant award is binding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant award subject to Industrial Relations Act . . . . . . . . . . . Miscellaneous Chapter 7 prevails over industrial instruments . . . . . . . . . . . . . . . State electricity entity must display translation principles. . . . . . . Secondment does not affect employment in the GOE industry . . Continuous service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Calculation at a proportionate rate for particular employee . . . . . Transfer of employment within GOE industry Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When there is transfer of employment within GOE industry. . . . . When employment with former employer and new employer is taken to be continuous service. . . . . . . . . . . . . . . . . . . . . . . . . . . Transferred employee may elect for leave entitlement to become leave entitlement with new employer . . . . . . . . . . . . . . . Payment by former employer to new employer towards long service leave entitlements not accrued on transfer . . . . . . . . . . . Transferred employees not made redundant . . . . . . . . . . . . . . . . Particular new employers must pay superannuation into transferred employee’s existing scheme . . . . . . . . . . . . . . . . Recognition of previous service other than on transfer Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recognition of previous service . . . . . . . . . . . . . . . . . . . . . . . . . . Long service leave Entitlement General entitlement provision Entitlement to long service leave . . . . . . . . . . . . . . . . . . . . . . . . . Service and continuity of service Service recognised for long service leave purposes . . . . . . . . . . Casual employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Periods of absence without pay that count as ‘service’ . . . . . . . . Calculation of entitlement Calculation of long service leave . . . . . . . . . . . . . . . . . . . . . . . . . 98 98 98 98 99 99 99 99 100 100 100 101 101 101 102 102 103 103 104 105 105 106 107 107
181 Division 2 182 183 Division 3 184 185 186 187 188 189 Part 6 190 191 192 193 194 195 196 Part 7 197 Part 8 Division 1 198 Division 2 199 200 Chapter 8 Part 1 201 202 203 204 9 Electricity Regulation 1994 Casual employees—conversion to full time equivalent . . . . . . . . Obtaining long service leave Applications for long service leave . . . . . . . . . . . . . . . . . . . . . . . . Employer’s right to refuse or defer long service leave . . . . . . . . . Miscellaneous provisions Minimum period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employer’s right to recall an employee from leave . . . . . . . . . . . . Public holidays happening during long service leave . . . . . . . . . . Illness during long service leave . . . . . . . . . . . . . . . . . . . . . . . . . Payment of cash equivalent of long service leave . . . . . . . . . . . . Preservation of certain existing rights . . . . . . . . . . . . . . . . . . . . . Locality allowances Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Allowance payable to a GOE industry employee with a dependent spouse or dependent child . . . . . . . . . . . . . . . . . . . . . Allowance payable to other employees . . . . . . . . . . . . . . . . . . . . Allowance payable if both spouses are entitled . . . . . . . . . . . . . . Allowance payable to an employee absent from headquarters on duty ........................................ Allowance payable to an employee on leave . . . . . . . . . . . . . . . . Building projects where site allowance is paid . . . . . . . . . . . . . . . Overtime payments Overtime payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions concerning electricity industry restructure Continuation of employment Continuation of employment if employer becomes a GOC. . . . . . Redundant employees Meaning of redundant and redundant employee for div 2 . . . . . . Restriction on engaging redundant employees . . . . . . . . . . . . . . Review of and appeals against decisions Review of decisions Who may apply for review etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of decision etc. . . . . . . . . . . . . . . . . . . . . . . . . . Decision on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 108 109 109 109 109 110 111 111 112 112 113 114 114 114 115 115 116 116 117 118 118 119 119
10 Electricity Regulation 1994 Part 2 Division 1 205 206 Division 2 207 208 209 210 211 212 213 214 Chapter 9 Part 2 234 235 236 237 Part 3 238 Part 4 239 240 Part 6 241 242 243 Part 8 246 247 248 249 250 Schedule 1 Appeals Appeals against decisions on what is fair and reasonable Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Making appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals against certain decisions by regulator Who may make an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Making appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of court’s decision on appeal . . . . . . . . . . . . . . . . . . . . . . . Procedure of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General provisions Market code appointments Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electrical regions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extended transmission regulation commencement . . . . . . . . . . . Jurisdictional Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of Freedom of Information Act and Judicial Review Act to State electricity entities Commercial and excluded activities for Act, s 256 . . . . . . . . . . . . Declared State electricity entities Declarations—Act, ss 259A(1) and 299 . . . . . . . . . . . . . . . . . . . . Declarations—Act, s 259A(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Approved industry superannuation scheme . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Electricity Legislation Amendment Regulation (No. 1) 2002 Electric lines installed or operated before 1 October 2002. . . . . . Existing registrations of items of prescribed electrical equipment Existing approvals, notices, decisions and requirements given or made by regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unfinished appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maximum permitted rating of electric motors . . . . . . . . . . . . 120 120 121 121 122 122 122 123 123 123 124 124 124 124 125 125 126 126 126 126 127 127 127 128 128 129
11 Electricity Regulation 1994 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 8 Schedule 9 Other contestable customers . . . . . . . . . . . . . . . . . . . . . . . . . . Special approval holders treated as electricity entities . . . . . Prescribed electrical equipment and relevant standards . . . Review of decisions by the regulator . . . . . . . . . . . . . . . . . . . Appeals against administrative decisions to Magistrates Court ......................................... Appeals against administrative decisions to Industrial Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 132 133 137 139 140 141 145 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information about retrospectivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 150 151 151 152 152 157 205
s 1 13 s 4 Electricity Regulation 1994 Electricity Regulation 1994 [as amended by all amendments that commenced on or before 7 October 2005] Chapter 1 Preliminary 1 Short title This regulation may be cited as the Electricity Regulation 1994 . 2 Definitions The dictionary in schedule 9 defines particular words used in this regulation. 3 Purposes The main purposes of this regulation are to— (a) ensure a secure, efficient and economic supply of electricity to customers on fair and reasonable terms; and (b) ensure customers’ interests are adequately protected; and (c) provide for the proper measurement of the energy efficiency and performance of electrical equipment; and (d) inform the public about the energy efficiency and performance of electrical equipment; and (e) prescribe certain conditions of employment for employees in the GOE industry. 4 How purposes are to be achieved The purposes of this regulation are to be mainly achieved by—
s 5 14 s 6 Electricity Regulation 1994 (a) prescribing standards and procedures for the design, building and maintenance of electric lines and works; and (b) specifying when the obligation to connect and supply a customer does not apply and conditions governing the provision of customer connection services by distribution entities; and (c) specifying when the obligation to provide customer retail services does not apply and conditions governing the provision of customer retail services; and (d) setting standards and procedures for measuring energy efficiency and the performance of electrical equipment; and (e) providing for the registration and labelling of electrical equipment; and (f) providing for continuity of service for leave purposes for employees transferring within the GOE industry; and (g) providing for long service leave and locality allowance entitlements for GOE industry employees; and (h) providing for award conditions and entitlements of employment for State electricity entities and their electricity industry employees. 5 Words have the same meaning as in wiring rules (1) Words and expressions used in the wiring rules have the same respective meanings in this regulation. (2) However, for this regulation, the expression ‘point of supply’ in the wiring rules has the same meaning as ‘consumers terminals’ has in this regulation. 6 Way of describing electrical articles and appliances An electrical article or appliance or type of electrical article or appliance may be described by reference to its model or in any other way.
s 6A 15 Electricity Regulation 1994 s7 Chapter 2 Technical requirements Part 1 Preliminary 6A Application of ch 2 (1) This chapter does not apply to— (a) an electric line or works within the limits of a mine; or (b) petroleum plant. (2) In this section— mine means— (a) a coal mine within the meaning of the Coal Mining Safety and Health Act 1999 ; or (b) a mine within the meaning of the Mining and Quarrying Safety and Health Act 1999. petroleum plant means private plant or an electrical installation subject to inspection under the Petroleum Act 1923 . private plant means generating plant not used by an electricity entity or special approval holder in accordance with an authority or special approval. Part 2 Design, building and maintenance of electric lines and works Division 1 Compliance with part 7 Compliance with this part A person who designs, builds, maintains or operates an electric line or works must ensure that the provisions of this
s 8 16 s 11 Electricity Regulation 1994 part relevant to the line or works are complied with. Maximum penalty—20 penalty units. Division 2 Earthing, frequency and voltage 8 Systems of earthing The system of earthing used by an electricity entity for low voltage supply to customers must be the multiple earthed neutral system, or, if that system is not effective, another suitable system. 9 Standard frequency and voltage (1) Electricity for general supply must be alternating current having a nominal frequency of 50Hz. (2) The standard low voltages for electricity supplied from a 3 phase system must be— (a) between a phase conductor and the neutral conductor—240V; and (b) between 2 phase conductors—415V. (3) The standard low voltages for electricity supplied from a single phase system must be— (a) between a phase conductor and the neutral conductor—240V; or (b) between the phase conductors—480V. 10 Supply at high voltage If an electricity entity agrees with a customer to supply electricity to the customer at high voltage, the agreed voltage is the standard voltage for the supply. 11 Changes of voltage at customer’s consumers terminals (1) Supply of electricity by an electricity entity to a customer must be maintained at the standard voltage.
s 12 17 s 12 Electricity Regulation 1994 (2) Electricity is taken to be maintained at the standard voltage if the voltage at a customer’s consumers terminals is within the allowable margin for the voltage. (3) The allowable margin is— (a) for low voltage—6% more or less than the standard voltage; or (b) for high voltage of 22000V or less—5% more or less than the standard voltage; or (c) for voltage more than 22000V—the margin agreed between the electricity entity and the customer. Division 3 Service lines 12 Service lines on customer’s premises (1) An electricity entity must, in accordance with recognised practice in the electricity industry— (a) decide the route, point of termination, number of phases, lengths, type and size of its service lines; and (b) provide and install or arrange for the provision and installation of its service lines. (2) The electricity entity must meet the cost of providing and installing the service line. (3) However, the maximum length of a service line required to be provided and installed within a customer’s premises by an electricity entity at the electricity entity’s cost is— (a) 20m for an overhead service line; or (b) 7m for an underground service line. (4) A service line must be measured from the customer’s property alignment or, if the line does not cross the property alignment, the point of origin of the service line. (5) However, subsection (1)(b) only applies to the provision and installation of 1 service line to a customer at particular premises, whether before or after the commencement of this regulation.
s 13 18 s 14 Electricity Regulation 1994 (6) The customer must provide and maintain, free of cost to the electricity entity, the facilities the entity reasonably decides are necessary to attach an overhead service line to the customer’s premises or for the entrance, support, protection and termination of an underground service line. Examples of facilities that may be provided by a customer 1 a service riser bracket 2 timber backing for the electricity entity’s ‘J’ hook (7) The customer must provide access for the entity to install, test, maintain or take away its service line without hindrance or obstruction. (8) The customer must pay the reasonable cost of a service line provided other than under subsection (3). Division 4 Maintenance of works 13 Maintenance of works An electricity entity must periodically inspect and maintain its works to ensure they remain in good working order and condition. 14 Clearing and lopping of trees on non-freehold land (1) An electricity entity may clear or lop trees growing on non-freehold land if— (a) it is necessary to do so to build, maintain or operate an electric line or works on the land; and (b) an easement, wayleave or other agreement in relation to the line or works is in place. (2) Subsection (1) applies subject to— (a) the conditions of the easement, wayleave or agreement; and (b) section 15.
s 15 19 s 15 Electricity Regulation 1994 (3) Subsection (1) does not limit any rights an electricity entity has under an agreement with an owner of freehold land in relation to clearing or lopping trees on the land. (4) In this section— clear see Land Act 1994. lop see Land Act 1994 trees see Land Act 1994. Division 5 Works on publicly controlled places 15 Notice to be given to public entity (1) This section applies if an electricity entity intends to take action mentioned in subsection (2) in a publicly controlled place. (2) The action is— (a) opening or breaking up the soil or pavement of the place; or (b) cutting, lopping or removing a tree or other vegetation growing in or over the place, other than for routine maintenance; or (c) opening or breaking up a sewer, drain or tunnel in or under the place; or (d) temporarily stopping or diverting traffic on or from the place; or (e) building a drain, excavation, subway or tunnel in or under the place. (3) The electricity entity must give at least 14 days notice of its intention to the public entity that has control of the publicly controlled place unless the notice is given in accordance with another period of notice agreed between the entities. (4) However, subsection (5) applies if, in the electricity entity’s opinion, there is an emergency in which— (a) there is an actual or a potential danger to persons or property; or
s 16 20 s 17 Electricity Regulation 1994 (b) the supply of electricity to a customer has been interrupted. (5) If this subsection applies, the electricity entity may act under section 101 1 of the Act to remedy a defect, eliminate an actual or potential danger or restore the supply of electricity to a customer, without first giving the notice under subsection (3). (6) If the electricity entity acts under subsection (5), it must give the notice mentioned in subsection (3) as soon as practicable. 16 Electricity entity must comply with public entity’s requirements (1) If an electricity entity goes on a publicly controlled place to take action for which notice must be given under section 15, 2 the public entity that has control of the place may require the electricity entity to act on the days and at the times the public entity reasonably requires. (2) The electricity entity must comply with a reasonable requirement by the public entity under subsection (1). 17 Guarding of work on publicly controlled place (1) An electricity entity that has opened or broken up a publicly controlled place must, at all times while the place is opened or broken up, ensure— (a) it is barricaded and guarded; and (b) signs and lights sufficient for the warning and guidance of traffic (including pedestrians) are set up and maintained against or near the place where it is opened or broken up. (2) If required by the public entity, the electricity entity must also set up and maintain additional warning or protection devices to safeguard the public whether before or during the work. 1 Section 101 (Electricity entity may take action in publicly controlled places to provide electricity etc.) of the Act 2 Section 15 (Notice to be given to public entity)
s 18 21 s 20 Electricity Regulation 1994 18 Restoration of publicly controlled place (1) An electricity entity that has opened or broken up a publicly controlled place must— (a) with all convenient speed, finish the work; and (b) on finishing the work, take away from the place all plant, materials and equipment not built into the work; and (c) restore, as far as practicable, the place where the work was carried out and leave it tidy. (2) The way action under subsection (1) is carried out by or for the electricity entity is as agreed between the electricity entity and the public entity controlling the place and in accordance with reasonable conditions and requirements stated by the public entity. 19 Electricity entity to keep publicly controlled place in good repair after work (1) The electricity entity must keep a publicly controlled place that has been opened or broken up and reinstated by it in good repair— (a) for 3 months after restoring the place; and (b) for up to a further 9 months when the ground continues to subside. (2) The way maintenance work is to be carried out by or for the electricity entity is as agreed between the electricity entity and the public entity that controls the place. 20 Warning signs on roads If an electricity entity or its contractor is building or maintaining an electric line or other works on a road, signs and lights set up and maintained by the entity and its contractor to safeguard the public must be the appropriate official signs under the Transport Operations (Road Use Management) Act 1995 .
s 21 22 s 21 Electricity Regulation 1994 Part 3 Customers’ electrical installations 21 Installation and operation of electric line beyond person’s property (1) A person may install and operate, on a place beyond the person’s property (including on a publicly controlled place), a low voltage electric line forming part of the person’s electrical installation if— (a) the person has consulted with all entities who may have an interest in the proposed location of the electric line; and (b) the entities have stated in writing that they have no objection to the installation or operation of the electric line; and (c) the installation and operation of the electric line is not likely to cause a fire or a person to suffer an electric shock. (2) The entities to be consulted include— (a) the relevant supplier; and (b) for a publicly controlled place—the local government or other entity with responsibility for the place; and (c) for a place other than a publicly controlled place—the owner and each lessee or occupier of the place. (3) The electric line must be installed in accordance with— (a) the wiring rules; and (b) any requirement or condition imposed by an entity consulted. (4) If an electric line forming part of a person’s electrical installation is installed on a place contrary to this section, the regulator may direct the person to take away the electric line, at the person’s expense. (5) If the person does not comply with the direction, the regulator may take away the electric line and recover the cost of the removal from the person as a debt payable to the State.
s 22 23 s 26 Electricity Regulation 1994 (6) A person who complies with subsections (1) to (3) about an electric line does not need an authority or special approval under the Act to install or operate the line. 22 Requirement for circuit-breaker in rural areas If required by the relevant supplier, a customer must ensure the customer’s electrical installation in a rural area has a circuit-breaker as a main switch or a circuit-breaker instead of a fuse as part of the installation. Maximum penalty—20 penalty units. 23 Power factor A customer must comply with any requirement of its supplier directed to the customer under section 33 3 about the power factor of an electrical installation. 24 Prevention of interference by motor installations and associated starting devices A person may only connect a motor installation or associated starting device if it is designed and operated to comply with any requirements of the regulator to prevent interference with supply of electricity to other customers. 25 Interference with supply of electricity A customer must not use electricity or an electrical article so the supply of electricity to other customers of the supplier who supplies the electricity is unreasonably interfered with. 26 Customer’s generating plant for interconnection to supply network (1) A customer must not install generating plant for interconnection with an electricity entity’s supply network without the electricity entity’s agreement. 3 Section 33 (Regulating customer’s use etc. of electricity)
s 27 24 s 27 Electricity Regulation 1994 Maximum penalty—20 penalty units. (2) The agreement must include the conditions for securing safe and stable parallel operation of the supply network and the generating plant. 27 Coordination of customer’s protection devices with electricity entity’s protection system (1) An electricity entity may cause the characteristics of a customer’s protection device to be changed and tested to maintain discrimination between the customer’s protection equipment and the electricity entity’s protection system. (2) The electricity entity may seal the adjusted protection equipment. (3) A person must not unlawfully break or otherwise interfere with the seal. Maximum penalty for subsection (3)—20 penalty units.
s 28 25 s 28 Electricity Regulation 1994 Chapter 3 Electricity supply and sale to customers 4 Part 1 Distribution entities Division 1 Obligations of distribution entities and customers 28 Limits on obligation to provide customer connection services (1) For sections 40(3) and 40E(1)(e) and (i) 5 of the Act, if an event stated in subsection (2) happens the distribution entity— (a) is not obliged to provide customer connection services to the customer; and (b) may disconnect the customer’s premises from a supply network or refuse to connect the premises to the network. (2) Subsection (1) applies if— (a) the customer does not ask for the services in a way approved by the entity; or (b) the customer asks for the services and the entity requires the customer to give the entity evidence of the 4 Under section 20 of the Acts Interpretation Act 1954 (Saving of operation of repealed Act etc.), the amendments to the Act by the Electricity Amendment Act 1997 do not affect a right that accrued under the Act before the amendment. Examples Accrued rights between a customer and an obligated supplier of electricity before the amendments. Special approvals given under this regulation or by the regulator before the amendments. 5 Sections 40 (Connection and supply of electricity in distribution area) and 40E (Limitation on obligation to connect and supply) of the Act
s 28 26 s 28 Electricity Regulation 1994 customer’s correct name and address—the customer does not give the evidence; or (c) the customer applies for the supply of electricity to the premises at a rate more than the maximum capacity of the connection to the entity’s supply network; or (d) the customer does not give the following if required by the entity— (i) a reasonable advance payment for charges for providing the services; (ii) a reasonable security or agreement for security to the entity for performing the customer’s obligations to the entity; or (e) after disconnecting supply under the Act or under a customer connection contract, the entity is not reasonably satisfied the matter that caused the disconnection has been remedied, rectified or fixed; or (f) for supply to premises for which there is an existing agreement with the supplier for supply of electricity— (i) the customer does not agree on similar terms for the rest of the existing agreement; and (ii) the supplier does not otherwise agree; or (g) for supply to premises from an electric line from which another customer is supplied under an agreement with the supplier—the customer does not agree on terms decided by the supplier that, having regard to the other customer’s agreement, are not unfair for both customers; or (h) the customer does not provide and maintain space, equipment, access, facilities or anything else the customer must provide for the services under the Act or a customer connection contract; or Examples of other things under paragraph (h) meters substations connection of service lines
s 29 27 s 29 Electricity Regulation 1994 (i) the customer is not a party to a customer sale contract with a retail entity under which the retail entity provides customer retail services to the customer’s premises; or (j) the obligation to provide customer connection services does not apply under the Act; or (k) the Act allows the entity to disconnect the customer’s premises from a supply network or refuse to connect the premises to the network. (3) Subsection (2)(c) does not apply if the customer pays an amount to the entity for works necessary to increase the maximum capacity to supply the customer at the rate the customer has applied for. (4) The entity must give the customer a reasonable opportunity to pay an amount mentioned in subsection (3). (5) Subsection (1) does not limit— (a) the right to interrupt supply of electricity under a customer connection contract; or (b) a right or obligation to disconnect premises, or refuse to connect or reconnect premises, under a customer connection contract. 29 Notice if services refused (1) This section applies if— (a) a customer or retail entity asks a distribution entity in the approved way for the provision of customer connection services; and (b) the distribution entity decides it does not have an obligation to provide the services. (2) The distribution entity must as soon as practicable after, but within 1 month of, receiving the request give written notice to the customer or retail entity— (a) that the distribution entity does not have an obligation to provide the services; and (b) the reasons for the decision.
s 30 28 s 31 Electricity Regulation 1994 30 Entity may provide services even if no obligation (1) A distribution entity may agree to provide customer connection services to a customer even though it has no obligation to provide them. (2) To remove any doubt, an agreement under subsection (1) is a negotiated customer connection contract. 31 When distribution entity may refuse to connect or may disconnect (1) A distribution entity may refuse to connect or reconnect any premises of a customer to the entity’s supply network if the customer— (a) contravenes the Act or this regulation in relation to the supply of electricity to any premises of the customer; or (b) fails to make a reasonable advance payment for charges for providing customer connection services to any premises of the customer; or (c) fails to pay an amount the customer owes the distribution entity under, or otherwise breaches, any customer connection contract between the customer and the distribution entity; or (d) is a party to a customer sale contract with a retail entity for providing customer retail services to other premises of the customer and the retail entity asks the distribution entity to disconnect the other premises from the distribution entity’s supply network because the customer— (i) contravenes the Act or this regulation in relation to the supply or sale of electricity to the other premises; or (ii) fails to make a reasonable advance payment for charges for providing the customer retail services; or (iii) fails to pay an amount the customer owes the retail entity under, or otherwise breaches, the customer sale contract for the other premises.
s 32 29 s 32 Electricity Regulation 1994 (2) A distribution entity may disconnect a customer’s premises from the entity’s supply network if the customer— (a) contravenes the Act or this regulation in relation to the supply of electricity to the premises; or (b) fails to pay an amount the customer owes the distribution entity under, or otherwise breaches, its customer connection contract with the distribution entity for the premises; or (c) is a party to a customer sale contract with a retail entity for providing customer retail services to the premises and the retail entity asks the distribution entity to disconnect the premises because the customer— (i) contravenes the Act or this regulation in relation to the supply or sale of electricity to the premises; or (ii) fails to pay an amount the customer owes the retail entity under, or otherwise breaches, its customer sale contract with the retail entity for the premises. (3) However, the distribution entity may only disconnect if any condition under the customer connection contract or customer sale contract for disconnection has been complied with. Example of a condition A requirement in the customer connection contract or customer sale contract for the distribution entity to give notice of its intention to disconnect under subsection (2). (4) This section does not limit— (a) a right to interrupt supply of electricity under a customer connection contract; or (b) a right or obligation to disconnect premises, or refuse to connect or reconnect premises, under a customer connection contract. 32 Customer’s liability for customer connection services (1) A customer must pay the distribution entity for providing customer connection services to the customer’s premises under the customer’s customer connection contract with the entity until—
s 33 30 s 33 Electricity Regulation 1994 (a) supply is disconnected by the distribution entity; or (b) the end of 2 business days after the customer gives the entity notice that supply is no longer needed; or (c) electricity is supplied to the premises by arrangement with another customer. (2) The obligation under subsection (1) includes an obligation to make minimum payments under the contract. (3) However, subsection (1) does not apply if the customer and the entity otherwise agree. 33 Regulating customer’s use etc. of electricity (1) This section applies if, in the distribution entity’s opinion— (a) the use or intended use of an electrical article by a customer unreasonably interferes, or is likely to unreasonably interfere, with the entity’s supply of electricity to other customers; or (b) a customer uses or deals with electricity so the supply of electricity to other customers is, or is likely to be, unreasonably interfered with; or (c) a customer’s motor installation or associated starting device interferes, or is likely to interfere, with supply of electricity to other customers; or (d) it is necessary to regulate the power factor of a customer’s electrical installation. (2) The entity may, by written notice to the customer, require the customer to— (a) regulate the use of the electrical article; or (b) use or deal with electricity supplied in a stated way; or (c) ensure a motor installation or starting device connected to a source of electricity supply complies with the requirements of the regulator under section 24; 6 or 6 Section 24 (Prevention of interference by motor installations and associated starting devices)
s 34 31 s 35 Electricity Regulation 1994 (d) ensure the power factor of an electrical installation measured over any 30 minutes at the customer’s consumers terminals— (i) is at least 0.8 lagging; and (ii) is not a leading power factor unless the entity agrees. (3) The notice must state— (a) when it must be complied with; and (b) that the customer may apply to the regulator to review the decision. 34 Action if notice not complied with If a customer does not comply with a notice under section 33, the distribution entity may— (a) refuse to provide customer connection services to the customer’s electrical installation until the customer complies with the notice; or (b) if the customer agrees to comply with the entity’s requirements—provide the service. 35 Providing metering information to retail entity If a retail entity asks, a distribution entity must promptly provide the retail entity with meter data information for mutual customers.
s 36 32 s 38 Electricity Regulation 1994 Division 2 Meter and control apparatus requirements if customer is non-contestable for premises 36 Application of div 2 This division applies to the supply of electricity to a premises of a customer, other than the supply to a premises for which the customer is a contestable customer. 7 37 Entity must provide meter and control apparatus The distribution entity must provide, install and maintain the following equipment for supply of electricity to a customer unless the entity and the customer otherwise agree— (a) a meter (other than the base of a plug-in meter) used or to be used to measure or record electricity supplied by the entity to the customer; (b) control apparatus (other than a meter), that the entity considers necessary. Maximum penalty—20 penalty units. 38 Customer to change electrical installation for meter connection A distribution entity may require a customer to make changes to the customer’s electrical installation necessary to allow connection of the entity’s meter to measure consumption of electricity. 7 For the supply to a premises for which a customer is a contestable customer, see section 107 (Customer’s metering obligation).
s 39 33 s 42 Electricity Regulation 1994 39 Customer to provide links connecting meters to incoming supply (1) If a distribution entity requires, a customer must provide suitable links for connecting more than 1 meter to an incoming supply. (2) The distribution entity may seal the links. 40 No breaking or interfering with meter seal or control apparatus A person must not break or interfere with a seal on a meter or control apparatus or links provided under an agreement with a distribution entity unless the entity permits the person to do so. Maximum penalty—20 penalty units. 41 Placing meter or control apparatus on customer’s premises (1) A customer must, at the customer’s expense— (a) provide on the customer’s premises space, housing, mounting and connecting facilities for each meter and control apparatus provided under an agreement with a distribution entity; and (b) maintain the facilities in a safe and sound condition. (2) The facilities must be in a position that meets the entity’s reasonable requirements. 42 Change of placement if building changes or works (1) This section applies if the position of a meter or control apparatus no longer meets the distribution entity’s requirements because of building changes or similar works. (2) The customer must, at the customer’s expense— (a) provide space, housing, mounting and connecting facilities in another position on the customer’s premises that meets the entity’s reasonable requirements; and (b) relocate the meter and control apparatus to the position.
s 43 34 s 44 Electricity Regulation 1994 43 Matters that may be considered for placement In deciding placement of a meter or control apparatus the distribution entity may consider— (a) safe access; and (b) protection against damage from— (i) mechanisms; or (ii) vibration; or (iii) the effects of weather; or (iv) corrosive atmosphere. 44 Customers to provide safe access (1) This section applies if a customer does not provide safe access to read a meter and install, test, maintain or take away the supplier’s works without hindrance or obstruction to— (a) the distribution entity; or (b) an electricity officer of the entity; or (c) a person authorised by the entity. (2) The entity may, by written notice to the customer, require the customer to provide the access within a stated period of a least 1 month. (3) If the customer does not comply with the notice, the entity may— (a) install alternative metering or other equipment to enable the consumption of electricity to be measured by remote or other suitable ways; or (b) disconnect supply of electricity to the customer’s premises and refuse to reconnect supply until the customer provides safe access. (4) Subsection (3)(b) does not limit another remedy the entity has against the customer. (5) The entity’s costs reasonably incurred in acting under subsection (3) are a debt payable by the customer to the entity and may be recovered in a court of competent jurisdiction.
s 45 35 s 46 Electricity Regulation 1994 45 Meter accuracy test at customer’s request (1) A customer may ask the retail entity for the accuracy of the distribution entity’s meter installed on the customer’s premises to be tested. (2) The retail entity may require the request to be written. (3) The retail entity may require the customer to pay to the retail entity before testing— (a) a charge for electricity or another amount owing by the customer to the retail entity for customer retail services; and (b) the prescribed test fee for each meter to be tested. (4) On receipt of the request and any payment required under subsection (3), the retail entity must— (a) ask the distribution entity to test the accuracy of the distribution entity’s meter installed on the customer’s premises; and (b) pay to the distribution entity the amount of any prescribed test fee for the test. (5) The meter must be tested where it is installed. (6) However, for high voltage or current transformer metering, the meter may be taken away for testing at a place decided by the distribution entity. (7) The distribution entity must advise the retail entity when and where the test is to be performed. (8) The retail entity must advise the customer when and where the test is to be performed. (9) The customer or retail entity, or that person’s nominee, may be present during the test. 46 When meter taken to register accurately (1) A meter measuring consumption of electricity supplied to a customer registers incorrectly only if it registers outside the prescribed margin of the correct amount of electricity supplied, whether greater or less. (2) The prescribed margin is 2.5%.
s 47 36 s 50 Electricity Regulation 1994 47 Extent of inaccuracy If a properly conducted test shows a meter registers incorrectly, the meter is taken to be registering incorrectly to the extent to which the registration falls outside the prescribed margin. 48 Report about test results (1) If a meter is tested under section 45, the distribution entity must give written notice to the retail entity of the test results as soon as possible. (2) The retail entity must give a written notice to its customer of the test results as soon as possible after it receives the results. (3) If the test shows the meter is registering incorrectly, the notice must state the extent to which the registration falls outside the prescribed margin. 49 Refund and adjustment if inaccuracy (1) If a test under section 45 shows the meter is registering incorrectly, the distribution entity must— (a) refund to the retail entity the amount paid by the retail entity under section 45(4)(b) for the test; and (b) adjust the previous relevant accounts for customer connection services to reflect the actual or a reasonable estimation of the electricity supplied to the customer. (2) The retail entity must— (a) refund to the customer any prescribed test fee paid by the customer for the test; and (b) adjust the previous relevant accounts for customer retail services to reflect the actual or a reasonable estimation of the electricity supplied to the customer. 50 Referral of tested meter to regulator (1) This section applies if the customer receives the results of a test on a meter from a retail entity under section 48.
s 51 37 s 52 Electricity Regulation 1994 (2) The customer may by written notice within 7 days require the retail entity to refer the issue to the regulator for an inspection and test of the meter by a competent person ( competent person ) who is not an employee of the distribution entity. (3) The customer must pay the prescribed fee to the retail entity before the inspection and test. (4) On receiving the notice and prescribed fee, the retail entity— (a) must refer the issue and give the fee to the regulator; and (b) must advise the distribution entity of the referral. (5) The distribution entity must not interfere with the meter until the inspection and test by the competent person is finished. 51 Inspection and test after referral (1) On referral of an issue under section 50 and receipt of the prescribed fee, the regulator must— (a) arrange for a competent person to inspect and test the meter; and (b) give written notice of the test results to the retail entity, distribution entity and customer. (2) The retail entity must give a written notice to its customer of the test results as soon as possible after it receives the results. (3) If the test shows the meter is registering incorrectly, the notice must state the extent to which the registration falls outside the prescribed margin. 52 Refund and adjustment after test under s 51 (1) If a test under section 51 shows the meter is registering incorrectly by a margin substantially greater than the original test showed, the distribution entity must— (a) refund to the retail entity the amount of any prescribed test fee paid by the customer under section 45 for the original test that is not already refunded; and (b) refund to the retail entity the amount of the prescribed fee paid by the customer under section 50 for inspecting and testing the meter; and
s 53 38 s 54 Electricity Regulation 1994 (c) adjust the previous relevant accounts for customer connection services to reflect the actual or a reasonable estimation of the electricity supplied to the customer. (2) If a test under section 51 shows the meter is registering incorrectly by a margin substantially greater than the original test showed, the retail entity must— (a) refund to the customer the amount of any test fee paid by the customer under section 45 for the original test that is not already refunded; and (b) refund to the customer the amount of the prescribed fee paid by the customer under section 50 for inspecting and testing the meter; and (c) adjust the previous relevant accounts for customer retail services to reflect the actual or a reasonable estimation of the electricity supplied to the customer. 53 Using testing instruments (1) A distribution entity or competent person who uses a testing instrument for a test under this division must ensure the instrument is— (a) appropriate for the test; and (b) tested each year to ensure it is accurate and in proper working order. (2) The entity or person must keep a record of each test under subsection (1)(b) for at least 2 years. Division 3 Substations on customers’ premises 54 Application of div 3 (1) This division applies if the supply of electricity required by customers in premises is more than, or is reasonably estimated by the distribution entity to be more than, a total maximum demand of 100kV.A worked out under the wiring rules.
s 55 39 s 56 Electricity Regulation 1994 (2) This division also applies to supply of electricity to customers in premises if the regulator, in special circumstances, approves its application. 55 Meaning of owner in div 3 In this division— owner , of premises, includes a person who is the proprietor, lessee or occupier of the premises or part of the premises. 56 Owner to provide space for substation (1) This section applies if, to meet an existing or likely demand for supply of electricity by customers who are, or in the future may be, in premises, the distribution entity reasonably considers it is necessary to install a substation on the premises. (2) The entity may require the owner of the premises to— (a) provide, free of cost to the entity, the space for a substation; and (b) give a right of way to the entity for its electric lines and cables to and from the substation; and (c) provide to the entity, or persons authorised by it, access to the entity’s equipment on the premises at all times to allow the entity to install, maintain or take away its equipment without hindrance or obstruction. (3) The owner must also provide permanent handling facilities, segregated access passageways or ventilating ducts if they are needed because of the location the owner proposes to provide for the substation. (4) An owner who provides space for a substation under this section must— (a) maintain the floor or foundation, walls or enclosure, ceiling and access door of the space in sound condition; and (b) repair damage to or deterioration of the space, other than damage or deterioration directly attributable to the use of the space by the entity.
s 57 40 s 57 Electricity Regulation 1994 (5) Repairs must be done within the time and to the extent reasonably directed by the entity. (6) If the owner does not comply with subsection (4), the entity may— (a) do anything necessary to carry out the maintenance or repair; and (b) recover the reasonable cost from the owner as a debt owing to the distribution entity in a court of competent jurisdiction. (7) In this section— space , for a substation, means— (a) necessary or suitable floor or foundation, walls or enclosure, ceiling and access doors in the part of the premises where the substation is to be located and installed, with the walls or enclosure, ceiling and access doors being suitably painted; and (b) necessary or suitable places for entry and exit of electric lines and cables for the substation; and (c) if required by the distribution entity—suitable lighting and general power outlets. 57 Supply to other customers from substation (1) A distribution entity may only use an electric line or equipment installed by it on premises under this division for providing customer connection service to customers not within the premises if the owner of the premises agrees. (2) An agreement under subsection (1) or the repealed Electricity Act 1976 , section 173 8 remains in force while electricity is supplied and consumed or required in the premises of the owner irrespective of change in maximum demand by the customers in the premises. (3) The agreement may be changed by agreement between its parties. 8 Repealed Electricity Act 1976 , section 173 (Substations on consumers’ premises)
s 58 41 s 62 Electricity Regulation 1994 58 Limitation of compensation Unless agreed between the owner and distribution entity, an owner of premises for a substation is not entitled to compensation from the distribution entity for— (a) the installation of the substation; or (b) complying with a requirement under section 56; 9 or (c) carrying out an obligation imposed on the owner under section 56. 59 Taking away distribution entity’s equipment If supply of electricity to an owner’s premises is no longer needed, the distribution entity must take away, at its own cost, its electric lines, cables and equipment from the premises if the owner asks. Division 4 What is not unfair or unreasonable 60 Differing methods of charging The mere use by a distribution entity, of differing methods of charging for the provision of customer connection services to different customers is not unfair or unreasonable. 61 Negotiated customer connection contracts The mere making of, or compliance with, a negotiated customer connection contract by a distribution entity is not unfair or unreasonable. 62 Differing security (1) The mere requiring of differing security by a distribution entity is not unfair or unreasonable. (2) In subsection (1)— 9 Section 56 (Owner to provide space for substation)
s 63 42 s 63 Electricity Regulation 1994 differing security means an agreement, advance payment or amount as security for performance of the customer’s obligations to the entity under a customer connection contract that is— (a) different to an agreement, payment or security the entity requires of another customer; and (b) not manifestly unfair to the customer. 63 Different terms that are reasonable (1) This section applies if a distribution entity provides customer connection services on different terms to different customers or types of customers. (2) The mere imposition of the different terms is not unfair or unreasonable if— (a) the circumstances required for providing the services are different; and (b) the terms reasonably reflect the impact on the entity of the— (i) differences between the customers or types of customers; or (ii) different circumstances; or (iii) provisions of the Act, this regulation or any code that applies. Examples of different circumstances the different nature of the plant or equipment required to provide the services different geographical and electrical locations of the relevant connections different periods for which the services are to be provided the electricity supply capacity required to provide the services the characteristics of the relevant load or generation the performance characteristics at which the services are to be provided
s 64 43 s 64 Electricity Regulation 1994 Part 2 Retail entities Division 1 Obligations of retail entities and customers 64 Limits on obligation to provide customer retail services (1) For sections 49(3) and 53(c) 10 of the Act, a retail entity is not obliged to provide customer retail services to a customer if— (a) the customer does not ask for the provision of the services in a way approved by the retail entity; or (b) the customer asks for the services and the entity requires the customer to give the entity evidence of the customer’s correct name and address—the customer does not give the evidence; or (c) the customer does not give the following if required by the entity— (i) a reasonable advance payment for charges for providing the services; (ii) a reasonable security or agreement for security to the entity for performing the customer’s obligations to the entity; or (d) for customer retail services to premises for which there is an existing negotiated contract with the entity for customer retail services— (i) the customer does not agree on similar terms for the rest of the existing agreement; and (ii) the supplier does not otherwise agree; or (e) the customer does not provide and maintain space, equipment, access, facilities or anything else the customer must provide for the services under the Act or a customer sale contract; or 10 Sections 49 (Obligation to provide customer retail services to non-contestable customers) and 53 (Limitations on obligation to sell) of the Act
s 65 44 s 65 Electricity Regulation 1994 Examples of other things under paragraph (e) meters substations connection of service lines (f) the entity does not provide for the connection and supply of electricity to the customer’s premises—a customer connection contract is not in force with a distribution entity under which the distribution entity provides customer connection services to the customer’s premises; or (g) the entity provides for the connection and supply of electricity to the customer’s premises and the distribution entity— (i) is not obliged to provide customer connection services to a customer; and (ii) may disconnect the customer’s premises from a supply network or refuse to connect the premises to the network; or (h) the Act allows the entity not to provide customer retail services. (2) Subsection (1) does not limit— (a) a right to interrupt supply of electricity as agreed in a customer sale contract; or (b) a right or obligation to— (i) disconnect premises, or refuse to connect or reconnect premises under a customer sale contract; or (ii) refuse to provide customer retail services under a customer sale contract. 65 Notice if services refused (1) This section applies if— (a) a customer asks a retail entity in the approved way for the provision of customer retail services; and
s 66 45 s 67 Electricity Regulation 1994 (b) the entity decides it does not have an obligation to provide the services. (2) The retail entity must as soon as practicable after, but within 1 month of, receiving the request give written notice to the customer— (a) that the retail entity does not have an obligation to provide the services; and (b) the reasons for the decision. 66 Entity may supply even if no obligation (1) A retail entity may agree to provide customer retail services to a customer even though it has no obligation to provide them. (2) To remove any doubt, a contract referred to in subsection (1) is a negotiated customer sale contract. 67 When retail entity is not obliged to provide customer retail services (1) A retail entity is not under an obligation to provide customer retail services to premises of a customer if the customer— (a) contravenes the Act or this regulation in relation to the supply or sale of electricity to any premises of the customer; or (b) fails to make a reasonable advance payment for charges for providing customer retail services to any premises of the customer; or (c) fails to pay an amount the customer owes the retail entity under, or otherwise breaches, any customer sale contract between the customer and the retail entity. (2) If subsection (1) applies, the retail entity may ask its distribution entity to refuse to connect or reconnect any premises of the customer to the distribution entity’s supply network. (3) Also, if there is a customer sale contract between a customer and a retail entity for a premises of the customer, the retail entity is not under an obligation to continue to provide customer retail services to the premises if the customer—
s 68 46 s 68 Electricity Regulation 1994 (a) contravenes the Act or this regulation in relation to the supply or sale of electricity to the premises; or (b) fails to pay an amount the customer owes the retail entity under, or otherwise breaches, the customer’s customer sale contract with the retail entity for the premises. (4) If subsection (3) applies, the retail entity may ask its distribution entity to disconnect the customer’s premises from the distribution entity’s supply network. (5) However, the distribution entity may only disconnect if any condition under the customer sale contract for disconnection has been complied with. Example of a condition A requirement in the customer sale contract for the retail entity to give notice of its intention to ask the distribution entity to disconnect under subsection (4). (6) This section does not limit— (a) a right to interrupt supply of electricity under a customer sale contract; or (b) a right or obligation to— (i) disconnect premises, or refuse to connect or reconnect premises, under a customer sale contract; or (ii) refuse to provide customer retail services under a customer sale contract. 68 Customer’s liability for customer retail services (1) A customer must pay the retail entity for electricity sold to the customer’s premises under the customer’s customer sale contract with the entity until— (a) supply is disconnected by the distribution entity; or (b) the end of 2 business days after the customer gives the entity notice that supply is no longer needed; or (c) electricity is supplied to the premises by arrangement with another customer.
s 69 47 s 70 Electricity Regulation 1994 (2) The obligation under subsection (1) includes an obligation to make minimum payments under the contract. (3) However, subsection (1) does not apply if the customer and the entity otherwise agree. Division 2 Obligations of host retail entities and customers 69 Application of div 2 This division applies if, under the Market Code, clause 3.15.21(c), 11 NEMMCO suspends a retail entity from trading. 69A Corporations legislation displacement provision for div 2 This division is declared to be a Corporations legislation displacement provision for the purposes of the Corporations Act, section 5G, in relation to the Corporations Act, chapter 5. 12 70 Statutory customer sale contract On the suspension, each of the suspended retail entity’s affected customers is taken to have entered into a customer sale contract with the host retail entity for— (a) the sale of electricity to the affected customer’s premises in the host retail entity’s retail area; and (b) if the affected customer has not entered into a customer connection contract with a distribution entity for the premises— (i) the connection of the premises to a supply network to allow the supply of electricity from the supply network to the premises; and 11 Market Code, clause 3.15.21 (Payment default procedure) 12 Corporations Act, chapter 5 (External administration)
s 71 48 s 71 Electricity Regulation 1994 (ii) the supply of electricity from the supply network to the premises. 71 Terms of statutory customer sale contract (1) The terms of the statutory customer sale contract are taken to be each of the following— (a) the price payable by the affected customer to the host retail entity for the customer retail services mentioned in section 70(a) is the regional reference price for the region in which the premises are located, as adjusted for any loss factors applying to the region; (b) the charges payable by the affected customer to the host retail entity for the customer retail services mentioned in section 70(b) are the charges— (i) decided by the host retail entity; and (ii) not exceeding the charges payable by the host retail entity to the local distribution or transmission entity for providing the services to the affected customer; (c) the charges payable by the affected customer to the host retail entity for customer retail services also include the charges decided by the host retail entity as a reasonable apportionment, on a cost recovery basis, of the fees and charges payable by the host retail entity to a code participant or another entity under the Market Code; Example of fees and charges payable by the host retail entity for paragraph (c) ancillary services fees, participant fees and fees relating to metering services, metering data and spot market transactions, within the meaning of the Market Code (d) the host retail entity must bill the affected customer for amounts payable by the customer to the entity for customer retail services— (i) on a quarterly basis; or (ii) on the basis of a shorter period decided by the entity;
s 71 49 s 71 Electricity Regulation 1994 (e) the affected customer must pay amounts for which the customer has been billed under paragraph (d) no later than the date stated in the bill as the date for payment; (f) the affected customer, if required by written notice given by the host retail entity to the customer, must, within the period stated in the notice, give an amount (a security deposit ) to the entity as security for amounts payable by the customer to the entity; (g) for paragraph (f), the security deposit is the amount, decided by the host retail entity, that is not more than the amount worked out using the following formula— EMA x 2.6 where— EMA means the average amount, reasonably estimated by the host retail entity, as payable by the affected customer to the host retail entity under the contract for a month; (h) the affected customer must, as soon as possible after a following change happens, inform the host retail entity of the change— (i) a change to the customer’s contact details; (ii) a change to the purpose for which the customer’s premises are used; (iii) a change adversely affecting access to a meter on the customer’s premises; (iv) a proposed change to an electrical article or electrical line at the customer’s premises, including a proposed change to the operation of an electrical article, that may affect the quality or safety of the supply of electricity to the customer or another person; (v) a permanent change materially affecting the electrical load at the customer’s premises.
s 72 50 s 73 Electricity Regulation 1994 (2) In this section— regional reference price see the Market Code, chapter 10. 13 72 Other provisions about statutory customer sale contract (1) The statutory customer sale contract takes effect as a deed. (2) The statutory customer sale contract is taken to end if— (a) under section 73, the affected customer and the host retail entity, or the affected customer and another retail entity, enter into a customer sale contract for the premises covered by the statutory customer sale contract; or (b) the supply of electricity to the affected customer’s premises is disconnected under the Act. (3) The ending of the statutory customer sale contract does not affect a right or obligation that accrued to the host retail entity or affected customer under the contract before, or because, it ended. Example The customer is obliged to pay the host retail entity for services provided under the statutory customer sale contract up to the end of the contract. (4) The host retail entity and affected customer are each taken to have agreed to comply with the provisions of the contract, in effect for the time being, so far as the provisions apply to the party. 73 Contract outside statutory customer sale contract (1) Despite section 71, the affected customer and the host retail entity, or the affected customer and another retail entity, may contract on terms different from the terms of the host retail entity’s standard customer sale contract for provision of the customer retail services mentioned in the section. 13 Market Code, chapter 10 (Glossary)— regional reference price Spot price at the regional reference node .
s 74 51 s 75 Electricity Regulation 1994 (2) The affected customer need not give notice to the host retail entity before entering into a contract with another retail entity under subsection (1). (3) A contract entered into under subsection (1) must not be inconsistent with the Act and is unenforceable to the extent that it is. 74 Customer’s liability to suspended retail entity for customer retail services provided after suspension (1) This section applies to customer retail services provided to the affected customer’s premises after the suspended retail entity is suspended. (2) The affected customer is not liable for payment to any of the following entities for the services— (a) the suspended retail entity; (b) an insolvency official for the suspended retail entity. (3) A customer sale contract entered into, or taken to have been entered into, between the affected customer and the suspended retail entity is unenforceable to the extent it is inconsistent with this section. 75 Giving necessary consents, details etc. (1) The objects of this section are— (a) to allow NEMMCO to transfer the suspended retail entity’s affected customers from the suspended retail entity to the host retail entity without delay under NEMMCO’s market administration systems ( systems ); and (b) to assist the prompt and effective continuation of electricity supply to the affected customers; and (c) the ensure the host retail entity obtains details about each affected customer that is necessary for— (i) performing its obligations to the customer under the statutory customer sale contract; and
s 75 52 s 75 Electricity Regulation 1994 (ii) obtaining payment from the customer for amounts payable by the customer to the entity under the contract. (2) On the suspension of the suspended retail entity, each relevant person is taken to have— (a) given any approval, authorisation or consent; and (b) signed any document; and (c) complied with any procedure; required by NEMMCO under its systems to achieve the objects. (3) On the suspension, the host retail entity, by written notice given to a relevant person mentioned in subsection (8)(b) to (e), may require the relevant person to give to the retail entity the information— (a) mentioned in subsection (4) about all or any of the affected customers; and (b) held by the relevant person or within the relevant person’s knowledge. (4) A requirement under subsection (3) may be made about all or any of the following information— (a) the customer’s name and address to which bills for customer retail services are to be sent; (b) the national metering identifier issued under the Market Code 14 for the metering installation relating to the customer’s premises; (c) the name and contact details of the metering provider and operator of an agency metering database, within the meaning of the Market Code, having responsibilities under the Market Code in relation to the customer’s premises; (d) the address of the customer’s premises to which electricity is to be supplied; (e) the purpose for which the customer’s premises are used; 14 See the Market Code, clause 7.3.1 (Metering installation components).
s 75 53 s 75 Electricity Regulation 1994 (f) the average monthly consumption of electricity, based on the immediately preceding 12 months, at the customer’s premises; (g) the applicable loss factors and charges payable by the host retail entity to the local distribution entity and transmission entity for providing customer retail services mentioned in section 70(b) for the affected customer’s premises. (5) The notice must state the day, that is at least 10 business days after the notice is given, by which the relevant person must give the information. (6) The relevant person must comply with the notice. Maximum penalty—20 penalty units. (7) The host retail entity— (a) must use the information only for the purpose for which it was given; and (b) must not disclose the information to any other person, other than for the purpose for which it was given, unless the affected person consents to the disclosure or the host retail entity is otherwise required or permitted by law to make the disclosure. Maximum penalty—20 penalty units. (8) In this section— relevant person means any of the following— (a) the host retail entity; (b) the suspended retail entity; (c) an affected customer of the suspended retail entity; (d) a transmission entity for an affected customer; (e) a distribution entity for an affected customer; (f) if an insolvency official is appointed for the suspended retail entity—the insolvency official.
s 76 54 s 79 Electricity Regulation 1994 Division 3 What is not unfair or unreasonable 76 Differing methods of charging The mere use by a retail entity of differing methods of charging for the provision of customer retail services to different customers is not unfair or unreasonable. 77 Negotiated customer sale contracts The mere making of, or compliance with, a negotiated customer sale contract by a retail entity is not unfair or unreasonable. 78 Differing security (1) The mere requiring of differing security by a retail entity is not unfair or unreasonable. (2) In subsection (1)— differing security means an agreement, advance payment or amount as security for performance of the customer’s obligations to the entity under a customer sale contract that is— (a) different to an agreement, payment or security the entity requires of another customer; and (b) not manifestly unfair to the customer. 79 Different terms that are reasonable (1) This section applies if a retail entity provides customer retail services on different terms to different customers or types of customers. (2) The mere imposition of the different terms is not unfair or unreasonable if— (a) the circumstances required for providing the services are different; and (b) the terms reasonably reflect the impact on the entity of the—
s 79A 55 Electricity Regulation 1994 s 80 (i) differences between the customers or types of customers; or (ii) different circumstances; or (iii) provisions of the Act, this regulation or any code that applies. Examples of different circumstances the quantities of electricity purchased by the customers or types of customers the geographical location of the customers or types of customers the periods for which the services are to be provided if the services include arranging for customer connection services—any of the matters referred to in section 63 that are relevant to the provision of the services Part 2A Approved industry code 79A Approved industry code The Electricity Industry Code made by the regulator on 9 December 2004 is approved. Part 3 Disputes about what is fair and reasonable 80 Dispute resolution (1) This section applies if— (a) the Act or this regulation requires an electricity entity to do something on fair and reasonable terms or on a fair and reasonable basis; and (b) there is a dispute about fairness or reasonableness; and
s 81 56 s 81 Electricity Regulation 1994 (c) the dispute is not an access dispute under the Queensland Competition Authority Act 1997 , section 112(2). 15 (2) A party to the dispute may ask the regulator to resolve the dispute. (3) The regulator may— (a) give instructions about procedures the parties must follow to attempt to resolve the dispute before the regulator takes steps to resolve it; or (b) require a party to give the regulator information the regulator considers necessary to enable the dispute to be resolved. (4) The regulator must give each party a reasonable opportunity to make representations before making the decision. (5) After considering any representations, the regulator must decide the issue in dispute. (6) The regulator must inform the parties of the decision by written notice stating the following— (a) the decision; (b) the reasons for the decision; (c) that either party may appeal against the decision to the District Court within 28 days. 81 Regulator may seek advice or information (1) This section applies if, under section 80(2), the regulator has been asked to resolve a dispute. (2) To help resolve the dispute, the regulator may seek advice or information from any other person. (3) The regulator may take the advice or information into account in resolving the dispute. 15 Queensland Competition Authority Act 1997 , section 112 (Giving dispute notice)
s 82 57 s 83 Electricity Regulation 1994 (4) If the regulator seeks information or advice or takes into account advice or information the regulator has been given for any other dispute, the regulator must— (a) if the advice or information is written—give a copy of it to the parties; or (b) if the advice or information is oral—disclose the substance of the advice to the parties. 82 Parties to maintain secrecy of advice or information (1) This section applies if under section 81(4) the regulator gives advice or information, or discloses the substance of advice or information, to a person who is a party to the dispute. (2) The person must not disclose the advice or information to another person unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (3) It is a reasonable excuse for a person to disclose the advice or information if the disclosure is for— (a) the resolution of the dispute; or (b) an appeal against the regulator’s decision on the dispute. Part 4 Financial arrangements about supply and sale 83 Methods of charging for electricity An electricity entity may use methods of charging for electricity supplied or sold by the entity to customers the entity considers appropriate, including, for example— (a) giving an account based on meter readings; or (b) giving an assessed account; or (c) giving an estimated account; or (d) payment in advance by using a credit meter.
s 84 58 s 88 Electricity Regulation 1994 84 Meters must be read annually Each electricity entity must ensure each meter recording each of its customer’s consumption of electricity is read at least once each year. Part 5 Electricity restrictions Division 1 Preliminary 85 Purpose of pt 5 The purpose of this part is ensure a regular, economically efficient and constant supply of electricity within the available supply capacity of certain supply networks, or parts of them. 16 Division 2 Restrictions in Ergon Energy distribution area 87 Where restrictions apply The electricity restrictions in section 88 apply to electricity supplied by Ergon Energy in the localities mentioned in schedule 1 through its supply network. 88 Restrictions (1) The use of the following electrical articles by customers is prohibited— (a) electric motors with a rating greater than— (i) the rating stated for the relevant locality in schedule 1; and 16 Section 123 of the Act provides—‘An electricity restriction regulation expires 5 years after the day on which it is made unless it is earlier repealed.’.
s 88 59 s 88 Electricity Regulation 1994 (ii) if the motor is not installed and operated in accordance with the guidelines published by Ergon Energy—1.5kW; 17 (b) instantaneous water heaters with a rating of more than 2.4kW; (c) welding power sources. (2) Subsection (1) does not apply— (a) to the following welding power sources— (i) 415V, 3 phase input light industrial welding power sources; (ii) 250V, single phase limited input welding power sources; or (b) to electric motors that are part of a public water supply system or a community sewerage system installed and operated in the way required by the corporation; or (c) to electrical articles at Mapoon installed before 1 December 1998; or (d) if the customer satisfies the corporation, by the written advice of a doctor, that a stated electrical article must be used to reduce a threat to a person’s life. (3) In this section— instantaneous water heater means an instantaneous water heater described in AS/NZS 3350.2.35:1999 Safety of household and similar electrical appliances—Part 2.35—Particular requirements— Instantaneous water heaters. welding power source means a welding power source described in AS1966.1—1985 Electric arc welding power sources— Part 1—Transformer type. 17 Ergon Energy’s ‘Guidelines for Connection of Electrical Installations at Isolated Systems’ are available from the Ergon Energy offices at 109 Lake Street, Cairns, 34 Dalrymple Road, Garbutt, Townsville and the corner of Fitzroy Street and Alma Street, Rockhampton.
s 91 60 s 92 Electricity Regulation 1994 Part 6 Contestable customers Division 1 General declarations Subdivision 1 Preliminary 91 Definitions for div 1 In this division— lot includes a parcel of land. registered owner , of a lot, means— (a) the person recorded in the freehold land register under the Land Title Act 1994 as the person entitled to the fee simple interest in the lot; or (b) a lessee (other than a sublessee), licensee (other than a sublicencee) or permittee of the lot under the Land Act 1994 . relevant distribution entity , for single premises, means the distribution entity in whose distribution area the premises are located. 92 Meaning of single premises (1) In this division, a single premises , of a customer, means any of the following if owned or occupied by the customer and used by the customer for the same business or enterprise— (a) the whole of any single building or structure; (b) a part of any single building or structure; (c) 2 or more adjoining parts of any single building or structure; (d) the whole of 2 or more buildings or structures that are on— (i) the same lot of land; or (ii) 2 or more adjoining lots of land.
s 93 61 s 93 Electricity Regulation 1994 (2) In this section— same business or enterprise means a business or enterprise carried out under the same name, other than a business or enterprise made up of parts carried out under different names. Subdivision 2 Declarations 93 Declaration as contestable customer (1) A customer is declared to be a contestable customer for the supply of electricity to any single premises of the customer if— (a) the customer— (i) has certification for the premises under section 99(1); or (ii) is, under section 103(7), taken to have the certification; and (b) the customer— (i) has entered into a negotiated customer sale contract with a retail entity for the supply of electricity to the premises; or (ii) is, under the Market Code, chapter 2, 18 registered as a ‘Market Participant’ under the category ‘Market Customer’. (2) The declaration takes effect on the later of the following— (a) if subsection (1)(b)(i) applies—the time immediately before the time for the supply of electricity to the premises to start under the contract; 18 Market Code, chapter 2 (Code participants and registration)
s 94 62 s 95 Electricity Regulation 1994 (b) if subsection (1)(b)(ii) applies—the time for the customer to start taking supply as a ‘Market Customer’ under the Market Code; 19 94 New or replacement single premises of same registered owner (1) This section applies if— (a) under section 93, a customer is declared to be a contestable customer for the supply of electricity to a single premises (the original premises ) of the customer; and (b) the customer is the registered owner of the lot or all of the lots that the original premises are on. (2) The customer is also declared to be a contestable customer for the supply of electricity to— (a) a single premises on the lot or lots that replaces, or substantially replaces, the original premises; and (b) any other single premises on the lot or lots, other than a premises— (i) that existed before the declaration took effect; and (ii) for which the customer was not declared to be a contestable customer under the declaration. 95 Subsequent registered owner (1) This section applies if— (a) under section 93, a customer (the original customer ) is declared to be a contestable customer for the supply of electricity to a single premises of the customer; and (b) the customer was, when the declaration took effect, the registered owner of the lot or all of the lots that the single premises are on; and 19 For the provisions of the Market Code concerning supply to a ‘Market Customer’, see the code, chapter 3 (Market rules).
s 96 63 s 97 Electricity Regulation 1994 (c) another person (the new customer ) becomes the registered owner of the lot or all of the lots. (2) The new customer is declared to be a contestable customer for the supply of electricity to each single premises on the lot or lots, other than a single premises— (a) that existed before the new customer became the registered owner of the lot or all of the lots; and (b) for which the original customer was not a contestable customer under the declaration. 96 Declarations continue despite consumption or use If a customer is declared under this subdivision to be a contestable customer for a premises, the declaration continues despite— (a) the actual consumption of electricity for the premises; or (b) the purpose for which the premises are used. Subdivision 3 Contestable customer certification 97 Applying for certification (1) A customer may apply to the relevant distribution entity for contestable customer certification for any single premises of the customer. (2) The application must— (a) be written; and (b) state the applicant’s name and the premises to which the application relates; and (c) be supported by enough other information, reasonably decided by the entity, to enable the entity to consider the application.
s 98 64 s 98 Electricity Regulation 1994 98 Consideration of application (1) The relevant distribution entity must either grant or refuse the application within 1 month after receiving all necessary information relevant to the application. (2) The entity must grant the application if satisfied— (a) the customer has arranged for the provision of a ‘metering installation’ under the Market Code, chapter 7 20 for each electrical line to the premises; and (b) either— (i) the consumption for the premises during a consumption period was more than 0.1GWh; or (ii) the estimated consumption for the premises in a future consumption period is more than 0.1GWh, and— (A) the premises did not consume electricity before the start of the future consumption period; or (B) the premises consumed electricity before the start of the future consumption period, but the premises or the customer’s business or enterprise for which the customer uses the premises was expanded after the start of the future consumption period and the expansion has caused the estimate to be more than 0.1GWh. (3) If the entity does not grant the application within the relevant period, it is taken to have— (a) refused the application; and (b) given the applicant a notice under section 100(1) of refusal of the application at the end of the period. 20 Market Code, chapter 7 (Metering) For the meaning of ‘metering installation’ under the Market Code, see chapter 10 (Glossary), definition metering installation .
s 99 65 s 99 Electricity Regulation 1994 (3A) Subsection (2)(b) does not apply if the application is for contestable customer certification starting on or after 1 July 2007. (4) In this section— consumption , for the premises during a consumption period, means the electricity, decided by the relevant distribution entity, that was— (a) consumed for the premises during the period; or (b) charged under section 220 21 by an on-supplier for the premises during the period. consumption period means any period of 1 year beginning on or after the day that is 3 years before the relevant distribution entity receives all necessary information relevant to the application. estimated consumption , for the premises during a future consumption period, means the electricity the relevant distribution entity estimates will be— (a) consumed for the premises during the period; or (b) charged under section 220 by an on-supplier for the premises during the period. future consumption period means any period of 1 year that has not ended. relevant period means the first of the following periods to end— (a) 1 month after the entity receives all necessary information relevant to the application; (b) 3 months after the application was made. 99 Issue of certification (1) If the relevant distribution entity grants the application, it must give the certification applied for to the customer as soon as practicable after the application is granted. 21 Section 220 (On-supply agreements) was omitted by 2003 SL No. 123, section 9.
s 100 66 Electricity Regulation 1994 s 100A (2) The certification must be written and state the following— (a) the customer’s name; (b) the single premises of the customer to which the certification relates; (c) that the entity was satisfied under section 98(2). 100 Refusal of application (1) If the relevant distribution entity decides to refuse the application, the entity must give the applicant written notice of refusal of the application as soon as practicable after making the decision. (2) The notice must state the following— (a) that the entity has refused the application; (b) the reasons for the refusal; (c) that the applicant may, under section 103, 22 ask the Minister to decide whether the application ought to have been granted. Subdivision 4 Actual or estimated consumption of less than 0.2GWh 100A Application of sdiv 4 This subdivision applies to the making of a negotiated customer sale contract for the provision of electricity customer retail services by a retail entity to any single premises of a customer if— (a) the customer has not previously entered into a negotiated customer sale contract with a retail entity; and 22 Section 103 (Dispute resolution)
s 100B 67 Electricity Regulation 1994 s 100D (a) within the meaning of section 98(2)(b), 23 the consumption was, or estimated consumption is, for the premises less than 0.2GWh. 100B Definition for sdiv 4 In this subdivision— cooling-off period , for the negotiated customer sale contract, means a period of 5 business days starting on the day after the later of the following days— (a) 1 July 2004; (b) the day the contract is made. 100C Disclosures to customer (1) The retail entity must, before the customer and the entity enter into the negotiated customer sale contract— (a) give the customer a disclosure statement in the approved form; and (b) ensure the disclosure statement is signed by the customer. (2) The retail entity must keep a copy of each signed disclosure statement until the later of the following days— (a) the day the negotiated customer sale contract ends; (b) the day that is 5 years after the entity and the customer enter into the contract. 100D Ending contract during cooling-off period (1) The customer may end the negotiated customer sale contract during the cooling-off period for the contract. (2) The customer ends the contract by giving the retail entity written notice of the ending of the contract. 23 Section 98 (Consideration of application)
s 101 68 Electricity Regulation 1994 s 101 (3) The customer is not liable to the retail entity in any way for ending the contract. (4) The customer can not waive the cooling-off period for the contract. Division 2 Contestable customers in Country Energy’s area 101 Contestable customers in Country Energy’s area (1) A customer is declared to be a contestable customer for premises of the customer if— (a) the premises are within Country Energy’s area; and (b) the customer would, if the premises were in New South Wales, be a retail customer within the meaning of the Electricity Supply Act 1995 (NSW). (2) For the purpose of deciding whether a person is a contestable customer under subsection (1), a function or power under an order may be exercised by— (a) a person given a corresponding function or power under the Act; or (b) if no person has a corresponding function or power under the Act—the Minister or a person appointed by the Minister. (3) In this section— Country Energy’s area means Country Energy’s— (a) supply area described in Country Energy’s special approval no. SA21/98; 24 or (b) distribution area under any distribution authority issued to it. 24 A copy of a map of the area may inspected at the department’s office at 61 Mary Street, Brisbane.
s 102 69 Electricity Regulation 1994 s 103 Division 3 Other contestable customers 102 Customers declared to be contestable customers Each of the customers mentioned in schedule 2 is declared to be a contestable customer at the premises set out opposite in the schedule. Division 4 Resolving disputes about contestability 103 Dispute resolution (1) This section applies if— (a) a customer’s application under section 97 for contestable customer certification has been refused or is, under section 98(3), taken to have been refused and the customer disputes the refusal; or (b) there is a dispute about whether a customer is a contestable customer for a premises under section 101. (2) The customer may ask the Minister, or a person appointed by the Minister, (the dispute resolver ) to resolve the dispute. (3) The dispute resolver may— (a) give instructions about procedures the parties to the dispute must follow to attempt to resolve the dispute before the dispute resolver attempts to resolve it; or (b) require a party to give the dispute resolver information the dispute resolver considers necessary to enable the dispute to be resolved. (4) The dispute resolver must give each party a reasonable opportunity to make representations before making the decision. (5) After considering any representations, the dispute resolver must decide— (a) for a dispute mentioned in subsection (1)(a)—whether the application ought to have been granted; or
s 104 70 Electricity Regulation 1994 s 104 (b) for a dispute mentioned in subsection (1)(b)—whether the customer is a contestable customer for the premises to which the dispute relates. (6) The dispute resolver must inform the parties of the decision by written notice stating the— (a) decision; and (b) reasons for the decision. (7) If, under subsection (5)(a), the dispute resolver decides the application ought to have been granted, certification is taken to have been given under section 99(1) 25 to the customer for the premises to which the application relates when the decision was made. (8) If, under subsection (5)(b), the dispute resolver decides the customer is a contestable customer for the premises to which the dispute relates, the customer is taken to have been a contestable customer for the premises from when the decision was made. 104 Dispute resolver may seek advice or information (1) This section applies if, under section 103(2), a dispute resolver has been asked to resolve a dispute. (2) To help resolve the dispute, the dispute resolver may seek advice or information from any other person. Example If there is a dispute under section 101(1)(b) about whether the customer would be a non-franchise customer under the New South Wales law mentioned in that section, the dispute resolver may seek advice or information to help resolve the dispute from— (a) the department; or (b) a department of government of New South Wales that administers the New South Wales law. (3) The dispute resolver may take the advice or information into account in making a decision under section 103(5). 25 Section 99 (Issue of certification)
s 105 71 Electricity Regulation 1994 s 107 (4) If the dispute resolver seeks information or advice or takes into account advice or information the dispute resolver has been given for any other dispute, the dispute resolver must— (a) if the advice or information is written—give a copy of it to the parties; or (b) if the advice or information is oral—disclose the substance of the advice to the parties. 105 Parties to maintain secrecy of advice or information (1) This section applies if under section 104(4) the dispute resolver gives advice or information, or discloses the substance of the advice or information, to a person who is a party to the dispute. (2) The person must not disclose the advice or information to another person unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (3) It is a reasonable excuse for a person to disclose the advice or information if the disclosure is for— (a) the resolution of the dispute; or (b) an appeal against the dispute resolver’s decision on the dispute. 106 Decision binding (1) The dispute resolver’s decision under section 104 binds each party to the dispute. (2) A party may not apply for a review of, or appeal against, the order other than under the Judicial Review Act 1991 . Division 5 Metering obligation if customer is contestable for premises 107 Customer’s metering obligation (1) This section applies if a customer is a contestable customer for the supply of electricity to a premises of the customer.
s 108 72 Electricity Regulation 1994 s 108 (2) The customer must provide, install and maintain a ‘metering installation’ under the Market Code, chapter 7 26 for each electric line to the premises in the way required of a ‘Market Customer’ under that chapter. Maximum penalty—20 penalty units. Part 7 Negotiated contracts before commencement of Electricity Amendment Act 1997 108 Negotiated contracts (1) This section applies to a negotiated contract entered into before the Electricity Amendment Act 1997 commenced (the commencement ) under the repealed section 243 of this regulation, as that section applied before the commencement. (2) From the commencement the negotiated contract is taken to be a negotiated customer sale contract. 26 Market Code, chapter 7 (Metering) For the meaning of ‘metering installation’ under the Market Code, see the Market Code, chapter 10 (Glossary), definition metering installation .
s 109 73 Electricity Regulation 1994 s 110 Chapter 4 Market and system arrangements Part 1 System and network control Division 1 Operating electrical installations 109 Market Code to be followed A person must comply with the Market Code in operating an electrical installation if the installation— (a) is connected directly to a transmission grid that is part of the Queensland system; or (b) is connected to a part of a supply network stated by the Queensland System Operator in a Market Code instrument to be relevant to the security and reliability of the Queensland system; or (c) includes facilities for the provision of ancillary services stated by the Queensland System Operator in a Market Code instrument to be relevant to the security and reliability or the economic operation of the Queensland system. Maximum penalty—20 penalty units. Division 2 Network control 110 Network operation not to interfere with Queensland system (1) A distribution entity must not operate its supply network in a way that interferes with the performance of the Queensland system without the agreement of the Queensland System Operator. Maximum penalty—20 penalty units.
s 111 74 Electricity Regulation 1994 s 114 (2) In subsection (1)— operate includes providing network control. 111 Market Code to be followed A person must comply with the Market Code in operating an electrical installation if the installation— (a) is connected directly to a supply network that is part of the Queensland system; or (b) includes facilities for the provision of ancillary services to the supply network. Maximum penalty—20 penalty units. 112 Dealings to be impartial An electricity entity must be impartial in its dealings in carrying out network control with all other electricity entities, special approval holders, contestable customers and other customers. 113 Confidentiality (1) An electricity entity may publish or release to a person information acquired by the entity in carrying out network control, and that gives or is likely to give the person a material commercial advantage over anyone else, only if the giving of the information is for another lawful purpose and any commercial advantage is merely incidental to the purpose. (2) Subsection (1) does not apply to the giving to a person information about the person or, with the person’s written permission, to anyone else. 114 Reasonable charges for services An electricity entity may charge electricity entities, special approval holders and contestable customers for the reasonable cost of carrying out its network control functions for the entity, holder or customer.
s 115 75 Electricity Regulation 1994 s 118 Part 2 Conditions of authorities and special approvals Division 1 Separation of industry sectors 115 Generation and retail sectors It is a condition of a generation authority that its holder must not hold a retail authority with a retail area. 116 Distribution and retail sectors It is a condition of a distribution authority that its holder must not hold a retail authority. 117 Retail and generation sectors It is a condition of a retail authority with a retail area that its holder must not hold a generation authority. Division 2 Compliance with Market Code 118 Compliance with Market Code instruments (1) This section applies to the holder of an authority or special approval if the holder is a code participant. (2) It is a condition of an authority or special approval that its holder must comply with all Market Code instruments that apply to the activities authorised by the authority or special approval. (3) In this section— authority means a generation authority, transmission authority, distribution authority or retail authority.
s 119 76 Electricity Regulation 1994 s 120 Division 3 Miscellaneous 119 Compliance with regulator’s decisions under s 80 (1) It is a condition of an electricity entity’s authority that the entity must comply with a decision by the regulator under section 80 27 about a dispute to which the entity was a party. (2) However, the condition does not apply if the decision has been stayed. 119A Compliance with disclosure requirements (1) This section applies to a retail entity if— (a) the entity proposes to enter into a negotiated customer sale contract with a customer to provide customer retail services to the customer’s premises; and (b) chapter 3, part 6, division 1, subdivision 4, applies to the making of the contract. 28 (2) It is a condition of the retail entity’s retail authority that the entity must, before entering into the contract, comply with the requirements of section 100C. 29 Part 3 Special approvals 120 Approval to connect for generation plant of certain State electricity entities installed immediately before 1 January 1995 (1) Ergon Energy has a special approval authorising it to connect the generating plant installed before 1 January 1995 and 27 Section 80 (Dispute resolution) 28 Chapter 3 (Electricity supply and sale to customers), part 6 (Contestable customers), division 1 (General declarations), subdivision 4 (Actual or estimated consumption of less than 0.2 GWh) 29 Section 100C (Disclosures to customer)
s 121 77 Electricity Regulation 1994 s 123 vested in Capricornia Electricity Corporation, Far North Queensland Electricity Corporation or North Queensland Electricity Corporation as at 1 January 1995 to the transmission grid or supply network to which the generating plant was connected on 1 January 1995. (2) Section 27(a) and (c) 30 of the Act applies to Ergon Energy acting under the special approval as if it were a generation entity. 121 Approval to connect for mobile generating plant for emergency or maintenance work by distribution entities (1) A distribution entity has a special approval to connect mobile generating plant to its supply network to supply electricity during an emergency or maintenance work on the supply network. (2) Section 27(a) and (c) of the Act applies to a distribution entity acting under the special approval as if the supplier were a generation entity. 122 Approval to connect certain generating plant with 30MW or less capacity (1) A person who operates generating plant with a capacity of 30MW or less has a special approval to connect the generating plant to a transmission grid or supply network if electricity generated is not sold, other than to the retail entity in whose retail area the generation plant is located. (2) Section 27(a) and (c) 31 of the Act applies to the person acting under the special approval as if the person were a generation entity. 123 Special approval holders treated as electricity entities—Act, s 59(2) (1) A special approval holder stated in schedule 3, column 1, is to be treated as an electricity entity for the provisions of the Act 30 Section 27 (Conditions of generation authority) of the Act 31 Section 27 (Conditions of generation authority) of the Act
s 124 78 Electricity Regulation 1994 s 127 stated in schedule 3, column 2, opposite the special approval holder. (2) To remove any doubt, it is declared that if a special approval holder is mentioned in more than 1 item in schedule 3, each of the items in which the holder is mentioned applies to the holder. 124 Special approval for QETC QETC has a special approval to generate and sell electricity for a purpose or function mentioned in section 33(2) 32 of the Act. Chapter 5 Prohibited interests 125 Generation authorities Holding a retail authority with a retail area is a prohibited interest for a generation entity. 126 Distribution authorities Holding a retail authority is a prohibited interest for a distribution entity. 127 Retail authorities Holding a generation authority is a prohibited interest for a retail entity that holds a retail authority with a retail area. 32 Section 33 (Additional condition not to buy and sell electricity) of the Act
s 127A 79 Electricity Regulation 1994 s 127B Chapter 5A 13% gas scheme Part 1 General provisions 127A Prescribed transmission zones—Act, s 135CO For section 135CO(1) of the Act, the following areas are prescribed— (a) each area identified in the zone forecasts under the latest annual planning report from time to time of Powerlink Queensland; 33 (b) the area of the national electricity market north of the Hunter Valley at Liddell and Newcastle on the coast through to the border between New South Wales and Queensland. 127B Prescribed programs—Act, s 135GR For section 135GR(1)(b) of the Act, the following are prescribed— (a) the Renewable Energy (Electricity) Act 2000 (Cwlth); (b) the program under the document called the ‘National Green Power Accreditation Document’ made by the National Green Power Accreditation Steering Group. 34 33 At the commencement of this section the document was available on the internet at <http://www.powerlink.com.au>. 34 At the commencement of this section the document was available on the internet at <www.greenpower.com.au>.
s 127C 80 Electricity Regulation 1994 s 127D Part 2 Monitoring 127C Appointment conditions for approved auditors—Act, s 135IG (1) This section states, for section 135IG(1)(c) of the Act, conditions on which an approved auditor holds office. (2) The auditor must personally not create, or become the registered owner of, a GEC. (3) In carrying out an audit, the auditor must act honestly and in good faith. (4) If an auditable person or the regulator commissions the auditor to carry out an audit, the auditor must not carry out, or negotiate the carrying out, of other work for reward for the auditable person until the regulator has, under section 135IP or 135IT 35 of the Act, been given a report about the audit. (5) If the auditor becomes aware of a possible conflict of interest relating to an audit, the auditor must, as soon as possible, give the regulator a written notice— (a) describing the possible conflict; and (b) stating all relevant circumstances. (6) If the regulator commissions the auditor to carry out an audit and the regulator asks, the approved auditor must demonstrate to the regulator that the auditor’s costs of carrying out the audit and giving the regulator a report about the audit were properly and reasonably incurred. (7) In this section— audit means an audit under chapter 5A, part 7 of the Act. 127D Prescribed contents for audit reports—Act, ss 135IP and 135IT For sections 135IP(1)(b) and 135IT(1)(b) of the Act, all of the following information is prescribed— 35 Section 135IP (Regulator may require audit) or 135IT (Regulator may carry out audit) of the Act
s 127D 81 Electricity Regulation 1994 s 127D (a) the approved auditor’s name and details of appointment; (b) the day the audit started; (c) the day the audit finished; (d) the address at which the audit took place; (e) the duration of the audit; (f) the name of the person who commissioned the audit; (g) the name of the auditable person to whom the audit related; (h) each matter (a required matter ) for which the audit was required; (i) the period to which the audit applied; (j) details of sites, activities, material or matters examined for each required matter; (k) the names of any individuals appointed by the auditable person to give the approved auditor help and information; (l) whether, in the approved auditor’s opinion, the auditable person complied with chapter 5A of the Act for each required matter; (m) if the approved auditor’s opinion is that the auditable person did not comply with chapter 5A of the Act for any required matter— (i) details of the noncompliance; and (ii) the facts and circumstances used to form the opinion; (n) any recommendations of the approved auditor.
s 128 82 Electricity Regulation 1994 s 128 Chapter 6 Energy efficiency and performance of electrical equipment Part 1 Minimum energy efficiency and performance Division 1 Registration 128 Application for registration (1) An application for registration of an item of prescribed electrical equipment must— (a) be made in the form for the application set out in the relevant standard; and (b) be accompanied by each of the following— (i) the prescribed fee; (ii) the test results and calculations mentioned in the relevant standard; (iii) the other test results mentioned in the relevant standard, in the form for the results set out in the standard; (iv) for an item mentioned in schedule 4, part 1—a sample of a label for the item; (v) for an item mentioned in schedule 4, part 3 that is to be labelled—a sample of a label for the item; (vi) if required by the regulator, a sample of the equipment; (vii) any other relevant information the regulator requires to decide the application. (2) The application may specify a range of models of the 1 brand in the same application if each of the models has the same
s 129 83 Electricity Regulation 1994 s 131 relevant physical characteristics, energy efficiency and performance characteristics. (3) If a person other than the applicant signs the application, the application must be accompanied by the applicant’s written authority for the person to sign the application. (4) The regulator may waive the requirement under subsection (1)(b)(ii) and (iii). 129 Requirements for registration (1) The regulator may register an item of prescribed electrical equipment only if the regulator considers— (a) the item complies with section 130; and (b) for equipment mentioned in schedule 4, part 1—the equipment’s label conforms with section 142; and (c) for equipment mentioned in schedule 4, part 3 that is to be labelled—the equipment’s label conforms with section 142. (2) If the regulator refuses to register the item, the regulator must give the applicant an information notice about the refusal. 130 Minimum energy efficiency and performance criteria (1) This section states the requirements an item of prescribed electrical equipment must comply with for section 129(1)(a). (2) An item of prescribed electrical equipment mentioned in schedule 4, part 1 or 3 must, if tested in accordance with part 1 of the relevant standard, comply with the performance criteria for the item in the relevant standard. (3) An item of prescribed electrical equipment mentioned in schedule 4, part 2 must comply with the energy efficiency requirements for the item in the relevant standard. 131 Notice of registration Within 28 days after registering an item of prescribed electrical equipment, the regulator must give written notice of the registration, and the date of registration, to the applicant.
s 132 84 Electricity Regulation 1994 s 135 132 Term of registration Registration of an item of prescribed electrical equipment is for 5 years unless it is cancelled earlier. 133 Change of name or address (1) The holder of a registration of an item of prescribed electrical equipment whose name or address changes must, within 14 days after the change, give written notice of it to the regulator. Maximum penalty—8 penalty units. (2) The regulator must enter details of the new name or address in the register. 134 Changing energy efficiency label identifying electrical equipment (1) The holder of a registration of an item of prescribed electrical equipment with an energy efficiency label may apply to the regulator for approval of a change to the label to reflect a change in the way an item of electrical equipment of the type to which the label relates is identified. (2) The regulator may approve the change if the application— (a) is made in the approved form; and (b) is accompanied by— (i) the prescribed fee; and (ii) a sample of the changed energy efficiency label. 135 Refusal to change energy efficiency label If the regulator refuses to approve a change to an energy efficiency label for which application is made, the regulator must give the applicant an information notice about the refusal.
s 136 85 Electricity Regulation 1994 s 139 136 Notice of change to energy efficiency label Within 28 days after approving a change to an energy efficiency label, the regulator must give written notice of the change to the holder of the label. Division 2 Transfer and cancellation of registration 137 Transfer of registration (1) If the holder of a registration of an item of prescribed electrical equipment proposes to transfer the registration to someone else (the proposed transferee ), the proposed transferee may apply to the regulator for approval of the transfer. (2) The regulator must approve the transfer if the application— (a) is made in the approved form; and (b) is accompanied by— (i) the prescribed fee; and (ii) the holder’s written agreement to the transfer. (3) If the regulator refuses to approve the transfer, the regulator must give the applicant an information notice about the refusal. 138 Notice of transfer Within 28 days after approving the transfer, the regulator must give written notice of the transfer to the proposed transferee and the former holder of the registration. 139 Cancellation of registration (1) The regulator may, subject to section 140, cancel the registration of an item of prescribed electrical equipment if— (a) the regulator examines or tests the item and finds that it does not comply with the relevant standard; or
s 140 86 Electricity Regulation 1994 s 140 (b) the holder of the registration engages in conduct likely to mislead the public about the performance, rating, capacity or the characteristics of the item required by the relevant standard; or (c) the holder gave the regulator false or misleading information about the application for registration, or transfer of registration, of the item; or (d) the holder fails to pay the fee, if any, for the registration; or (e) the holder asks for the cancellation. (2) If registration of an item (the primary item ) of prescribed electrical equipment is cancelled, the regulator may also cancel the registration of any other item of prescribed electrical equipment that the regulator is satisfied— (a) has the same relevant physical characteristics, energy efficiency and performance characteristics as the primary item; and (b) was registered on the basis of the same test results as the test results for the primary item. (3) If the regulator decides to cancel the registration, the regulator must give the holder an information notice about the decision. 140 Procedure before cancellation (1) If the regulator considers a ground exists to cancel the registration of an item of prescribed electrical equipment, other than at the request of the registration holder, the regulator must, before taking the action, give the holder written notice— (a) stating the regulator is considering cancelling the registration; and (b) stating the grounds for the proposed cancellation; and (c) outlining the facts and circumstances forming the basis for the grounds; and (d) inviting the holder to show, within a stated time of at least 15 business days, why the registration should not be cancelled.
s 141 87 Electricity Regulation 1994 s 142 (2) If, after considering all written representations made by the holder within the stated time, the regulator still considers a ground exists to cancel the registration, the regulator may cancel the registration. (3) Cancellation of registration takes effect on the sixth business day after the holder is given an information notice under section 139(3). 141 Notice, by holder, of cancellation of registration (1) Immediately on receipt of an information notice about cancellation of the registration of an item of prescribed electrical equipment, the holder of the registration must give written notice of the cancellation to each person to whom the holder has sold an item of the type that was registered. (2) Subsection (1) does not require the giving of a notice to a person to whom the type of item had been sold by retail or had been sold at least 1 year before the notice was received. Division 3 Energy efficiency label 142 Energy efficiency label An energy efficiency label 36 for an item of prescribed electrical equipment mentioned in schedule 4, part 1 or 3 must— (a) comply with the labelling requirements of the relevant standard for the item; and (b) be attached to the item— (i) in the way shown in the relevant standard; or (ii) in another way approved by the regulator; and (c) not be attached in a way that it is obscured from view; and 36 See part 3 (Offences) for when equipment must be labelled.
s 143 88 Electricity Regulation 1994 s 144 (d) not contain any figures, symbols or other words likely to mislead the public about the item’s comparative energy consumption, energy efficiency rating or performance characteristics. Division 4 Register 143 Register (1) The regulator must keep a register of each item of prescribed electrical equipment registered by the regulator. (2) The regulator may enter in the register any particulars contained in an application for registration, or transfer of registration, of the item. (3) The register may be kept in a way the regulator considers appropriate. (4) The register may form part of a national register. 144 Inspection of register The regulator must— (a) keep the register open for inspection, on payment of the prescribed fee, by members of the public during office hours on business days; and (b) on payment of the prescribed fee, give the person a copy of an entry in the register.
s 145 89 Electricity Regulation 1994 s 146 Part 2 Testing and test reports Division 1 Preliminary 145 Testing of prescribed electrical equipment (1) An item of prescribed electrical equipment mentioned in schedule 4, part 1 or 3 must be tested under this part in accordance with part 1 of the relevant standard to find out whether it complies with the performance criteria in the relevant standard. (2) An item of prescribed electrical equipment mentioned in schedule 4, part 2, item 1, must be tested under this part to find out whether it complies with the energy efficiency requirements in the relevant standard. (3) An item of prescribed electrical equipment mentioned in schedule 4, part 2, item 2, must be tested under this part in accordance with part 102.3 of the relevant standard to find out whether it complies with the minimum energy performance requirements in part 5 of the relevant standard. (4) An item of prescribed electrical equipment mentioned in schedule 4, part 2, item 3, 4 or 5, must be tested under this part to find out whether it complies with the minimum energy performance requirements in the relevant standard for the item. (5) The testing may be done only by an entity approved by the regulator. 146 Test reports (1) The results of the test must be recorded in a test report. (2) The test report must be in the approved form and contain the following information about the test— (a) the provision of this regulation under which the testing was conducted; (b) the name of the entity that conducted the test; (c) the date of the test;
s 147 90 Electricity Regulation 1994 s 148 (d) the date of the report; (e) the results of the test; (f) other information required to be included in the report under this part. Division 2 Check testing 147 Requirement by regulator to make available prescribed electrical equipment for testing (1) The regulator may, by written notice given to the holder of the registration of an item of prescribed electrical equipment, require the holder to make an item of the type registered available for the testing ( check testing ) mentioned in section 145. (2) The requirement must state— (a) the period, of at least 1 month from the giving of the requirement, within which the item must be made available; and (b) the place where the item is to be made available; and (c) an amount estimated to cover the actual, reasonable cost of the check testing and when it is to be paid to the regulator. (3) The holder must make the item available and pay the amount as stated in the requirement. 148 What happens if check testing shows noncompliance (1) This section applies if a check test shows that an item of prescribed electrical equipment does not comply with a performance criteria or energy efficiency requirement of the relevant standard. (2) If the actual cost of testing the item is greater than the amount paid under section 147(3) for the check test, the difference
s 149 91 Electricity Regulation 1994 s 150 may be recovered by the regulator from the holder as a debt owing to the State. (3) This section does not affect section 139. 149 What happens if check testing shows compliance (1) This section applies if a check test shows that an item of prescribed electrical equipment complies with the performance criteria or energy efficiency requirements of the relevant standard. (2) The regulator must refund to the holder the amount paid under section 147(3) for the check test. (3) The amount may be recovered by the holder from the regulator as a debt owing by the State to the holder. 150 Return of equipment made available to the regulator (1) This section applies if, at the regulator’s request, a person makes available to the regulator free of charge an item of prescribed electrical equipment for testing or with an application under this chapter. (2) The regulator must notify the person that the equipment is available for collection by the person at a stated place as soon as practicable after— (a) for an item made available for testing— (i) if the regulator believes, on reasonable grounds, that the item is required as evidence in a prosecution for an offence—the prosecution and any appeal from the prosecution; or (ii) if subparagraph (i) does not apply—the testing; or (b) for an item made available with an application—the regulator decides the application. (3) Despite subsection (2)(a)(i), the regulator must notify the person immediately after the earlier of the following— (a) the regulator decides the equipment is not required as evidence;
s 151 92 Electricity Regulation 1994 s 152 (b) a prosecution for an offence involving the type of equipment is not started within 6 months from when the notice would have been given if subsection (2)(a)(i) had not applied. (4) If, at the end of 6 months after the notice is given, the equipment has not been collected, the regulator may dispose of the item as the regulator considers appropriate and the person is not entitled to claim for the appliance or any loss or damage to it. Part 3 Offences 151 Part does not apply to second-hand prescribed electrical equipment This part does not apply to a second-hand item of prescribed electrical equipment. 152 Prescribed electrical equipment in sch 4, pt 1 must be registered and labelled (1) A person must not sell an item (the sale item ) of prescribed electrical equipment mentioned in schedule 4, part 1 unless— (a) an item of the same type of prescribed electrical equipment as the sale item is registered under section 129; and (b) an energy efficiency label is attached to the sale item and the label conforms with, and is attached in the way required by, section 142. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply if— (a) the sale item is registered under a corresponding law; and (b) an energy efficiency label is attached to the sale item and the label conforms with, and is attached in the way required by, the corresponding law.
s 153 93 Electricity Regulation 1994 s 155 153 Prescribed electrical equipment in sch 4, pt 2 must be registered A person must not sell an item of prescribed electrical equipment mentioned in schedule 4, part 2 unless an item of the same type of prescribed electrical equipment as the item is registered under section 129. Maximum penalty—20 penalty units. 154 Prescribed electrical equipment in sch 4, pt 3 must be registered and may be labelled (1) A person must not sell an item (the sale item ) of prescribed electrical equipment mentioned in schedule 4, part 3 unless— (a) an item of the same type of prescribed electrical equipment as the sale item is registered under section 129; and (b) if an energy efficiency label is attached to the sale item, the label conforms with, and is attached in the way required by, section 142. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply if— (a) the sale item is registered under a corresponding law; and (b) if an energy efficiency label is attached to the sale item, the label conforms with, and is attached in the way required by, the corresponding law. 155 Representations about 3-phase cage induction motors A person must not represent that a 3-phase cage induction motor mentioned in schedule 4, part 2, item 2, is a high efficiency motor unless the motor complies with the high efficiency performance requirements for the item in part 5 of the relevant standard. Maximum penalty—20 penalty units.
s 155A 94 Electricity Regulation 1994 s 155B 155A Fluorescent lamp ballast (1) This section applies to a fluorescent lamp ballast, other than a ballast to which the standard mentioned in schedule 4, part 1, item 6, applies. (2) A person must not attach an energy efficiency label to the ballast unless the label— (a) complies with the labelling requirements of the standard mentioned in subsection (1); and (b) is attached to the ballast in the way shown in the standard. Maximum penalty—20 penalty units. (3) If an energy efficiency label is attached to the ballast, a person must not sell the ballast unless it conforms with the energy efficiency rating shown on the label. Maximum penalty—20 penalty units. Chapter 7 Employment in government owned electricity industry Part 1 Preliminary 155B Definitions for ch 7 In this chapter— employment entitlement , of an employee, means each of the following— (a) the employee’s leave entitlement; (b) the period of service that would be relevant for working out the redundancy payment to which the employee would be entitled if the employee was made redundant. future employer see section 155C(2)(d). previous employer see section 155C(2)(a).
s 155C 95 Electricity Regulation 1994 s 155D redundancy payment means a payment made to a person because the person became redundant. redundant see section 155C(1). redundant employee see section 155C(2). State electricity entity includes an entity declared to be a State electricity entity under section 240. suitable alternative employment see section 155D. 155C Meaning of redundant and redundant employee (1) An employee becomes redundant if the person’s employer no longer needs or has a substantially diminished need for services of a particular kind performed by the person. (2) A person is a redundant employee if— (a) the person was employed by a State electricity entity (the previous employer ); and (b) the person’s employment ended because the person was redundant; and (c) the person has received, or is eligible to receive, a redundancy payment from the previous employer; and (d) the person has not been offered suitable alternative employment by the previous employer or another State electricity entity (each a future employer ). 155D Meaning of suitable alternative employment (1) Alternative employment offered to a person by a future employer is suitable alternative employment only if the following conditions are satisfied— (a) the person’s employment entitlements are continued under the alternative employment; (b) either— (i) the person and the previous employer have agreed the alternative employment is the same or substantially the same as the person’s previous employment with the employer; or
s 155E 96 Electricity Regulation 1994 s 155E (ii) the Industrial Relations Commission has decided the alternative employment is the same or substantially the same as the person’s previous employment; (c) if, on the offer day, the person is a member of a superannuation scheme and the future employer is a subsidiary of a GOC— (i) the person’s membership in the scheme is not affected; and (ii) the employer makes, or agrees to make, the superannuation contributions the employer is required to make for the person to the scheme for the benefit of the person. (2) Subsection (1)(c) does not apply if the person and future employer enter into an agreement about the superannuation arrangements for the person. (3) In this section— offer day , for a person to whom alternative employment is offered, means the day the alternative employment is offered to the person. 155E Industrial Relations Commission may decide particular matters If a person and the person’s previous employer cannot agree, after genuinely attempting to come to an agreement, whether alternative employment offered to the person is the same or substantially the same as the person’s previous employment with the employer— (a) the person and employer must— (i) treat the disagreement as an industrial dispute; and (ii) immediately give the registrar under the Industrial Relations Act a notice complying with section 229(3) of that Act for the dispute; and
s 156 97 Electricity Regulation 1994 s 156 (b) chapter 7, part 2, 37 of the Industrial Relations Act applies to the disagreement as if— (i) the disagreement was an industrial dispute; and (ii) the notice given under paragraph (a)(ii) was given under section 229(2) of that Act; and (c) without limiting section 230(3) and (4) of the Industrial Relations Act, the Industrial Relations Commission may decide whether or not the alternative employment is the same or substantially the same as the person’s previous employment. Part 2 General employment conditions and entitlements Division 1 Preliminary 156 Definitions for pt 2 In this part— EGTS award means the Electricity Generation Transmission and Supply Award—State. ESIE award means the Electricity Supply Industry Employees Award—State. industrial instrument means an industrial instrument under the Industrial Relations Act. relevant award see section 159. translation principles means part 3.2 of the document called ‘Implementation Guide for Award Restructuring in the 37 Chapter 7 (Industrial disputes), part 2 (Action for settling industrial disputes) of the Industrial Relations Act
s 157 98 Electricity Regulation 1994 s 160 Queensland Electricity Supply Industry’, issued by the former Queensland Electricity Commission on 21 November 1994. 38 Division 2 Award conditions and entitlements for electricity industry employees 157 Purpose of div 2 This division provides for the conditions and entitlements of employment for State electricity entities and their electricity industry employees by reference to an award under the Industrial Relations Act. 158 Application of div 2 to Ergon Energy Pty Ltd This division does not apply to the State electricity entity Ergon Energy Pty Ltd (ACN 078 875 902) and its electricity industry employees until 6 months after this section commences. 159 Relevant award (1) This section fixes the award (the relevant award ) that contains the conditions and entitlements for an electricity industry employee of a State electricity entity. (2) If the employee has, under the translation principles, chosen to be bound by the ESIE award, the ESIE award is the relevant award. (3) Otherwise, the EGTS award is the relevant award. 160 Relevant award is binding The relevant award for an electricity industry employee of a State electricity entity binds the entity and the employee. 38 ‘Implementation Guide for Award Restructuring in the Queensland Electricity Supply Industry’, part 3.2 (Translation principle) For where the principles may be inspected, see section 163 (State electricity entity must display translation principles).
s 161 99 Electricity Regulation 1994 s 164 161 Relevant award subject to Industrial Relations Act Subject to section 162, the Industrial Relations Act applies to the relevant award for an electricity industry employee of a State electricity entity as if the relevant award were an award under that Act that binds the entity and the employee. 39 Division 3 Miscellaneous 162 Chapter 7 prevails over industrial instruments If there is any inconsistency between this chapter and the relevant award or another industrial instrument that applies to electricity industry employees of State electricity entities, this chapter prevails to the extent of the inconsistency. 163 State electricity entity must display translation principles (1) This section applies to a workplace where a relevant award has application. 40 (2) A State electricity entity bound by the relevant award must display the translation principles in a conspicuous place at the workplace where they may easily be read by the entity’s electricity industry employees in the workplace. (3) However, a contravention of this section is not an offence. 164 Secondment does not affect employment in the GOE industry A person employed by a State electricity entity is taken, while performing duties on secondment to another entity, to continue to be employed by the State electricity entity. 39 The Industrial Relations Act provides for the making, amendment and repeal of awards and for their relationship with other types of industrial instruments. Generally, see chapters 5 (Awards) and 6 (Agreements), and also section 165 (Certified agreement’s effect on awards, agreements or orders) of that Act. 40 See also the Industrial Relations Act, section 697 (Copy of award and certified agreement to be displayed).
s 165 100 Electricity Regulation 1994 s 167 165 Continuous service If an employee works, takes authorised leave, or is paid for an absence under the Workers’ Compensation and Rehabilitation Act 2003 for an injury sustained by the employee, a period when the employee is or would be rostered for work is a period of continuous service by the employee. Examples of continuous service 1 A full-time employee has a fortnight of continuous service, even though a rostered day off is taken in the fortnight. 2 A part-time employee has a fortnight of continuous service if the employee works the days rostered for the employee in the fortnight. 166 Calculation at a proportionate rate for particular employee (1) If this chapter provides, for a part-time employee, a quantity or amount (the proportionate amount ) to be a proportion of another quantity or amount relating to a full-time employee (the regular amount ), the proportionate amount must be worked out as follows— regular amount x work hours 36.25 (2) In subsection (1)— work hours means the period (in hours and, if necessary, a fraction of an hour) for which the part-time employee is scheduled to work. Part 3 Transfer of employment within GOE industry 167 Application of pt 3 This part applies to a person who transfers employment within the GOE industry (the transferred employee ).
s 168 101 Electricity Regulation 1994 s 170 168 When there is transfer of employment within GOE industry (1) In this part, a person employed in the GOE industry transfers employment within the GOE industry if the person resigns from employment with a State electricity entity (the former employer ) to be employed by another State electricity entity (the new employer ). (2) For subsection (1), a person does not resign from employment with a State electricity entity if the person becomes a redundant employee for the entity. (3) The transfer is effective when the employee starts employment with the new employer (the transfer day ). 169 When employment with former employer and new employer is taken to be continuous service (1) This section applies if the transfer day is not more than 1 month after the transferred employee ends employment with the former employer. (2) To decide employment entitlements of the transferred employee as an employee of the new employer— (a) the employee’s continuous service in the GOE industry immediately before ending employment with the former employer is taken to be service continuous with service with the new employer from the transfer day; and (b) the employee’s leave entitlement is reduced by leave accrued (or a pro rata amount for leave not yet accrued) during the service and taken or paid for by an employer of the employee. 170 Transferred employee may elect for leave entitlement to become leave entitlement with new employer (1) This section applies if a transferred employee is entitled to payment by the former employer of an amount as cash equivalent for accrued leave (or a pro rata amount for leave not yet accrued). (2) Before the transfer day, the employee may, by written notice to the former employer, elect for payment not to be made to
s 171 102 Electricity Regulation 1994 s 172 the employee and, instead, an equivalent amount of leave to be treated as leave accrued by the employee as an employee of the new employer or, for the pro rata amount, as service with the new employer. (3) The election may be for all or part of the payment. (4) On the making of the election, the former employer must pay the amount stated in the notice not to the employee but to the new employer and give to the new employer a certificate of the amount of the leave, or service for which a pro rata amount would have been paid, to which the payment relates. (5) The new employer must treat the employee as having accrued the leave or, for the pro rata amount, having the service with the new employer. 171 Payment by former employer to new employer towards long service leave entitlements not accrued on transfer (1) This section applies if— (a) at the transfer day, the transferred employee did not have accrued long service leave entitlements; and (b) the employee later accrues a long service leave entitlement by counting service with the former employer as service with the new employer. (2) If asked by the new employer, the former employer must pay to the new employer an amount for the long service leave entitlements that would have accrued to the former employee because of the employee’s service with the former employer had there been no limit on the employee’s period of service before the leave entitlement accrued. (3) The amount is the amount the employee would have been paid by the former employer if the employee had, immediately before the transfer day, taken the proportion of the leave accrued relating to the service up to the transfer day. 172 Transferred employees not made redundant A transferred employee is not made redundant merely because of the transfer.
s 173 103 Electricity Regulation 1994 s 174 173 Particular new employers must pay superannuation into transferred employee’s existing scheme (1) This section applies if— (a) the new employer is a subsidiary of a GOC; and (b) immediately before the transfer day, the transferred employee was a member of a superannuation scheme (the employee’s existing scheme ). (2) However, this section does not apply if the transferred employee and new employer have entered into an agreement about the superannuation arrangements for the employee. (3) The new employer must ensure— (a) the transferred employee’s membership in the employee’s existing scheme is not affected; and (b) the superannuation contributions the employer is required to make for the employee are paid, for the benefit of the employee, into the employee’s existing scheme. Part 4 Recognition of previous service other than on transfer 174 Application of pt 4 (1) This part applies to a person who was formerly employed in the GOE industry or the Queensland electricity supply industry within the meaning of the repealed Electricity Act 1976 (the former employment ), and is later employed in the GOE industry (the new employment ), if the person— (a) had been compulsorily retired from the former employment because of ill health, or voluntarily finished employment because of ill health, and the former employer certifies accordingly; or (b) resigned the former employment within 3 months before starting the new employment; or
s 175 104 Electricity Regulation 1994 s 175 (c) is not a redundant employee. (2) For subsection (1)(b), an employee finishes employment on the day when all leave entitlements for which the employee was paid a cash equivalent on finishing the employment would have ended if the entitlements had been taken as leave. 175 Recognition of previous service (1) The new employer must recognise the period of service of the former employment in working out the period of service in the new employment. (2) An employer may recognise, or agree to recognise, previous service of an employee for leave or other purposes only if— (a) section 174 applies; or (b) the employer is satisfied special circumstances exist in the particular case. (3) Subsection (2) is subject to any Act, law or award binding on the employer providing for recognition of the previous service of the employee on conditions more favourable to the employee than the conditions in the subsection. (4) An employee in the GOE industry is entitled to any leave or other entitlement accruing because of the recognition of service under this part, but leave or other entitlement availed of, or for which the employee was paid a cash equivalent, must be deducted from the accrued entitlement. (5) An appeal does not lie against a decision of the employer about the existence or otherwise of special circumstances under subsection (2)(b).
s 176 105 Electricity Regulation 1994 s 177 Part 5 Long service leave Division 1 Entitlement Subdivision 1 General entitlement provision 176 Entitlement to long service leave (1) A GOE industry employee is entitled to long service leave under this part if— (a) the employee has at least 10 years continuous service; or (b) the person dies or resigns and has at least 5 years continuous service ending when the person died or resigned. (2) Subsection (1)(b) only applies to an employee who resigns before reaching 55 if the employee gives to the employer a certificate, from an appropriate doctor, stating the person can not continue in the person’s present employment because of the employee’s ill health. (3) This part does not limit another entitlement to long service leave that the employee may have. (4) In this section— appropriate doctor means a doctor who the employer is satisfied has the appropriate expertise to decide whether or not the person is able to continue in the person’s present employment. Subdivision 2 Service and continuity of service 177 Service recognised for long service leave purposes For this part, continuous service for a GOE industry employee means— (a) service that is actually continuous or taken to be continuous under section 169; and
s 178 106 Electricity Regulation 1994 s 178 (b) a period of former service that, under section 175, 41 is recognised for working out the period of service of the employee in the GOE industry; and (c) for an employee who became a GOE industry employee on 1 January 1995 because of the Government Owned Corporations (QGC Corporatisation) Regulation 1994 or the Government Owned Corporations (QTSC Corporatisation) Regulation 1994 under the GOC Act—previous service, including broken service, recognised as service for long service leave purposes under the repealed Electricity Act 1976 . 178 Casual employees (1) The service of a GOE industry employee with a State electricity entity (the employer ) who has been employed more than once by 1 or more State electricity entities over a period is continuous service with the employer even though— (a) the employment is broken; or (b) any of the employment is not full-time employment; or (c) the employee is employed by the entity or entities under 2 or more employment contracts; or (d) the employee would, apart from this section, be taken to be engaged in casual employment; or (e) the employee has engaged in other employment during the period. (2) However, the continuous service ends if the employment is broken by more than 3 months between the end of 1 employment contract and the start of the next employment contract. (3) In working out the length of a the employee’s continuous service— (a) service by the employee before 23 June 1990 must not be taken into account; and 41 Section 175 (Recognition of previous service)
s 179 107 Electricity Regulation 1994 s 180 (b) subject to subsection (2), a period when the employee was not employed by the entity or entities must be taken into account. 179 Periods of absence without pay that count as ‘service’ In this part, an employee’s absence without pay from employment is only counted as the employee’s service if— (a) the absence is as sick leave for not more than 3 months; or (b) the employee is paid for the absence under the Workers’ Compensation and Rehabilitation Act 2003 for an injury sustained by the employee; or (c) the absence is for leave (other than sick leave) of not more than 2 weeks granted by the employer; or (d) the employer has approved the inclusion of the period of the absence in the employee’s period of service for this part; or (e) the employee is a casual employee and section 178 applies. Subdivision 3 Calculation of entitlement 180 Calculation of long service leave (1) Long service leave is calculated at the rate of 1.3 weeks on the appropriate pay for each year of the employee’s continuous service. (2) The appropriate pay is— (a) for a full-time employee—at the full pay rate; and (b) for a part-time employee—at a proportionate amount of full pay rate; and (c) for a casual employee—the hourly rate for ordinary time payable to the employee— (i) if the employee takes the long service leave—on the day the employee starts the leave; or
s 181 108 Electricity Regulation 1994 s 182 (ii) if the employee’s employment is terminated—on the day the termination takes effect. (3) The minimum amount payable to a casual employee for long service leave is worked out using the formula— - a --- c -- t -- u ---- a --- l --- s -- e --- r -- v --- i -- c --- e - × - 1 --- 3 - × hourly rate 52 10 where— actual service means the total ordinary working hours actually worked by the employee during the employee’s period of continuous service. hourly rate means the hourly rate under subsection (2)(c). 181 Casual employees—conversion to full time equivalent (1) A State electricity entity may agree with a casual employee that the employees’s entitlement to long service leave may be taken in the form of its full-time equivalent. Example for subsection (1) If a casual employee— (a) is entitled to be paid for 290 hours long service leave; and (b) works under an award that provides for a full-time working week of 36.25 ordinary working hours; the employee and the employer may agree that the employee takes 8 weeks leave (290 ÷ 36.25 = 8). (2) This section applies subject to an industrial instrument about the employee’s long service leave. Division 2 Obtaining long service leave 182 Applications for long service leave An employee who has an entitlement to long service leave and wishes to take long service leave must make written application to the employer for the leave giving timely notice of the wish to start the leave.
s 183 109 Electricity Regulation 1994 s 186 183 Employer’s right to refuse or defer long service leave (1) An employer may refuse an employee’s application for long service leave if— (a) timely notice was not given; or (b) the granting of the leave applied for would be unreasonably detrimental to the work of the branch or section in which the applicant is employed. (2) If an application is refused, the employer must arrange with the employee for the leave applied for to be taken as soon as is mutually convenient. Division 3 Miscellaneous provisions 184 Minimum period The minimum period of long service leave that may be granted at a time is 2 weeks. 185 Employer’s right to recall an employee from leave (1) If special circumstances exist, an employer may cancel long service leave already granted or recall an employee to duty from long service leave. (2) If an employer acts under subsection (1), the employee has a discretion— (a) to agree with the employer to take the long service leave, or the balance of long service leave, at a mutually convenient time; or (b) to require the employer to credit the leave or balance of leave to undrawn long service leave entitlement. 186 Public holidays happening during long service leave If an employee is entitled under the employee’s terms of employment to a particular public holiday and the public holiday happens during a period when the employee is absent
s 187 110 Electricity Regulation 1994 s 187 on long service leave, a day is added to the employee’s period of leave. 187 Illness during long service leave (1) This section applies if, for a period of at least 1 week while an employee is on long service leave the employee, if the employee had not been on leave, could not have performed the employee’s normal duties because of illness or injury. (2) The employer must approve the granting of sick leave instead of long service leave for the period of the inability to perform normal duties if— (a) the employee makes written application for the leave; and (b) the employee produces a medical certificate from a doctor stating the employee, if the employee had not been on leave, could not have performed the employee’s normal duties because of illness or injury; and (c) the entire period mentioned in subsection (1) is covered by the medical certificate produced. (3) Subsection (2) may apply to more than 1 period of sick leave if subsection (2) is complied with for each period. (4) The period of sick leave granted instead of long service leave under subsection (2) (the adjusted period ) is the period for which the employee would have been absent on sick leave had the employee not been on long service leave. (5) If an employee is granted a period of sick leave under subsection (2)— (a) the day the employee is to resume duties after the long service leave is not affected; and (b) the adjusted period is added to the employee’s entitlement to long service leave. (6) As soon as practicable after being granted a period of sick leave under subsection (2), the employee may ask the employer for an extension of the period for which the employee is currently absent on long service leave. (7) If the employer agrees to the request—
s 188 111 Electricity Regulation 1994 s 189 (a) the period for which the employee is currently absent on long service leave is extended by the adjusted period; and (b) the employee’s entitlement to long service leave is not affected. (8) This section applies despite section 179 but subject to sections 183 and 185. 188 Payment of cash equivalent of long service leave (1) This section applies if, on the day an employee’s employment ends (the last day ), the employee is entitled to a period of long service leave. (2) The employer must make a payment instead of granting the employee the period of long service leave. (3) The amount of the payment is an amount equal to the amount that would have been paid to the employee if the employee had, on the last day, taken all long service leave to which the employee was entitled on the last day. (4) If the employee has not died, the employer must pay the amount to the employee on the last day. (5) If the employee has died, the employer must pay the amount as soon as is practicable— (a) to the persons (if any) who, the employer is satisfied, are completely or substantially dependent on the earnings of the employee; or (b) in other cases—to the employee’s personal representative. 189 Preservation of certain existing rights (1) This section applies to an employee (the affected employee ) who became a GOE industry employee on 1 January 1995 because of the Government Owned Corporations (QGC Corporatisation) Regulation 1994 or the Government Owned Corporations (QTSC Corporatisation) Regulation 1994 under the GOC Act and who, under the long service leave
s 190 112 Electricity Regulation 1994 s 191 arrangements of the Electricity Act 1976 , would have been entitled— (a) to a greater period of long service leave than the entitlement under this regulation; or (b) to an amount of cash equivalent of long service leave greater than the amount of cash equivalent of long service leave to which the employee is entitled under this part; or (c) either, to long service leave or to a cash equivalent of long service leave under the arrangements and is not entitled to long service leave or a cash equivalent of long service leave under this part. (2) If the affected employee complies with the appropriate sections of this part, the employee is entitled to be granted the greater period of long service leave or the long service leave or to be paid the amount of cash equivalent of long service leave that is greater in amount or the cash equivalent of long service leave to which the employee would have been entitled if the long service leave arrangements had remained in force. (3) The granting of long service leave or the payment of a cash equivalent of long service leave under this section is otherwise subject to this part. Part 6 Locality allowances 190 Application of pt 6 This part does not apply for a casual employee. 191 Allowance payable to a GOE industry employee with a dependent spouse or dependent child (1) A State electricity entity must pay a locality allowance to its employee who—
s 192 113 Electricity Regulation 1994 s 192 (a) is stationed at a centre in relation to which a locality allowance is payable under a directive issued under the Public Service Act 1996 ; and (b) proves to the satisfaction of the employer that the employee has a dependent spouse or dependent child. (2) The locality allowance is payable— (a) for a full-time employee—at the appropriate rate set out in the directive; and (b) for a part-time employee—at a proportionate amount of the rate payable under paragraph (a). (3) Subsection (2) is subject to section 193. 42 (4) An employee who is paid the locality allowance must notify the employer immediately an event affecting the entitlement to receive the allowance happens. 192 Allowance payable to other employees (1) A State electricity entity must pay a locality allowance to its employee (other than an employee who has a dependent spouse or dependent child) who is stationed at a centre in relation to which a locality allowance is payable under a directive issued under the Public Service Act 1996 . (2) The locality allowance is payable— (a) for a full-time employee—at one-half the appropriate rate set out in the directive; and (b) for a part-time employee—at a proportionate amount of the rate payable under paragraph (a). (3) If the State electricity entity is satisfied special circumstances exist, the entity may pay to the employee a greater locality allowance, not more than the locality allowance payable to an employee who has a dependent spouse or dependent child stationed at the same centre. 42 Section 193 (Allowance payable if both spouses are entitled)
s 193 114 Electricity Regulation 1994 s 195 193 Allowance payable if both spouses are entitled (1) This section applies to a GOE industry employee who— (a) is entitled to be paid a locality allowance under this part; and (b) has a spouse who— (i) is also entitled to be paid a locality allowance under this part; or (ii) is employed by the State or a State instrumentality and is also entitled to be paid a locality allowance under an Act. (2) The locality allowance payable to the GOE employee is as stated in section 192 and not as stated in section 191. 43 (3) This section applies whether or not the employee has a dependent child. 194 Allowance payable to an employee absent from headquarters on duty The locality allowance for a GOE industry employee must not be reduced because the employee is necessarily absent from headquarters overnight on duty and is given free board and accommodation or paid an away from home allowance in place of board and accommodation. 195 Allowance payable to an employee on leave (1) The locality allowance for a GOE industry employee must not be reduced because the employee is absent on recreation leave, sick leave or long service leave. (2) If the employee is absent on special leave, the employer may pay the allowance to the employee. (3) No locality allowance is payable to an employee who is absent on leave without pay. 43 Section 191 (Allowance payable to a GOE industry employee with a dependent spouse or dependent child)
s 196 115 Electricity Regulation 1994 s 197 196 Building projects where site allowance is paid If a GOE industry employee is stationed at a building project site and is paid a site allowance for employment at the site, the employer must, instead of paying the locality allowance prescribed by this part, pay to the employee— (a) the divisional allowance or district parity allowance, or both, generally applying at the building project site under awards of the Industrial Relations Commission; and (b) the site allowance payable; and (c) so much of the locality allowance prescribed by this part (if any) that is more than the total of the amounts under paragraphs (a) and (b). Part 7 Overtime payments 197 Overtime payments (1) This section applies to a GOE industry employee or AUSTA Energy Corporation Limited ACN 078 848 781 employee who is employed— (a) by an employer declared by the Governor in Council; and (b) for a salary of more than the amount declared by the Governor in Council. (2) The working of overtime by the employee, and the rate at which payment for the overtime is paid, is in the employer’s discretion.
s 198 116 Electricity Regulation 1994 s 199 Part 8 Provisions concerning electricity industry restructure Division 1 Continuation of employment 198 Continuation of employment if employer becomes a GOC (1) This section applies to a person if— (a) the person was a GOE industry employee immediately before the commencement; and (b) the person’s employer becomes a GOC under the— (i) Government Owned Corporations (QTSC Restructure—Stage 2) Regulation 1997 ; or (ii) Government Owned Corporations (QGC Restructure—Stage 2) Regulation 1997 ; and (c) the person continues to be employed by the GOC after the employer becomes a GOC. (2) To remove any doubt, the person’s employment is taken to have continued with the same employer despite— (a) the employer becoming a GOC; or (b) any change to the employer’s share capital, shareholding, legal personality or functions. Division 2 Redundant employees 199 Meaning of redundant and redundant employee for div 2 (1) This section states the meaning of redundant and redundant employee for this division. (2) An employee becomes redundant if the person’s employer no longer needs or has a substantially diminished need for services of a particular kind performed by the person. (3) A person is a redundant employee if—
s 200 117 Electricity Regulation 1994 s 200 (a) immediately before the commencement the person was employed by a State electricity entity; and (b) the person’s employment with the entity ends within 1 year of the commencement; and (c) the employment ended because the person was redundant; and (d) the person receives a redundancy payment from the entity. 200 Restriction on engaging redundant employees (1) A State electricity entity or AUSTA Energy Corporation Limited ACN 078 848 781 must not engage a redundant employee within the employee’s redundancy payment period unless— (a) the engagement is approved by the Minister; or (b) the employee has paid the Treasurer the reimbursement amount worked out under subsection (3). Maximum penalty—20 units. (2) The redundancy payment period— (a) begins when the employee became redundant; and (b) is the number of weeks used to calculate the employee’s redundancy payment. (3) The formula for working out the reimbursement amount is— a = b – (c x d) where— a is the reimbursement amount. b is the redundancy payment. c is the number of weeks from the employee’s redundancy to when the employee is next engaged by a State electricity entity. d is the weekly rate of pay used in calculating the employee’s redundancy payment.
s 201 118 Electricity Regulation 1994 s 202 (4) An approval under subsection (1)(a) may be given on conditions. (5) In this section— engage , a redundant employee, means employing or engaging— (a) the employee to perform services; or (b) another as a contractor, other than by public tender, to perform services if the other person directly or indirectly employs or engages the employee to perform the whole or part of the services. redundancy payment means a payment made to a person because the person became redundant, other than a payment for external training, leave entitlements or time-in-lieu of overtime. Chapter 8 Review of and appeals against decisions Part 1 Review of decisions 201 Who may apply for review etc. (1) A person whose interests are affected by a decision mentioned in schedule 5 may apply to the regulator for a review of the decision. (2) A person who may seek a review of a decision is entitled to receive a statement of reasons for the decision. 202 Applying for review (1) An application by a person for review of a decision must be made within 28 days after notice of the decision is given to the person.
s 203 119 Electricity Regulation 1994 s 204 (2) However, if— (a) the notice did not state reasons for the decision; and (b) the person asked for a statement of reasons for the decision within the period mentioned in subsection (1); the person may make the application within 28 days after the person is given the statement of reasons. (3) In addition, the regulator may extend the period for making an application for review. (4) An application for review must be written and state in detail the grounds on which the applicant seeks review of the decision. 203 Stay of operation of decision etc. (1) If an application is made under this part for review of a decision, the applicant may immediately apply for a stay of the decision to the Magistrates Court. (2) The court may stay the decision to secure the effectiveness of the review and any later appeal to the court. (3) A stay— (a) may be given on conditions the court considers appropriate; and (b) operates for the period fixed by the court; and (c) may be revoked or amended by the court. (4) The period of a stay under this section must not extend past the time when the regulator reviews the decision and any later period the court allows the applicant to enable the applicant to appeal against the regulator’s decision. (5) The making of an application under this part for review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed. 204 Decision on review (1) This section applies to an application under this part for review of a decision (the disputed decision ).
s 205 120 Electricity Regulation 1994 s 206 (2) The regulator may confirm the disputed decision, amend the disputed decision or substitute a new decision after considering the applicant’s representations. (3) The regulator must immediately give the applicant written notice of the regulator’s decision on the application. (4) If the decision is not the decision sought by the applicant, the notice must be an information notice. (5) If the regulator was not the decision maker and the regulator amends the decision or substitutes a new decision, the amended or substituted decision is, for this regulation (other than this part) taken to be a decision of the decision maker. Part 2 Appeals Division 1 Appeals against decisions on what is fair and reasonable 205 Who may appeal If the regulator makes a decision under section 80, 44 any party to the dispute may appeal against the decision. 206 Making appeal An appeal under section 205 must be made to the District Court as if the appeal was to the District Court under chapter 10, part 2 45 of the Act. 44 Section 80 (Dispute resolution) 45 Chapter 10, part 2 (Appeals) of the Act
s 207 121 Electricity Regulation 1994 s 208 Division 2 Appeals against certain decisions by regulator 207 Who may make an appeal (1) A person whose interests are affected by a decision of the regulator mentioned in schedule 6 may appeal against the decision to a Magistrates Court. (2) A person whose interests are affected by a decision of the person’s employer mentioned in schedule 7 may appeal against the decision to an Industrial Magistrates Court. (3) In this part— decision maker means the entity whose decision is appealed against. 208 Making appeals (1) An appeal under this part must be made within— (a) for an appeal against a decision of the regulator—28 days after the notice of the decision is given to the person; or (b) for an appeal against a decision of the person’s employer under chapter 7, part 4—3 months after the notice of the decision is given to the person. (2) However, if— (a) the notice did not state reasons for the decision; and (b) the person asked for a statement of reasons for the decision within the appropriate period mentioned in subsection (1); the person may make the application within 28 days after the person is given the statement of reasons. (3) In addition, the court may extend the period for making an appeal, even though the time for making the appeal has ended.
s 209 122 Electricity Regulation 1994 s 211 209 Starting appeals (1) An appeal is started by filing a written notice of appeal with the court. (2) A copy of the notice must be served on the decision maker. (3) An appeal may be made to the Magistrates Court or Industrial Magistrates Court nearest the place where the applicant resides or carries on business. 210 Stay of operation of decisions (1) A court may grant a stay of the decision to secure the effectiveness of the appeal. (2) A stay— (a) may be given on the conditions the court considers appropriate; and (b) operates for the period fixed by the court; and (c) may be revoked or amended by the court. (3) The period of a stay under this section must not extend past the time when the court decides the appeal. (4) An appeal against a decision affects the decision, or carrying out of the decision, only if the decision is stayed. 211 Powers of court on appeal (1) In deciding an appeal, a court— (a) has the same powers as the decision maker; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice; and (d) may hear the appeal in court or in chambers. (2) An appeal is by way of rehearing. (3) The court may— (a) confirm the decision; or (b) set aside the decision and substitute another decision; or
s 212 123 Electricity Regulation 1994 s 214 (c) set aside the decision and return the issue to the decision maker with the directions the court considers appropriate. 212 Effect of court’s decision on appeal If the court substitutes another decision, the substituted decision is, for this regulation (other than this chapter), taken to be the decision maker’s decision. 213 Procedure of court (1) In this section— authorising Act means— (a) for a Magistrates Court—the Magistrates Courts Act 1921 ; or (b) for an Industrial Magistrates Court—the Industrial Relations Act 1999 . (2) The power to make rules of court for a court under its authorising Act includes power to make rules of court for appeals to the court under this part. (3) The procedure for appeal to a court under this part is— (a) in accordance with its rules of court; or (b) in the absence of relevant rules, as directed by a magistrate or industrial magistrate. (4) The court may make any order about costs it considers just. 214 Appeals (1) An appeal to the District Court from a decision of a Magistrates Court may be made only on a question of law. (2) An appeal to the Industrial Court from a decision of an Industrial Magistrates Court may be made only on a question of law.
s 234 124 Electricity Regulation 1994 s 237 Chapter 9 General provisions Part 2 Market code appointments 234 Application of pt 2 This part applies to the appointment of a person to exercise powers and perform functions under the Market Code. 235 Electrical regions The Minister must decide the number and configuration of electrical regions. 236 Extended transmission regulation commencement The Minister may fix any extended transmission regulation commencement date for the State under the Market Code. 237 Jurisdictional Regulator The Jurisdictional Regulator for the State is to be the Queensland Competition Authority.
s 238 125 Electricity Regulation 1994 s 239 Part 3 Application of Freedom of Information Act and Judicial Review Act to State electricity entities 238 Commercial and excluded activities for Act, s 256 (1) For the definition excluded activities in section 256 46 of the Act, a community service obligation for the charging of customers by an electricity entity that is a State electricity entity in accordance with price equalisation, or at a price fixed by the Minister, is a prescribed community service obligation. (2) For section 256 of the Act, negotiations between the shareholding Ministers of an electricity entity that is a State authorised supplier and the electricity entity about costs and charges for the provision of electricity as a community service obligation is a commercial activity of the electricity entity. (3) For section 256(2) of the Act, the activities of the Queensland System Operator are declared to be activities conducted on a commercial basis. Part 4 Declared State electricity entities 239 Declarations—Act, ss 259A(1) and 299 (1) AUSTA Energy Corporation Limited ACN 078 848 781 is declared to be a State electricity entity for sections 256(2), 262 and 299 47 of the Act. 46 Section 256 (Application of Freedom of Information Act and Judicial Review Act) of the Act 47 Sections 256 (Application of Freedom of Information Act and Judicial Review Act), 262 (Membership of certain superannuation schemes continued) and 299 (Directions to State electricity entities) of the Act
s 240 126 Electricity Regulation 1994 s 243 (2) Queensland Transitional Power Trading Corporation is declared to be a State electricity entity for sections 256(2) and 299 of the Act. 240 Declarations—Act, s 259A(2) Each of the following entities are declared to be a State electricity entity for the employment conditions under chapter 7 of its employees— (a) Service Essentials Pty Ltd ACN 101 691 409; (b) SPARQ Solutions Pty Ltd ACN 110 073 400. 48 Part 6 Miscellaneous 241 Approved industry superannuation scheme On and from 1 July 1995 the Electricity Supply Industry Superannuation Fund (Qld) is an approved industry superannuation scheme. 242 Fees (1) The fees payable under the Act are in schedule 8. (2) Schedule 8, part 1 states the fees payable to the regulator for the matters stated in the part. (3) Schedule 8, part 2 states the maximum fees payable to an electricity entity for the matters stated in the part. 243 Forms The regulator may approve forms for use under the Act. 48 See section 259A(2) (Regulation may declare a State electricity entity) of the Act and chapter 7 (Employment in government owned electricity industry).
s 246 127 Electricity Regulation 1994 s 248 Part 8 Transitional provisions for Electricity Legislation Amendment Regulation (No. 1) 2002 246 Electric lines installed or operated before 1 October 2002 (1) This section applies to an electric line installed or operated immediately before 1 October 2002 under section 157 or 157A as in force immediately before that day. (2) On and from 1 October 2002, the electric line is taken to have been installed and to be operated under section 21(1) to (3). 49 247 Existing registrations of items of prescribed electrical equipment (1) This section applies to an existing registration in force immediately before the commencement of this section. (2) On the commencement, the registration is taken to have been given— (a) under chapter 6; and (b) despite section 132, 50 for the remainder of its term unless it is cancelled earlier. (3) In this section— existing registration means a registration, under the repealed electrical articles regulation , of an item of prescribed electrical equipment. 248 Existing approvals, notices, decisions and requirements given or made by regulator (1) This section applies to an approval, notice, decision or requirement given or made by the regulator under chapter 3 of 49 Section 21 (Installation and operation of electric line beyond person’s property) 50 Section 132 (Term of registration)
s 249 128 Electricity Regulation 1994 s 250 the repealed electrical articles regulation and in force immediately before the commencement of this section. (2) On the commencement, the approval, notice, decision or requirement is taken to have been given or made by the regulator under chapter 6 of this regulation. 249 Existing applications An application made by a person under chapter 3 of the repealed electrical articles regulation before the commencement of this section, and not decided before the commencement, is taken to have been made under chapter 6 of this regulation. 250 Unfinished appeals An appeal that has been started under chapter 4 of the repealed electrical articles regulation and not finished before the commencement of this section continues as if it were an appeal made under chapter 8, part 2 of this regulation.
129 Electricity Regulation 1994 Schedule 1 Maximum permitted rating of electric motors sections 87 and 88(1) Locality Maximum rating Aurukun 16kW Badu Island 11kW Bamaga 38kW Boigu Island 10kW Boulia 16kW Burketown 8kW Camooweal 8kW Coconut Island 10kW Coen 13kW Darnley Island 5kW Dauan Island 5kW Doomadgee 33kW Gununa 16kW Hammond Island 4kW Kowanyama 16kW Lockhart River 16kW Mabuiag Island 4kW Mapoon 9kW Moa Island (Kubin and St Pauls communities) 10kW
130 Electricity Regulation 1994 Schedule 1 (continued) Locality Murray Island Palm Island Pormpuraaw Saibai Island Stephens Island Warraber Island Wasaga Yam Island Yorke Island Maximum rating 10kW 38kW 16kW 5kW 4kW 4kW 16kW 10kW 10kW
131 Electricity Regulation 1994 Schedule 2 Other contestable customers section 102 Customer Australian Magnesium Corporation Pty Ltd (ACN 058 918 175) CS Energy Limited (ACN 078 848 745) Queensland Transitional Power Trading Corporation Stanwell Corporation Limited (ACN 078 848 674) Sun Metals Corporation Pty Ltd (ACN 074 241 982) Tarong Energy Limited (ACN 078 848 736) Premises Magnesium metal demonstration plant at Reid Road, Gladstone Callide A and B power stations Middle Ridge power station Swanbank power station Gladstone power station Barron Gorge power station Kareeya power station Mackay gas turbine facility Rockhampton gas turbine facility Stanwell power station Townsville zinc smelter Tarong power station Wivenhoe power station
132 Electricity Regulation 1994 Schedule 3 Special approval holders treated as electricity entities section 123 Column 1 Special approval holder 1 The holder of a special approval authorising the holder to provide electricity to a customer 2 The holder of a special approval under chapter 4, part 3 of this regulation 3 Country Energy, under special approval no. SA 21/98 Column 2 Provisions of Act chapter 2, part 2 a chapter 5, part 4 b chapter 5, parts 1, 1B, 1C and 3A c a Chapter 2, part 2 (Customers and contestable customers) of the Act b Chapter 5, part 4 (Disciplinary action against electricity entities) of the Act c Chapter 5, parts 1 (Regulator) and 1C (Disputes referred to energy arbitrator) of the Act
133 Electricity Regulation 1994 Schedule 4 Prescribed electrical equipment and relevant standards schedule 9, definitions prescribed electrical equipment and relevant standard Part 1 Equipment requiring registration and labelling Prescribed electrical equipment 1 Clothes washing machines 2 Dishwashers 3 Refrigerating appliances Relevant standard AS/NZS 2040—Performance of household electrical appliances—clothes washing machines, part 1 Energy consumption and performance and part 2 Energy labelling requirements AS/NZS 2007—Dishwashers, part 1 Energy consumption and performance and part 2 Energy labelling requirements AS/NZS 4474—Performance of household electrical appliances—refrigerating appliances, part 1 Energy consumption and performance and part 2 Energy labelling and minimum performance standard requirements
134 Electricity Regulation 1994 Schedule 4 (continued) Prescribed electrical equipment Relevant standard 4 Single phase refrigerative AS/NZS 3823—Performance of airconditioners and heat pumps electrical appliances— Airconditioners and heat pumps, part 1.1 Non-ducted airconditioners and heat pumps—testing and rating for performance and part 2 Energy labelling and minimum energy performance standard (MEPS) requirements 5 Rotary clothes dryers AS/NZS 2442—Performance of household electrical appliances—Rotary clothes dryers, part 1 Energy consumption and performance and part 2 Energy labelling requirements 6 Fluorescent lamp ballasts AS/NZS 4783—Performance of electrical lighting equipment—Ballasts for fluorescent lamps, part 1 Method of measurement to determine energy consumption and performance of ballasts lamp circuits, and part 2 Energy labelling and minimum energy performance standards requirements
135 Electricity Regulation 1994 Part 2 Schedule 4 (continued) Equipment requiring registration only Prescribed electrical equipment Relevant standard 1 Storage water heaters that are AS 1056—Storage water heaters, unvented and have no attached part 1 General requirements, clause feed tank 2.4 Thermal insulation 2 Three-phase cage induction motors AS/NZS 1359—Rotating electrical machines—General requirements, part 5 High efficiency and minimum energy performance standards requirements. 3 Double-capped fluorescent lamps AS/NZS 4782—Double-capped fluorescent lamps—Performance specifications, part 1 General and part 2 Minimum energy performance standard (MEPS) 4 Refrigerated display cabinets AS/NZS 1731—Refrigerated display cabinets, part 1 Terms and definitions and part 14 Minimum energy performance standard (MEPS) requirements 5 Power transformers AS/NZS 2374—Power transformers, part 1 General and part 1.2 Minimum energy performance standard (MEPS) requirements for distribution transformers
136 Electricity Regulation 1994 Part 3 Schedule 4 (continued) Equipment requiring registration that may be labelled Prescribed electrical equipment 1 Room airconditioners with 3-phase motors Relevant standard AS/NZS 3823—Performance of electrical appliances— Airconditioners and heat pumps, part 1.2 Ducted airconditioners and air-to-air heat pumps—testing and rating for performance and part 2 Energy labelling and minimum energy performance standard (MEPS) requirements.
137 Electricity Regulation 1994 Schedule 5 Review of decisions by the regulator section 201 Section 12(6) 33(2)(a) 33(2)(b) 33(2)(c) 33(2)(d) 34 38 39 42(2) 44(2) Description of decision Facilities electricity entity decides are necessary to attach an overhead service line to the customer’s premises or for the entrance, support, protection and termination of an underground service line Requirement by distribution entity for customer to regulate the use of an electrical article Requirement by distribution entity for customer to use or deal with electricity supplied in the stated way Requirement by distribution entity for customer to ensure a motor installation or starting device connected to a source of electricity supply complies with the requirements of the regulator Requirement by distribution entity for customer about the power factor of an electrical installation Refusal by distribution entity to provide customer connection services to customer’s electrical installation Requirement by distribution entity for changes to a customer’s electrical installation Requirement by distribution entity for provision of links for connecting meters to an incoming supply Requirement by distribution entity about space, housing, mounting and connecting facilities for a meter or control apparatus Requirement by distribution entity for provision of safe access
Section 44(3) 49(1) 49(2) 52(1) 52(2) 56(2) 138 Electricity Regulation 1994 Schedule 5 (continued) Description of decision Action by distribution entity to install remote measuring or other equipment or to disconnect supply of electricity to a customer’s premises Adjustment by distribution entity of accounts for customer connection services Adjustment by retail entity of accounts for customer retail services Adjustment by distribution entity of accounts for customer connection services Adjustment by retail entity of accounts for customer retail services Requirement by distribution entity for provision of space for a substation, a right of way or access to the supplier’s equipment
139 Electricity Regulation 1994 Schedule 6 Appeals against administrative decisions to Magistrates Court section 207(1) Section 21(4) 129(1) 134(2) 137(2) 139(1) 204 Description of decision Direction by the regulator to a person to take away an electric line Refusal to register an item of prescribed electrical equipment Refusal to change an energy efficiency label Refusal to approve transfer of registration of item of prescribed electrical equipment Decision to cancel a registration of item of prescribed electrical equipment Decision by the regulator on review
140 Electricity Regulation 1994 Schedule 7 Appeals against administrative decisions to Industrial Magistrates Court section 207(2) Section 175 Description of decision Decision of new employer on recognition of previous service by GOE industry employee
141 Electricity Regulation 1994 Schedule 8 Fees section 242 Part 1 Regulator $ 1 Application for generation authority (section 179 of the Act) . . . . . . . . . 250.00 plus reasonable costs incurred by the regulator in investigating whether the authority should be issued 2 Application for transmission authority (section 188 of the Act) . . 250.00 plus reasonable costs incurred by the regulator in investigating whether the authority should be issued 3 Application for distribution authority (section 196 of the Act) . . 250.00 plus reasonable costs incurred by the regulator in investigating whether the authority should be issued 4 Application for retail authority (sections 204 and 207D of the Act). 250.00 plus reasonable costs incurred by the regulator in investigating whether the authority should be issued 5 Application for special approval (section 209 of the Act) . . . . . . . . . 250.00 plus reasonable costs incurred by the regulator in investigating whether the approval should be issued 6 Application for transfer of a generation, transmission or distribution authority or special approval (sections 184A, 193A, 201A and 212A of the Act). . . . . . . 100.00
142 Electricity Regulation 1994 Schedule 8 (continued) 7 Application for registration of an item of prescribed electrical equipment (section 128) . . . . . . . . . 8 Application for approval of a change to an energy efficiency label (section 134) . . . . . . . . . . . . . . . . . . 9 Application for transfer of registration of an item of prescribed electrical equipment (section 137) . 10 Inspection of the register (section 144) . . . . . . . . . . . . . . . . . . . . . . . . . 11 Copy of 1 entry in the register (section 144) . . . . . . . . . . . . . . . . . . $ 150.00 150.00 50.00 10.00 20.00 Part 2 Electricity entities $ 1 Disconnection and reconnection of supply of electricity to a customer after disconnection under section 31— (a) if the reconnection is made during ordinary business hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27.45 (b) if the reconnection is made outside ordinary business hours at the customer’s request . . . . . . . . . . . . . . . . . . 65.85 2 Testing of a meter by the distribution entity (section 45) . . 10.95 3 Inspection and testing of a meter by a competent person (section 50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.80
143 Electricity Regulation 1994 Part 3 Division 1 Schedule 8 (continued) Fees for chapter 5A of the Act Accreditation Nameplate capacity of accredited power station or proposed accredited power station Application fee Annual fee (Act, s (Act, s 135AM(1)(j)(ii)) 135BE(1)(b)) 1MW or less. . . . . . . . . . . . . . . . . . . . . . . . . more than 1MW but less than 10MW . . . . . 10MW or more but less than 30MW . . . . . . 30MW or more but less than 100MW . . . . . 100MW or more . . . . . . . . . . . . . . . . . . . . . $ 250.00 1 000.00 2 000.00 3 000.00 4 000.00 $ 250.00 500.00 1 000.00 1 500.00 2 000.00 Division 2 GEC creation fee Fee (under Act, s 135DH(1)(a)(i)) for regulator to decide whether GEC was validly created—for each GEC . . . . . . . $ 0.15 Division 3 Exempted loads Type of exemption Application Annual fee fee (Act, s 135HF(1)(b)) $ $ State development exemption (under Act, ch 5A, pt 5, div 6, sdiv 2) . . . . . . . . . . . . . . . . . . . . 3 000.00 500.00 Renewable energy exemption (under Act, ch 5A, pt 5, div 6, sdiv 3) . . . . . . . . . . . . . . . . . . . . . . . 250.00 100.00 Auxiliary load exemption (under Act, ch 5A, pt 5, div 6, sdiv 4) . . . . . . . . . . . . . . . . . . . . . . . . . 250.00 100.00
144 Electricity Regulation 1994 Division 4 Schedule 8 (continued) Scheme participants $ Application fee (Act, s 135I(3)). . . . . . . . . . . . . . . . . . . . . . . . 250.00 Annual fee (Act, s 135IC(2)) . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00
145 Electricity Regulation 1994 Schedule 9 Dictionary section 2 affected customer , for a suspended retail entity, means a person who, immediately before the retail entity became a suspended retail entity, was a customer of the retail entity. approved form means a form approved by the regulator under section 243. AS/NZS means a joint Standards Australia and Standards New Zealand standard. casual employee means a GOE industry employee mentioned in section 178. check testing , for an item of prescribed electrical equipment, see section 147. competent person see section 50. consumers terminals means the point where a customer’s electrical installation is connected to the relevant supplier’s works.- cooling-off period , for chapter 3, part 6, division 1, subdivision 4, see section 100B. corresponding law , for chapter 6, means 1 of the following laws— Electrical Products Act 2000 (SA) Electricity Safety Act 1945 (NSW) Electricity Safety Act 1998 (Vic). customer’s generating plant for emergency supply means a private plant installed on a customer’s premises as part of the customer’s electrical installation to provide a supply of electricity to the electrical installation if the supply of electricity from a supplier is interrupted. distribution entity , for an electrical installation or premises, means the distribution entity who provides customer connection services to the electrical installation or premises.
146 Electricity Regulation 1994 Schedule 9 (continued) EGTS award see section 156. electrical appliance means an appliance that uses electricity. electrical installation includes part of an electrical installation. electricity industry employee , for a state electricity entity, means a person— (a) who is employed by the entity; and (b) whose employment is— (i) in, or relates to, the electricity industry; and (ii) under a classification and salary level or point mentioned in the ESIE award or EGTS award. 51 employment entitlement , for chapter 7, see section 155B. ESIE award see section 156. former employer , for chapter 7, part 3, see section 168. former employment , for chapter 7, part 4, see section 174. future employer , for chapter 7, see section 155C(2)(d). GOE industry means all State electricity entities collectively, including entities declared to be State electricity entities under section 240. GOE industry employee means— (a) a person employed by a State electricity entity, including an entity declared to be a State electricity entity under section 240, in a full-time, part-time or casual capacity; and (b) includes the chief executive officer of the entity. high voltage means a voltage of more than 1000V. host retail entity , for chapter 3, part 2, division 2, means— 51 See the ESIE award, part 3 (Definition, wages, allowances) and the EGTS award, part 3 (Definitions, salaries, allowances).
147 Electricity Regulation 1994 Schedule 9 (continued) (a) generally—the retail entity in whose retail area the premises covered by the contract are located; or (b) for the supply area described in Country Energy’s special approval no. SA21/98—Country Energy. industrial instrument , for chapter 7, part 2, see section 156. Industrial Relations Act means the Industrial Relations Act 1999 . Industrial Relations Commission means the Queensland Industrial Relations Commission continued in existence under section 255 of the Industrial Relations Act. information notice , for an action or decision of the regulator, means a notice stating each of the following— (a) the action or decision; (b) the reasons for the action or decision; (c) that the applicant may appeal against the action or decision to a Magistrate’s Court within 28 days after receiving the information notice. insolvency official means an administrator, liquidator, provisional liquidator, receiver or receiver and manager. locality allowance means an allowance payable to an employee stationed in a centre distant from Brisbane to assist in offsetting the disadvantages associated with residence in the centre. loss factor see the Market Code, chapter 10. lot , for chapter 3, part 6, division 1, see section 91. low voltage means a voltage of not more than 1000V. Market Code instrument means a guideline, power system operating procedure or other procedure, protocol or standard made under the Market Code. new employer , for chapter 7, part 3, see section 168. new employment , for chapter 7, part 4, see section 174. owner , for chapter 3, part 1, division 3, see section 55.
148 Electricity Regulation 1994 Schedule 9 (continued) prescribed electrical equipment means an item of electrical equipment stated in schedule 4, column 1, as defined in the relevant standard. previous employer , for chapter 7, see section 155C(2)(a). proportionate amount , for chapter 7, see section 166. proposed transferee , for prescribed electrical equipment, see section 137. redundancy payment , for chapter 7, see section 155B. redundant (a) for chapter 7 generally—see section 155C(1); or (b) for chapter 7, part 8, division 2—see section 199(2). redundant employee (a) for chapter 7 generally—see section 155C(2); or (b) for chapter 7, part 8, division 2—see section 199(3). register means the register kept by the regulator under section 143. registered owner , for chapter 3, part 6, division 1, see section 91. relevant award , for chapter 7, part 2, see section 159. relevant distribution entity , for chapter 3, part 6, division 1, see section 91. relevant standard , for an item of prescribed electrical equipment, means the standard stated in schedule 4 for the equipment item. relevant supplier means the distribution entity or the special approval holder who provides customer connection services to the electrical installation or premises. repealed electrical articles regulation means the repealed Electricity (Electrical Articles) Regulation 1994. retail entity , for an electrical installation or premises, means the retail entity who provides customer retail services to the electrical installation or premises.
149 Electricity Regulation 1994 Schedule 9 (continued) service line means an electric line that— (a) forms part of the works of a relevant supplier; and (b) connects consumers terminals to— (i) other parts of the relevant supplier’s works; or (ii) the works of another electricity entity. single premises see section 92. State electricity entity , for chapter 7, see section 155B. statutory customer sale contract , for chapter 3, part 2, division 2, means a contract taken, under section 70, to have been entered into between the host retail entity for that division and an affected customer. suitable alternative employment, for chapter 7, see section 155D. supplier means a distribution entity or special approval holder who provides customer connection services to an electrical installation or premises. suspended retail entity means a retail entity suspended, under the Market Code, clause 3.15.21(c), from trading. transfer day , for chapter 7, part 3, see section 168(3). transferred employee , for chapter 7, part 3, see section 167. translation principles , for chapter 7, part 2, see section 156. wiring rules means the Australian/New Zealand Standard AS/NZS 3000—Electrical installations (known as the Australian/New Zealand Wiring Rules).
150 Electricity Regulation 1994 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .150 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .152 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .152 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .157 8 Information about retrospectivity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .205 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 7 October 2005. Future amendments of the Electricity Regulation 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49.
151 Electricity Regulation 1994 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 2 2A 2B 2C 2D 2E 3 3A 3B 4 4A 4B 4C 5 5A Amendments to none to 1995 SL No. 289 to 1996 SL No. 130 to 1996 SL No. 253 to 1997 SL No. 17 to 1997 SL No. 224 to 1997 SL No. 313 to 1998 SL No. 53 to 1998 SL No. 260 to 1998 SL No. 349 to 1998 SL No. 349 to 1999 SL No. 42 to 1999 SL No. 141 to 1999 SL No. 286 to 2000 SL No. 35 to 2000 SL No. 149 Effective 1 January 1995 20 October 1995 14 June 1996 27 September 1996 1 February 1997 25 July 1997 1 October 1997 27 March 1998 25 September 1998 18 December 1998 18 December 1998 2 April 1999 30 June 1999 31 December 1999 10 March 2000 1 July 2000 Reprint date 25 January 1995 21 December 1995 29 July 1996 6 November 1996 9 May 1997 1 August 1997 21 October 1997 1 April 1998 20 November 1998 8 January 1999 5 March 1999 12 April 1999 2 July 1999 14 February 2000 4 April 2000 11 July 2000
152 Electricity Regulation 1994 Reprint No. 5B 5C 5D 6 6A 6B Amendments to to 2000 SL No. 262 to 2000 SL No. 309 to 2000 SL No. 315 to 2001 SL No. 69 to 2001 SL No. 138 to 2002 SL No. 61 Reprint No. 6C 6D 6E rv 7 rv 7A 7B 7C 7D 8 8A 8B 8C rv 8D rv 8E rv 8F 9 9A Amendments included 2002 SL No. 147 2002 SL No. 180 2002 SL No. 245 2002 SL No. 304 2003 SL No. 54 2003 SL No. 103 2003 SL No. 123 2003 SL No. 119 2003 SL No. 314 2004 SL No. 75 2004 SL No. 223 2004 SL No. 279 2004 SL No. 314 2005 SL No. 86 2005 SL No. 252 Effective 13 October 2000 1 December 2000 15 December 2000 15 June 2001 17 August 2001 12 April 2002 Effective 1 August 2002 1 September 2002 1 October 2002 1 October 2002 1 April 2003 30 May 2003 20 June 2003 1 July 2003 1 July 2003 5 December 2003 1 July 2004 22 October 2004 10 December 2004 17 December 2004 13 May 2005 13 May 2005 7 October 2005 Reprint date 18 October 2000 6 December 2000 15 December 2000 3 August 2001 24 August 2001 16 April 2002 Notes R7D withdrawn, see R8 R8F withdrawn, see R9 5 Tables in earlier reprints Name of table Changed citations and remade laws Corrected minor errors Reprint No. 2 7 6 List of legislation Electricity Regulation 1994 SL No. 468 made by the Governor in Council on 15 December 1994 notfd gaz 16 December 1994 pp 1792–7 commenced on commencement of Act (1 January 1995 (see AIA s 17)) exp 31 August 2006 (see SIA s 56A(1)(a)(i) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation—
153 Electricity Regulation 1994 Electricity Amendment Regulation (No. 1) 1995 SL No. 208 notfd gaz 22 June 1995 pp 1281A–D ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1995 (see s 2) Electricity Amendment Regulation (No. 2) 1995 SL No. 221 notfd gaz 30 June 1995 pp 1475–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1995 (see s 2) Electricity Amendment Regulation (No. 3) 1995 SL No. 235 notfd gaz 18 August 1995 pp 2084–6 commenced on date of notification Electricity Amendment Regulation (No. 4) 1995 SL No. 289 notfd gaz 20 October 1995 pp 753–4 commenced on date of notification Electricity Amendment Regulation (No. 5) 1995 SL No. 375 notfd gaz 15 December 1995 pp 1560–5 ss 1, 3 commenced on date of notification remaining provisions commenced 1 January 1996 (see s 3) Electricity Amendment Regulation (No. 1) 1996 SL No. 86 notfd gaz 3 May 1996 pp 462–3 commenced on date of notification Electricity Amendment Regulation (No. 2) 1996 SL No. 130 notfd gaz 14 June 1996 pp 987–9 commenced on date of notification Electricity Amendment Regulation (No. 3) 1996 SL No. 253 notfd gaz 27 September 1996 pp 347–9 commenced on date of notification Electricity Amendment Regulation (No. 1) 1997 SL No. 7 notfd gaz 24 January 1997 pp 284–5 commenced on date of notification WorkCover Queensland Regulation 1997 SL No. 17 ss 1–2, 47 sch 6 notfd gaz 31 January 1997 pp 376–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 February 1997 (see s 2) Electricity Amendment Regulation (No. 2) 1997 SL No. 157 notfd gaz 20 June 1997 pp 879–82 commenced on date of notification Electricity Amendment Regulation (No. 3) 1997 SL No. 179 notfd gaz 27 June 1997 pp 1004–1010 commenced on date of notification Electricity Amendment Regulation (No. 4) 1997 SL No. 220 notfd gaz 18 July 1997 pp 1351–2 commenced on date of notification
154 Electricity Regulation 1994 Electricity Amendment Regulation (No. 5) 1997 SL No. 224 notfd gaz 25 July 1997 pp 1462–3 commenced on date of notification Electricity Amendment Regulation (No. 6) 1997 SL No. 300 notfd gaz 12 September 1997 pp 160–1 commenced on date of notification Electricity Amendment Regulation (No. 7) 1997 SL No. 313 notfd gaz 26 September 1997 pp 354–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 October 1997 (see s 2) Electricity Amendment Regulation (No. 8) 1997 SL No. 473 notfd gaz 19 December 1997 pp 1770–77 s 16 never proclaimed into force and rep 1998 SL No. 17 s 4 remaining provisions commenced on date of notification Electricity Legislation Amendment Regulation (No. 1) 1998 SL No. 17 notfd gaz 27 February 1998 pp 884–6 commenced on date of notification Electricity Amendment Regulation (No. 1) 1998 SL No. 53 notfd gaz 27 March 1998 pp 1310–12 commenced on date of notification Electricity Amendment Regulation (No. 2) 1998 SL No. 251 notfd gaz 11 September 1998 pp 145–7 commenced on date of notification Electricity Amendment Regulation (No. 3) 1998 SL No. 260 notfd gaz 25 September 1998 pp 327–9 commenced on date of notification Electricity Amendment Regulation (No. 4) 1998 SL No. 327 notfd gaz 11 December 1998 pp 1376–7 ss 1–2 commenced on date of notification remaining provisions commenced 13 December 1998 (see s 2) Electricity Amendment Regulation (No. 5) 1998 SL No. 349 notfd gaz 18 December 1998 pp 1551–7 commenced on date of notification Electricity Amendment Regulation (No. 1) 1999 SL No. 21 notfd gaz 12 March 1999 pp 1030–1 commenced on date of notification Electricity Amendment Regulation (No. 2) 1999 SL No. 42 notfd gaz 26 March 1999 pp 1450–3 ss 1–2 commenced on date of notification remaining provisions commenced 2 April 1999 (see s 2) Electricity Amendment Regulation (No. 3) 1999 SL No. 75 notfd gaz 7 May 1999 pp 90–1 commenced on date of notification
155 Electricity Regulation 1994 Electricity Amendment Regulation (No. 4) 1999 SL No. 141 notfd gaz 25 June 1999 pp 932–8 ss 4–7 commenced 30 June 1999 (see s 2) remaining provisions commenced on date of notification Electricity Amendment Regulation (No. 5) 1999 SL No. 169 notfd gaz 23 July 1999 pp 1792–3 commenced on date of notification Road Transport Reform Regulation 1999 SL No. 286 ss 1, 2(2), 4 sch 2 notfd gaz 19 November 1999 pp 1149–52 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 1999 (see s 2(2)) Electricity Amendment Regulation (No. 1) 2000 SL No. 35 notfd gaz 10 March 2000 pp 971–2 commenced on date of notification Mines and Energy Legislation Amendment Regulation (No. 1) 2000 SL No. 149 pts 1–2 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced on 1 July 2000 (see s 2) Electricity Legislation Amendment Regulation (No. 1) 2000 SL No. 250 pts 1, 3 notfd gaz 22 September 2000 pp 313–4 commenced on date of notification Electricity Amendment Regulation (No. 2) 2000 SL No. 262 notfd gaz 13 October 2000 pp 565–6 commenced on date of notification Electricity Amendment Regulation (No. 3) 2000 SL No. 309 notfd gaz 1 December 2000 pp 1289–90 commenced on date of notification Electricity Amendment Regulation (No. 4) 2000 SL No. 315 notfd gaz 8 December 2000 pp 1374–7 ss 1, 3–4 commenced on date of notification (see s 3(1)) remaining provisions commenced 15 December 2000 (see s 3(2)(b)) Electricity Amendment Regulation (No. 1) 2001 SL No. 69 notfd gaz 15 June 2001 pp 633–4 commenced on date of notification Electricity Amendment Regulation (No. 2) 2001 SL No. 138 notfd gaz 17 August 2001 pp 1455–6 commenced on date of notification Electricity Amendment Regulation (No. 1) 2002 SL No. 61 notfd gaz 12 April 2002 pp 1394–5 commenced on date of notification
156 Electricity Regulation 1994 Electricity Amendment Regulation (No. 2) 2002 SL No. 147 notfd gaz 21 June 2002 pp 783–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 August 2002 (see s 2) Electricity Amendment Regulation (No. 3) 2002 SL No. 180 notfd gaz 12 July 2002 pp 1064–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2002 (see s 2) Note—A regulatory impact statement and explanatory note were prepared Electricity Legislation Amendment Regulation (No. 1) 2002 SL No. 245 pts 1–2, s 3 sch 1, s 30 sch 2 notfd gaz 27 September 2002 pp 340–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 October 2002 (see s 2) Revenue and Other Legislation Amendment Regulation (No. 2) 2002 SL No. 304 ss 1–2(1), 10 sch notfd gaz 22 November 2002 pp 1018–21 ss 1–2 commenced on date of notification remaining provisions commenced 1 October 2002 immediately after the commencement of 2002 SL No. 245 Discrimination Law (Marital Status) Amendment Regulation (No. 1) 2003 SL No. 54 ss 1–3 sch notfd gaz 28 March 2003 pp 1125–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 April 2003 (see s 2) Electricity Amendment Regulation (No. 1) 2003 SL No. 103 notfd gaz 30 May 2003 pp 371–6 commenced on date of notification Note—A national regulatory impact statement was prepared Workers’ Compensation and Rehabilitation Regulation 2003 SL No. 119 ss 1–2, 121 sch 7 notfd gaz 20 June 2003 pp 633–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) Electricity Amendment Regulation (No. 2) 2003 SL No. 123 notfd gaz 20 June 2003 pp 633–6 commenced on date of notification Electricity Amendment Regulation (No. 3) 2003 SL No. 314 notfd gaz 5 December 2003 pp 1114–7 commenced on date of notification Electricity Amendment Regulation (No. 1) 2004 SL No. 75 notfd gaz 11 June 2004 pp 445–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2)
157 Electricity Regulation 1994 Electricity Amendment Regulation (No. 2) 2004 SL No. 223 notfd gaz 22 October 2004 pp 657–8 commenced on date of notification Electricity Amendment Regulation (No. 3) 2004 SL No. 279 notfd gaz 10 December 2004 pp 1195–8 commenced on date of notification Electricity Amendment Regulation (No. 4) 2004 SL No. 314 notfd gaz 17 December 2004 pp 1277–85 commenced on date of notification Electricity Amendment Regulation (No. 1) 2005 SL No. 86 notfd gaz 13 May 2005 pp 149–50 commenced on date of notification Electricity Amendment Regulation (No. 2) 2005 SL No. 252 notfd gaz 7 October 2005 commenced on date of notification 7 List of annotations CHAPTER 1—PRELIMINARY Definitions s 2 sub 2002 SL No. 245 s 4 Purposes s 3 amd 1997 SL No. 313 s 4; 1997 SL No. 473 s 4 sub 2002 SL No. 245 s 4 How purposes are to be achieved s 4 amd 1997 SL No. 179 s 3; 1997 SL No. 313 s 5; 2000 SL No. 35 s 3; 2002 SL No. 245 s 5 Words have the same meaning as in wiring rules s 5 amd 1997 SL No. 220 s 3; 2000 SL No. 250 s 8; 2002 SL No. 245 ss 6, 3 sch 1 Way of describing electrical articles and appliances s 6 prev s 6 om 2002 SL No. 245 s 3 sch 1 pres s 6 (prev s 5A) ins 2002 SL No. 245 s 7 renum 2002 SL No. 245 s 30 sch 2 CHAPTER 2—TECHNICAL REQUIREMENTS ch hdg prev ch 2 hdg om 2002 SL No. 245 s 3 sch 1 pres ch 2 hdg (prev ch 3 hdg) sub 1997 SL No. 179 s 7 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 PART 1—PRELIMINARY pt hdg prev pt 1 hdg sub 1997 SL No. 179 s 7 om 2002 SL No. 245 s 3 sch 1 pres pt 1 hdg ins 2003 SL No. 123 s 3 renum 2003 SL No. 123 s 4
158 Electricity Regulation 1994 Application of ch 2 s 6A ins 2003 SL No. 123 s 3 PART 2—DESIGN, BUILDING AND MAINTENANCE OF ELECTRIC LINES AND WORKS pt hdg prev pt 2 hdg om 2002 SL No. 245 s 3 sch 1 pres pt 2 hdg (prev ch 3, pt 1 hdg) renum 2002 SL No. 245 s 30 sch 2 (prev pt 1 hdg) renum 2003 SL No. 123 s 4 Division 1—Compliance with part div hdg (prev ch 3, pt 1, div 1 hdg) sub 1997 SL No. 179 s 8 Compliance with this part s 7 prev s 7 amd 1998 SL No. 349 s 3 om 2002 SL No. 245 s 3 sch 1 pres s 7 (prev s 87) renum 2002 SL No. 245 s 30 sch 2 Division 2—Earthing, frequency and voltage div hdg (prev ch 3, pt 1, div 2 hdg) sub 2002 SL No. 245 s 3 sch 1 Systems of earthing s 8 prev s 8 om 2002 SL No. 245 s 3 sch 1 pres s 8 (prev s 88) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Standard frequency and voltage s 9 prev s 9 om 2002 SL No. 245 s 3 sch 1 pres s 9 (prev s 94) renum 2002 SL No. 245 s 30 sch 2 Supply at high voltage s 10 prev s 10 amd 1997 SL No. 179 s 4; 1997 SL No. 220 s 4; 1998 SL No. 349 s4 om 2002 SL No. 245 s 3 sch 1 pres s 10 (prev s 95) renum 2002 SL No. 245 s 30 sch 2 Changes of voltage at customer’s consumers terminals s 11 prev s 11 om 2002 SL No. 245 s 3 sch 1 pres s 11 (prev s 96) renum 2002 SL No. 245 s 30 sch 2 Division 3—Service lines div hdg (prev ch 3, pt 1, div 6 hdg) renum 2002 SL No. 245 s 30 sch 2 Service lines on customer’s premises s 12 prev s 12 amd 1995 SL No. 289 s 3 om 2002 SL No. 245 s 3 sch 1 pres s 12 (prev s 110) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Division 4—Maintenance of works div hdg (prev ch 3, pt 1, div 7 hdg) renum 2002 SL No. 245 s 30 sch 2 Maintenance of works s 13 prev s 13 om 2002 SL No. 245 s 3 sch 1 pres s 13 (prev s 115) amd 2002 SL No. 245 8 renum 2002 SL No. 245 s 30 sch 2
159 Electricity Regulation 1994 Clearing and lopping of trees on non-freehold land s 14 prev s 14 ins 1997 SL No. 220 s 10 om 2002 SL No. 245 s 3 sch 1 pres s 14 (prev s 116A) renum 2002 SL No. 245 s 30 sch 2 amd 2003 SL No. 123 s 5 Division 5—Works on publicly controlled places div hdg (prev ch 3, pt 1, div 8 hdg) renum 2002 SL No. 245 s 30 sch 2 Notice to be given to public entity s 15 prev s 15 om 2002 SL No. 245 s 3 sch 1 pres s 15 (prev s 118) renum 2002 SL No. 245 s 30 sch 2 Electricity entity must comply with public entity’s requirements s 16 prev s 16 om 2002 SL No. 245 s 3 sch 1 pres s 16 (prev s 119) renum 2002 SL No. 245 s 30 sch 2 Guarding of work on publicly controlled place s 17 prev s 17 om 2002 SL No. 245 s 3 sch 1 pres s 17 (prev s 120) renum 2002 SL No. 245 s 30 sch 2 Restoration of publicly controlled place s 18 prev s 18 om 2002 SL No. 245 s 3 sch 1 pres s 18 (prev s 121) renum 2002 SL No. 245 s 30 sch 2 Electricity entity to keep publicly controlled place in good repair after work s 19 prev s 19 om 2002 SL No. 245 s 3 sch 1 pres s 19 (prev s 122) renum 2002 SL No. 245 s 30 sch 2 Warning signs on roads s 20 prev s 20 amd 1998 SL No. 349 s 5 om 2002 SL No. 245 s 3 sch 1 pres s 20 (prev s 123) amd 1999 SL No. 286 s 4 sch 2 renum 2002 SL No. 245 s 30 sch 2 PART 3—CUSTOMERS’ ELECTRICAL INSTALLATIONS pt hdg (prev ch 3, pt 3 hdg) renum 2002 SL No. 245 s 30 sch 2 (prev pt 2 hdg) renum 2003 SL No. 123 s 4 Installation and operation of electric line beyond person’s property prov hdg sub 2002 SL No. 245 s 9(1) s 21 prev s 21 om 2002 SL No. 245 s 3 sch 1 pres s 21 (prev s 157) amd 2002 SL No. 245 s 9(2)–(6) renum 2002 SL No. 245 s 30 sch 2 Requirement for circuit-breaker in rural areas s 22 prev s 22 om 2002 SL No. 245 s 3 sch 1 pres s 22 (prev s 158) renum 2002 SL No. 245 s 30 sch 2 Power factor s 23 prev s 23 om 2002 SL No. 245 s 3 sch 1 pres s 23 (prev s 159) amd 1997 SL No. 179 s 5; 1997 SL No. 313 s 6; 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2
160 Electricity Regulation 1994 Prevention of interference by motor installations and associated starting devices s 24 prev s 24 amd 1997 SL No. 157 s 3 om 2002 SL No. 245 s 3 sch 1 pres s 24 (prev s 160) renum 2002 SL No. 245 s 30 sch 2 Interference with supply of electricity s 25 prev s 25 om 1998 SL No. 349 s 6 pres s 25 (prev s 161) renum 2002 SL No. 245 s 30 sch 2 Customer’s generating plant for interconnection to supply network s 26 prev s 26 om 2002 SL No. 245 s 3 sch 1 pres s 26 (prev s 163) renum 2002 SL No. 245 s 30 sch 2 Annual report s 26AA ins 1998 SL No. 349 s 7 om 2002 SL No. 245 s 3 sch 1 Division 1—Performance of electrical work div hdg (prev ch 2, pt 2, div 1 hdg) om 2002 SL No. 245 s 3 sch 1 Definition for div 1 s 26A ins 1997 SL No. 220 s 5 om 2002 SL No. 245 s 3 sch 1 Coordination of customer’s protection devices with electricity entity’s protection system s 27 prev s 27 amd 1997 SL No. 220 s 6 om 2002 SL No. 245 s 3 sch 1 pres s 27 (prev s 164) renum 2002 SL No. 245 s 30 sch 2 Division 2—Licences and other authorities div hdg (prev ch 2, pt 2, div 2 hdg) om 2002 SL No. 245 s 3 sch 1 Division 3—Disciplinary action div hdg (prev ch 2, pt 2, div 3 hdg) om 2002 SL No. 245 s 3 sch 1 Division 4—Recording and publication of information on licences and permits div hdg (prev ch 2, pt 2, div 4 hdg) om 2002 SL No. 245 s 3 sch 1 Division 5—Miscellaneous provisions div hdg (prev ch 2, pt 2, div 5 hdg) om 2002 SL No. 245 s 3 sch 1 Division 6—Transitional provisions div hdg exp 1 July 2000 (see s 86) CHAPTER 3—ELECTRICITY SUPPLY AND SALE TO CUSTOMERS ch hdg (prev ch 4 hdg) renum 2002 SL No. 245 s 30 sch 2 Limits on obligations to provide customer connection services s 28 prev s 28 sub 1997 SL No. 179 s 8 amd 1997 SL No. 473 s 5 om 2002 SL No. 245 s 3 sch 1 pres s 28 (prev s 211) renum 2002 SL No. 245 s 30 sch 2
161 Electricity Regulation 1994 Notice if services refused s 29 prev s 29 sub 1997 SL No. 179 s 8 om 2002 SL No. 245 s 3 sch 1 pres s 29 (prev s 212) renum 2002 SL No. 245 s 30 sch 2 Entity may provide services even if no obligation s 30 prev s 30 sub 1997 SL No. 179 s 8 om 2002 SL No. 245 s 3 sch 1 pres s 30 (prev s 213) renum 2002 SL No. 245 s 30 sch 2 When distribution entity may refuse to connect or may disconnect s 31 prev s 31 sub 1997 SL No. 179 s 8; 1997 SL No. 473 s 6 amd 2000 SL No. 250 s 9 om 2002 SL No. 245 s 3 sch 1 pres s 31 (prev s 214) renum 2002 SL No. 245 s 30 sch 2 Customer’s liability for customer connection services s 32 prev s 32 sub 1997 SL No. 179 s 8 amd 1997 SL No. 220 s 7; 1998 SL No. 349 s 8; 2000 SL No. 250 s 10 om 2002 SL No. 245 s 3 sch 1 pres s 32 (prev s 215) renum 2002 SL No. 245 s 30 sch 2 Regulating customer’s use etc. of electricity s 33 prev s 33 sub 1997 SL No. 179 s 8 om 2002 SL No. 245 s 3 sch 1 pres s 33 (prev s 216) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Action if notice not complied with s 34 prev s 34 sub 1997 SL No. 179 s 8 om 2002 SL No. 245 s 3 sch 1 pres s 34 (prev s 217) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Providing metering information to retail entity s 35 prev s 35 sub 1997 SL No. 179 s 8 om 2002 SL No. 245 s 3 sch 1 pres s 35 (prev s 218) renum 2002 SL No. 245 s 30 sch 2 Division 2—Meter and control apparatus requirements if customer is non-contestable for premises div hdg (prev ch 4, pt 1, div 2 hdg) sub 1997 SL No. 179 s 8; 1999 SL No. 75 s 3 Application of div 2 s 36 prev s 36 ins 1999 SL No. 75 s 3 amd 1995 SL No. 289 s 4 om 2002 SL No. 245 s 3 sch 1 pres s 36 (prev s 218A) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Entity must provide meter and control apparatus s 37 prev s 37 om 2002 SL No. 245 s 3 sch 1 pres s 37 (prev s 219) sub 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2
162 Electricity Regulation 1994 Customer to change electrical installation for meter connection prov hdg sub 1995 SL No. 289 s 5 s 38 prev s 38 amd 1995 SL No. 289 s 5 om 2002 SL No. 245 s 3 sch 1 pres s 38 (prev s 220) sub 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 Customer to provide links connecting meters to incoming supply s 39 prev s 39 om 2002 SL No. 245 s 3 sch 1 pres s 39 (prev s 221) sub 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 No breaking or interfering with meter seal or control apparatus s 40 prev s 40 amd 1995 SL No. 289 s 6; 1996 SL No. 130 s 3; 2000 SL No. 250 s 11 om 2002 SL No. 245 s 3 sch 1 pres s 40 (prev s 222) sub 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 Placing meter or control apparatus on customer’s premises s 41 prev s 41 om 2002 SL No. 245 s 3 sch 1 pres s 41 (prev s 223) sub 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 Change of placement if building changes or works s 42 prev s 42 om 2002 SL No. 245 s 3 sch pres s 42 (prev s 224) sub 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 Matters that may be considered for placement s 43 prev s 43 om 2002 SL No. 245 s 3 sch pres s 43 (prev s 225) sub 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 Customers to provide safe access s 44 prev s 44 om 2002 SL No. 245 s 3 sch pres s 44 (prev s 226) sub 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 Meter accuracy test at customer’s request s 45 prev s 45 om 2002 SL No. 245 s 3 sch 1 pres s 45 (prev s 227) sub 1997 SL No. 179 s 8; 2002 SL No. 245 s 10 renum 2002 SL No. 245 s 30 sch 2 When meter taken to register accurately s 46 prev s 46 amd 1996 SL No. 253 s 3 om 2002 SL No. 245 s 3 sch 1 pres s 46 (prev s 228) sub 1997 SL No. 179 s 8 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2
163 Electricity Regulation 1994 Extent of inaccuracy s 47 prev s 47 amd 1996 SL No. 253 s 4 om 2002 SL No. 245 s 3 sch 1 pres s 47 (prev s 229) sub 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 Report about test results s 48 prev s 48 om 2002 SL No. 245 s 3 sch 1 pres s 48 (prev s 230) sub 1997 SL No. 179 s 8 amd 2002 SL No. 245 s 11 renum 2002 SL No. 245 s 30 sch 2 Refund and adjustment if inaccuracy s 49 prev s 49 om 2002 SL No. 245 s 3 sch 1 pres s 49 (prev s 231) sub 1997 SL No. 179 s 8; 2002 SL No. 245 s 12 renum 2002 SL No. 245 s 30 sch 2 Referral of tested meter to regulator s 50 prev s 50 om 2002 SL No. 245 s 3 sch 1 pres s 50 (prev s 232) sub 1997 SL No. 179 s 8; 2002 SL No. 245 s 12 renum 2002 SL No. 245 s 30 sch 2 Inspection and test after referral s 51 prev s 51 amd 1998 SL No. 349 s 9 om 2002 SL No. 245 s 3 sch 1 pres s 51 (prev s 233) sub 1997 SL No. 179 s 8 amd 2002 SL No. 245 s 13 renum 2002 SL No. 245 s 30 sch 2 Refund and adjustment after test under s 51 s 52 prev s 52 amd 1996 SL No. 253 s 5 om 2002 SL No. 245 s 3 sch 1 pres s 52 (prev s 234) sub 1997 SL No. 179 s 8; 2002 SL No. 245 s 14 renum 2002 SL No. 245 s 30 sch 2 Using testing instruments s 53 prev s 53 om 2002 SL No. 245 s 3 sch 1 pres s 53 (prev s 235) sub 1997 SL No. 179 s 8 amd 2002 SL No. 245 s 15 renum 2002 SL No. 245 s 30 sch 2 Division 3—Substations on customers’ premises div hdg prev div 3 hdg om 2002 SL No. 245 s 3 sch 1 pres div 3 hdg (prev ch 4, pt 1, div 3 hdg) sub 1997 SL No. 179 s 8 Application of div 3 s 54 prev s 54 om 2002 SL No. 245 s 3 sch 1 pres s 54 (prev s 236) sub 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 Meaning of “owner” in div 3 s 55 prev s 55 om 2002 SL No. 245 s 3 sch 1 pres s 55 (prev s 238) sub 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2
164 Electricity Regulation 1994 Owner to provide space for substation s 56 prev s 56 om 2002 SL No. 245 s 3 sch 1 pres s 56 (prev s 239) sub 1997 SL No. 179 s 8 amd 2002 SL No. 245 s 16 renum 2002 SL No. 245 s 30 sch 2 Supply to other customers from substation s 57 prev s 57 om 2002 SL No. 245 s 3 sch 1 pres s 57 (prev s 240) sub 1997 SL No. 179 s 8 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Limitation of compensation s 58 prev s 58 om 2002 SL No. 245 s 3 sch 1 pres s 58 (prev s 241) sub 1997 SL No. 179 s 8 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Taking away distribution entity’s equipment s 59 prev s 59 om 2002 SL No. 245 s 3 sch 1 pres s 59 (prev s 242) sub 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 Division 4—What is not unfair or unreasonable div hdg (prev ch 4, pt 1, div 4 hdg) ins 1997 SL No. 473 s 8 Differing methods of charging s 60 prev s 60 amd 1998 SL No. 349 s 10 om 2002 SL No. 245 s 3 sch 1 pres s 60 (prev s 244) sub 1997 SL No. 179 s 8 amd 1997 SL No. 473 s 9 renum 2002 SL No. 245 s 30 sch 2 Negotiated customer connection contracts s 61 prev s 61 om 2002 SL No. 245 s 3 sch 1 pres s 61 (prev s 245) sub 1997 SL No. 179 s 8 amd 1997 SL No. 473 s 9 renum 2002 SL No. 245 s 30 sch 2 Differing security s 62 prev s 62 amd 1998 SL No. 349 s 11; 2000 SL No. 250 s 12 om 2002 SL No. 245 s 3 sch 1 pres s 62 (prev s 246) sub 1997 SL No. 179 s 8 amd 1997 SL No. 473 s 9 renum 2002 SL No. 245 s 30 sch 2 Different terms that are reasonable s 63 prev s 63 amd 1998 SL No. 349 s 12 om 2002 SL No. 245 s 3 sch 1 pres s 63 (prev s 247) sub 1997 SL No. 179 s 8 amd 1997 SL No. 473 s 10 renum 2002 SL No. 245 s 30 sch 2
165 Electricity Regulation 1994 Division 5—Electric lines and control cables div hdg om 2002 SL No. 245 s 3 sch 1 PART 2—RETAIL ENTITIES pt hdg prev pt 2 hdg om 2002 SL No. 245 s 3 sch 1 pres pt 2 hdg (prev ch 4, pt 2 hdg) sub 1997 SL No. 179 s 8 Division 1—Obligations of retail entities and customers div hdg prev div 1 hdg om 2002 SL No. 245 s 3 sch 1 pres div 1 hdg (prev ch 4, pt 2, div 1 hdg) ins 1997 SL No. 179 s 8 Limits on obligation to provide customer retail services s 64 prev s 64 om 2002 SL No. 245 s 3 sch 1 pres s 64 (prev s 248) sub 1997 SL No. 179 s 8 amd 1997 SL No. 473 s 11; 1998 SL No. 53 s 3 renum 2002 SL No. 245 s 30 sch 2 Notice if services refused s 65 prev s 65 om 2002 SL No. 245 s 3 sch 1 pres s 65 (prev s 248A) ins 1997 SL No. 179 s 8 amd 2000 SL No. 250 s 13 renum 2002 SL No. 245 s 30 sch 2 Entity may supply even if no obligation s 66 prev s 66 om 2002 SL No. 245 s 3 sch 1 pres s 66 (prev s 248B) ins 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 When retail entity is not obliged to provide customer retail services s 67 prev s 67 amd 1997 SL No. 220 s 8; 2002 SL No. 180 s 4 om 2002 SL No. 245 s 3 sch 1 pres s 67 (prev s 248C) ins 1997 SL No. 179 s 8 sub 1997 SL No. 473 s 12 renum 2002 SL No. 245 s 30 sch 2 Customer’s liability for customer retail services s 68 prev s 68 amd 2002 SL No. 180 s 5 om 2002 SL No. 245 s 3 sch 1 pres s 68 (prev s 248D) ins 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 Division 2—Obligations of host retail entities and customers div hdg prev div 2 hdg om 2002 SL No. 245 s 3 sch 1 pres div 2 hdg (prev ch 4, pt 2, div 1A hdg) ins 2002 SL No. 61 s 3 renum 2002 SL No. 245 s 30 sch 2 Application of div 2 prov hdg amd 2002 SL No. 245 s 3 sch 1 s 69 prev s 69 om 2002 SL No. 245 s 3 sch 1 pres s 69 (prev s 248DA) ins 2002 SL No. 61 s 3 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2
166 Electricity Regulation 1994 Corporations legislation displacement provision for div 2 s 69A ins 2004 SL No. 75 s 4 Statutory customer sale contract s 70 prev s 70 om 2002 SL No. 245 s 3 sch 1 pres s 70 (prev s 248DB) ins 2002 SL No. 61 s 3 renum 2002 SL No. 245 s 30 sch 2 Terms of statutory customer sale contract s 71 prev s 71 om 2002 SL No. 245 s 3 sch 1 pres s 71 (prev s 248DC) ins 2002 SL No. 61 s 3 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Other provisions about statutory customer sale contract s 72 prev s 72 om 2002 SL No. 245 s 3 sch 1 pres s 72 (prev s 248DD) ins 2002 SL No. 61 s 3 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Contract outside statutory customer sale contract s 73 prev s 73 om 2002 SL No. 245 s 3 sch 1 pres s 73 (prev s 248DE) ins 2002 SL No. 61 s 3 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Customer’s liability to suspended retail entity for customer retail services provided after suspension s 74 prev s 74 om 2002 SL No. 245 s 3 sch 1 pres s 74 (prev s 248DF) ins 2002 SL No. 61 s 3 renum 2002 SL No. 245 s 30 sch 2 Giving necessary consents, details etc. s 75 prev s 75 om 2002 SL No. 245 s 3 sch 1 pres s 75 (prev s 248DG) ins 2002 SL No. 61 s 3 renum 2002 SL No. 245 s 30 sch 2 Division 3—What is not unfair or unreasonable div hdg prev div 3 hdg om 2002 SL No. 245 s 3 sch 1 pres div 3 hdg (prev ch 4, pt 2, div 2 hdg) ins 1997 SL No. 473 s 14 renum 2002 SL No. 245 s 30 sch 2 Differing methods of charging s 76 prev s 76 om 2002 SL No. 245 s 3 sch 1 pres s 76 (prev s 248F) ins 1997 SL No. 179 s 8 amd 1997 SL No. 473 s 9 renum 2002 SL No. 245 s 30 sch 2 Negotiated customer sale contracts s 77 prev s 77 om 2002 SL No. 245 s 3 sch 1 pres s 77 (prev s 248G) ins 1997 SL No. 179 s 8 amd 1997 SL No. 473 s 9 renum 2002 SL No. 245 s 30 sch 2
167 Electricity Regulation 1994 Differing security s 78 prev s 78 om 2002 SL No. 245 s 3 sch 1 pres s 78 (prev s 248H) ins 1997 SL No. 179 s 8 amd 1997 SL No. 473 s 9 renum 2002 SL No. 245 s 30 sch 2 Different terms that are reasonable s 79 prev s 79 om 2002 SL No. 245 s 3 sch 1 pres s 79 (prev s 248I) ins 1997 SL No. 179 s 8 amd 1997 SL No. 473 s 10; 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 PART 2A—APPROVED INDUSTRY CODE pt hdg ins 2004 SL No. 314 s 3 Approved industry code s 79A ins 2004 SL No. 314 s 3 Subdivision 1—Work on or near live electric conductors or electrical articles sdiv hdg (prev ch 3, pt 2, div 2 sdiv 1 hdg) om 2002 SL No. 245 s 3 sch 1 Subdivision 2—Work on or near exposed high voltage conductors or electrical articles sdiv hdg (prev ch 3, pt 2, div 2 sdiv 2 hdg) om 2002 SL No. 245 s 3 sch 1 Subdivision 3—Other safety requirements sdiv hdg om 2002 SL No. 245 s 3 sch 1 Division 4—Other requirements div hdg (prev ch 3, pt 2, div 4 hdg) om 2002 SL No. 245 s 3 sch 1 Division 5—Electricity Health and Safety Council div hdg (prev ch 3, pt 2, div 5 hdg) sub 1998 SL No. 349 s 17 om 2002 SL No. 245 s 3 sch 1 PART 3—DISPUTES ABOUT WHAT IS FAIR AND REASONABLE pt hdg (prev ch 4, pt 2A hdg) ins 1997 SL No. 473 s 15 renum 2002 SL No. 245 s 30 sch 2 Dispute resolution s 80 prev s 80 amd 1997 SL No. 220 s 9 om 2002 SL No. 245 s 3 sch 1 pres s 80 (prev s 248IA) ins 1997 SL No. 473 s 15 amd 2000 SL No. 250 s 13 renum 2002 SL No. 245 s 30 sch 2 Regulator may seek advice or information s 81 prev s 81 om 2002 SL No. 245 s 3 sch 1 pres s 81 (prev s 248IB) ins 1997 SL No. 473 s 15 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2
168 Electricity Regulation 1994 Parties to maintain secrecy of advice or information s 82 prev s 82 om 1998 SL No. 349 s 13 pres s 82 (prev s 248IC) ins 1997 SL No. 473 s 15 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Division 4—Requirements on customers about supply div hdg (prev ch 3, pt 3, div 4 hdg) om 2002 SL No. 245 s 3 sch 1 Division 5—Requirements about electrical articles div hdg (prev ch 3, pt 3, div 5 hdg) om 2002 SL No. 245 s 3 sch 1 Division 6—Testing of work div hdg (prev ch 3, pt 3, div 6 hdg) om 2002 SL No. 245 s 3 sch 1 Division 7—Examinations and tests by electricity officers div hdg (prev ch 3, pt 3, div 7 hdg) om 2002 SL No. 245 s 3 sch 1 Division 8—Inspections by authorised persons div hdg (prev ch 3, pt 2, div 8 hdg) om 2002 SL No. 245 s 3 sch 1 Division 9—Reports and records div hdg (prev ch 3, pt 3, div 9 hdg) om 2002 SL No. 245 s 3 sch 1 Division 10—Requests and notices div hdg (prev ch 3, pt 3, div 10 hdg) om 2002 SL No. 245 s 3 sch 1 Division 11—Queensland Electrical Education Council div hdg (prev ch 3, pt 3, div 11 hdg) om 2002 SL No. 245 s 3 sch 1 PART 4—FINANCIAL ARRANGEMENTS ABOUT SUPPLY AND SALE pt hdg prev pt 4 hdg om 2002 SL No. 245 s 3 sch 1 pres pt 4 hdg (prev ch 4, pt 3 hdg) sub 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 Methods of charging for electricity s 83 prev s 83 amd 1998 SL No. 349 s 14 exp 1 July 2000 (see s 86) pres s 83 (prev s 248J) ins 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 Meters must be read annually s 84 prev s 84 om 1998 SL No. 349 s 13 pres s 84 (prev s 248K) ins 1997 SL No. 179 s 8 renum 2002 SL No. 245 s 30 sch 2 Division 1—Preliminary div hdg (prev ch 3, pt 4, div 1 hdg) om 2002 SL No. 245 s 3 sch 1 Division 2—Limitation on installation of cathodic protection systems div hdg (prev ch 3, pt 4, div 2 hdg) om 2002 SL No. 245 s 3 sch 1 Division 3—Operating requirements div hdg (prev ch 3, pt 4, div 3 hdg) om 2002 SL No. 245 s 3 sch 1 Division 4—Testing requirements div hdg (prev ch 3, pt 4, div 4 hdg) om 2002 SL No. 245 s 3 sch 1
169 Electricity Regulation 1994 Division 5—System requirements div hdg (prev ch 3, pt 4, div 5 hdg) om 2002 SL No. 245 s 3 sch 1 Division 6—Registration of registrable systems div hdg (prev ch 3, pt 4, div 6 hdg) om 2002 SL No. 245 s 3 sch 1 PART 5—ELECTRICITY RESTRICTIONS pt hdg (prev ch 4, pt 4 hdg) ins 1995 SL No. 375 s 4 sub 2000 SL No. 315 s 5 renum 2002 SL No. 245 s 30 sch 2 Division 1—Preliminary div hdg (prev ch 4, pt 4, div 1 hdg) ins 1995 SL No. 375 s 4 sub 2000 SL No. 315 s 5 Purpose of pt 5 prov hdg amd 2002 SL No. 245 s 3 sch 1 s 85 prev s 85 amd 1998 SL No. 349 s 14 exp 1 July 2000 (see s 86) pres s 85 (orig s 248A) ins 1995 SL No. 375 s 4 renum (as s 248L) 1997 SL No. 179 s 9 sub 2000 SL No. 315 s 5 renum 2002 SL No. 245 s 30 sch 2 Definition for pt 5 prov hdg amd 2002 SL No. 245 s 3 sch 1 s 86 prev s 86 amd 1998 SL No. 349 s 15 exp 1 July 2000 (see s 86) new s 86 (orig s 248B) ins 1995 SL No. 375 s 4 renum (as 248M) 1997 SL No. 179 s 9 sub 2000 SL No. 315 s 5 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 314 s 3 Division 2—Restrictions in Ergon Energy distribution area div hdg (prev ch 4, pt 4, div 2 hdg) ins 1995 SL No. 375 s 4 sub 2000 SL No. 315 s 5 amd 2003 SL No. 314 s 4 Where restrictions apply s 87 (orig s 248C) ins 1995 SL No. 375 s 4 renum (as s 248N) 1997 SL No. 179 s 9 amd 1999 SL No. 141 s 4 sub 2000 SL No. 315 s 5 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 sub 2003 SL No. 314 s 5
170 Electricity Regulation 1994 Restrictions s 88 (orig s 248D) ins 1995 SL No. 375 s 4 renum (as s 248O) 1997 SL No. 179 s 9 sub 2000 SL No. 315 s 5 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 amd 2003 SL No. 314 s 6 Division 3—Restrictions in the Ergon Energy distribution area (Mapoon and Torres Strait Islands) div hdg (prev ch 4, pt 4, div 3 hdg) ins 1995 SL No. 375 s 4 sub 2000 SL No. 315 s 5 om 2003 SL No. 314 s 7 Where restrictions apply s 89 prev s 89 om 2002 SL No. 245 s 3 sch 1 new s 89 (orig s 248E) ins 1995 SL No. 375 s 4 renum (as s 248P) 1997 SL No. 179 s 9 amd 1999 SL No. 141 s 5 sub 2000 SL No. 315 s 5 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 314 s 7 Restrictions s 90 prev s 90 om 2002 SL No. 245 s 3 sch 1 new s 90 (orig s 248F) ins 1995 SL No. 375 s 4 renum (as s 248Q) 1997 SL No. 179 s 9 sub 2000 SL No. 315 s 5 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 314 s 7 PART 6—CONTESTABLE CUSTOMERS pt hdg (prev ch 4, pt 5 hdg) ins 1997 SL No. 7 s 3 sub 1997 SL No. 313 s 7; 1997 SL No. 473 s 16; 1998 SL No. 17 s 3; 1998 SL No. 251 s 3 renum 2002 SL No. 245 s 30 sch 2 Division 1—General declarations div hdg (prev ch 4, pt 5, div 1 hdg) ins 1997 SL No. 313 s 7 sub 1997 SL No. 473 s 16; 1998 SL No. 17 s 3; 1998 SL No. 251 s 3 amd 1999 SL No. 75 s 4 Subdivision 1—Preliminary sdiv hdg (prev ch 4, pt 5, div 1, sdiv 1 hdg) ins 1998 No. 251 s 3 Definitions for div 1 prov hdg sub 1999 SL No. 75 s 5(1) s 91 prev s 91 om 2002 SL No. 245 s 3 sch 1 pres s 91 (orig s 248I) ins 1997 SL No. 7 s 3 renum (as s 248T) 1997 SL No. 179 s 9
171 Electricity Regulation 1994 sub 1997 SL No. 313 s 7; 1997 SL No. 473 s 16; 1998 SL No. 17 s 3; 1998 SL No. 251 s 3 renum 2002 SL No. 245 s 30 sch 2 def “lot” ins 1999 SL No. 75 s 5(2) def “registered owner” ins 1999 SL No. 75 s 5(2) Meaning of “single premises” s 92 prev s 92 om 2002 SL No. 245 s 3 sch 1 pres s 92 (prev s 248TA) ins 1997 SL No. 313 s 7 sub 1997 SL No. 473 s 16; 1998 SL No. 17 s 3; 1998 SL No. 251 s 3 renum 2002 SL No. 245 s 30 sch 2 Subdivision 2—Declarations sdiv hdg (prev ch 4, pt 5, div 1, sdiv 2 hdg) amd 1999 SL No. 75 s 6 Declaration as contestable customer prov hdg amd 1999 SL No. 75 s 7(1); 2004 SL No. 75 s 5 sub 2005 SL No. 252 s 3 s 93 prev s 93 om 2002 SL No. 245 s 3 sch 1 pres s 93 (prev s 248TB) ins 1997 SL No. 313 s 7 sub 1997 SL No. 473 s 16; 1998 SL No. 17 s 3 amd 1998 SL No. 53 s 4 sub 1998 SL No. 251 s 3 amd 1999 SL No. 75 s 7(2)–(3); 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 (2)(c), (3)–(4) exp 30 June 1999 (see s 248TB(4)) New or replacement single premises of same registered owner s 94 (prev s 248TBA) ins 1999 SL No. 75 s 8 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Subsequent registered owner s 95 (prev s 248TBB) ins 1999 SL No. 75 s 8 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Declarations continue despite consumption or use s 96 (prev s 248TBC) ins 1999 SL No. 75 s 8 renum 2002 SL No. 245 s 30 sch 2 Subdivision 3—Contestable customer certification sdiv hdg (prev ch 4, pt 5, div 1, sdiv 3 hdg) ins 1998 No. 251 s 3 Applying for certification s 97 prev s 97 om 2002 SL No. 245 s 3 sch 1 pres s 97 (prev s 248TC) ins 1997 SL No. 313 s 7 sub 1997 SL No. 473 s 16; 1998 SL No. 17 s 3; 1998 SL No. 251 s 3 renum 2002 SL No. 245 s 30 sch 2 Consideration of application s 98 prev s 98 om 2002 SL No. 245 s 3 sch 1 pres s 98 (prev s 248TD) ins 1997 SL No. 473 s 16 sub 1998 SL No. 17 s 3
172 Electricity Regulation 1994 amd 1998 SL No. 53 s 5 sub 1998 SL No. 251 s 3 amd 1999 SL No. 75 s 9; 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 amd 2004 SL No. 75 s 6; 2005 SL No. 252 s 4 Issue of certification s 99 prev s 99 om 2002 SL No. 245 s 3 sch 1 pres s 99 (prev s 248TDA) ins 1998 No. 251 s 3 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Refusal of application s 100 prev s 100 om 2002 SL No. 245 s 3 sch pres s 100 (prev s 248TDB) ins 1998 SL No. 251 s 3 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Subdivision 4—Actual or estimated consumption of less than 0.2GWh sdiv 4 (ss 100A–100D) ins 2004 SL No. 75 s 7 Division 2—Contestable customers in Country Energy’s area div hdg (prev ch 4, pt 5, div 2 hdg) sub 1997 SL No. 473 s 16; 1998 SL No. 17 s 3 amd 2002 SL No. 245 s 3 sch 1 Contestable customers in Country Energy’s area prov hdg amd 2002 SL No. 245 s 17(1); 2002 SL No. 245 s 17(1) s 101 prev s 101 om 2002 SL No. 245 s 3 sch pres s 101 (prev s 248TE) ins 1997 SL No. 473 s 16 sub 1998 SL No. 17 s 3 amd 2002 SL No. 245 s 17(2)–(3) renum 2002 SL No. 245 s 30 sch 2 amd 2004 SL No. 75 s 9 Division 3—Other contestable customers div hdg (prev ch 4, pt 5, div 3 hdg) ins 1997 SL No. 473 s 16 sub 1998 SL No. 17 s 3; 1998 SL No. 53 s 6 Customers declared to be contestable customers s 102 prev s 102 om 2002 SL No. 245 s 3 sch pres s 102 (prev s 248TF) ins 1997 SL No. 473 s 16 sub 1998 SL No. 17 s 3; 1998 SL No. 53 s 6 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Division 4—Resolving disputes about contestability div hdg (prev ch 4, pt 5, div 4 hdg) ins 1997 SL No. 473 s 16 sub 1998 SL No. 17 s 3
173 Electricity Regulation 1994 Dispute resolution s 103 prev s 103 om 2002 SL No. 245 s 3 sch pres s 103 (prev s 248TG) ins 1997 SL No. 473 s 16 sub 1998 SL No. 17 s 3 amd 1998 SL No. 251 s 4; 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Dispute resolver may seek advice or information s 104 prev s 104 om 2002 SL No. 245 s 3 sch pres s 104 (prev s 248TH) ins 1997 SL No. 473 s 16 sub 1998 SL No. 17 s 3 amd 1999 SL No. 75 s 10; 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Parties to maintain secrecy of advice or information s 105 prev s 105 om 2002 SL No. 245 s 3 sch pres s 105 (prev s 248TI) ins 1997 SL No. 473 s 16 sub 1998 SL No. 17 s 3 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Decision binding s 106 prev s 165 om 2002 SL No. 245 s 3 sch pres s 106 (prev s 248TJ) ins 1997 SL No. 473 s 16 sub 1998 SL No. 17 s 3 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Division 5—Metering obligation if customer is contestable for premises div hdg (prev ch 4, pt 5, div 5 hdg) ins 1999 SL No. 75 s 11 Customer’s metering obligation s 107 prev s 107 om 2002 SL No. 245 s 3 sch pres s 107 (prev s 248TK) ins 1999 SL No. 75 s 11 renum 2002 SL No. 245 s 30 sch 2 PART 7—NEGOTIATED CONTRACTS BEFORE COMMENCEMENT OF ELECTRICITY AMENDMENT ACT 1997 pt hdg (prev ch 4, pt 6 hdg) ins 1997 SL No. 179 s 10 renum 2002 SL No. 245 s 30 sch 2 Negotiated contracts s 108 prev s 108 om 2002 SL No. 245 s 3 sch pres s 108 (prev s 248U) ins 1997 SL No. 179 s 10 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 CHAPTER 4—MARKET AND SYSTEM ARRANGEMENTS ch hdg (prev ch 5 hdg) sub 1997 SL No. 313 s 8 renum 2002 SL No. 245 s 30 sch 2 PART 1—SYSTEM AND NETWORK CONTROL pt hdg (prev ch 5, pt 1 hdg)
174 Electricity Regulation 1994 Division 1—Operating electrical installations div hdg (prev ch 5, pt 1 hdg, div 1) sub 1997 SL No. 313 s 9 Market Code to be followed s 109 prev s 109 om 2002 SL No. 245 s 3 sch pres s 109 (prev s 249) sub 1997 SL No. 313 s 9 renum 2002 SL No. 245 s 30 sch 2 Network operation not to interfere with Queensland system s 110 (prev s 257) sub 1997 SL No. 313 s 10 renum 2002 SL No. 245 s 30 sch 2 Market Code to be followed s 111 prev s 111 om 2002 SL No. 245 s 3 sch 1 pres s 111 (prev s 258) sub 1997 SL No. 313 s 10 renum 2002 SL No. 245 s 30 sch 2 Dealings to be impartial s 112 prev s 112 om 2002 SL No. 245 s 3 sch 1 pres s 112 (prev s 259) renum 2002 SL No. 245 s 30 sch 2 Confidentiality s 113 prev s 113 om 2002 SL No. 245 s 3 sch 1 pres s 113 (prev s 260) renum 2002 SL No. 245 s 30 sch 2 Reasonable charges for services s 114 prev s 114 om 2002 SL No. 245 s 3 sch 1 pres s 114 (prev s 261) renum 2002 SL No. 245 s 30 sch 2 Division 4—Amending standard customer connection contracts div hdg ins 1997 SL No. 179 s 8 om 1997 SL No. 473 s 7 Division 5—What is not discrimination div hdg ins 1997 SL No. 179 s 8 om 1997 SL No. 473 s 8 PART 2—CONDITIONS OF AUTHORITIES AND SPECIAL APPROVALS pt hdg (prev ch 5, pt 2 hdg) sub 1997 SL No. 313 s 11 Division 1—Separation of industry sectors div hdg prev div hdg om 1997 SL No. 313 s 11 (prev ch 5, pt 2, div 1 hdg) pres div hdg ins 1997 SL No. 473 s 17 Generation and retail sectors s 115 (prev s 261A) ins 1997 SL No. 473 s 17 amd 2002 SL No. 245 s 8 renum 2002 SL No. 245 s 30 sch 2 Distribution and retail sectors s 116 prev s 116 om 2002 SL No. 245 s 3 sch 1 pres s 116 (prev s 261B) ins 1997 SL No. 473 s 17 renum 2002 SL No. 245 s 30 sch 2
175 Electricity Regulation 1994 Retail and generation sectors s 117 prev s 117 om 2002 SL No. 245 s 3 sch 1 pres s 117 (prev s 261C) ins 1997 SL No. 473 s 17 renum 2002 SL No. 245 s 30 sch 2 Division 2—Compliance with Market Code div hdg (prev ch 5, pt 2, div 2 hdg) ins 1997 SL No. 473 s 17 Compliance with Market Code instruments s 118 (prev s 262) sub 1997 SL No. 313 s 11 renum 2002 SL No. 245 s 30 sch 2 Division 3—Miscellaneous div hdg prev div 3 hdg ins 1997 SL No. 179 s 8 om 1997 SL No. 473 s 14 pres div 3 hdg (prev ch 5, pt 2, div 3 hdg) ins 1997 SL No. 473 s 18 Compliance with regulator’s decisions under s 80 prov hdg amd 2002 SL No. 245 s 3 sch 1 s 119 (prev s 262A) ins 1997 SL No. 473 s 18 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Compliance with disclosure requirements s 119A ins 2004 SL No. 75 s 8 PART 3—SPECIAL APPROVALS pt hdg (prev ch 5, pt 4 hdg) renum 2002 SL No. 245 s 30 sch 2 Approval to connect for generation plant of certain State electricity entities installed immediately before 1 January 1995 s 120 (prev s 294) amd 1997 SL No. 179 s 20 sub 1999 SL No. 141 s 7 renum 2002 SL No. 245 s 30 sch 2 Approval to connect for mobile generating plant for emergency or maintenance work by distribution entities prov hdg amd 1997 SL No. 179 s 21(1) s 121 (prev s 295) amd 1997 SL No. 179 s 21(2)–(3) renum 2002 SL No. 245 s 30 sch 2 Approval to connect certain generating plant with 30 MW or less capacity prov hdg amd 1997 SL No. 179 s 22(1) s 122 (prev s 296) amd 1997 SL No. 179 s 22(2)–(3) renum 2002 SL No. 245 s 30 sch 2 Special approval holders treated as electricity entities—Act, s 59(2) s 123 (prev s 297) ins 1997 SL No. 220 s 17 sub 2000 SL No. 309 s 3 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2
176 Electricity Regulation 1994 Special approval for QETC s 124 orig s 124 amd 2000 SL No. 315 s 4 om 2002 SL No. 245 s 3 sch 1 prev s 124 ins 1997 SL No. 179 s 23 om 1997 SL No. 313 s 12 pres 124 (prev s 298B) ins 1997 SL No. 473 s 21 renum 2002 SL No. 245 s 30 sch 2 Division 4—Electricity restriction in the North Queensland Electricity Corporation supply area div hdg (prev ch 4, pt 4, div 4 hdg) ins 1995 SL No. 375 s 4 om 2000 SL No. 315 s 5 CHAPTER 5—PROHIBITED INTERESTS ch hdg (prev ch 5A hdg) ins 1997 SL No. 473 s 22 renum 2002 SL No. 245 s 30 sch 2 Generation authorities s 125 prev s 125 om 2002 SL No. 245 s 3 sch 1 pres s 125 (prev s 298D) ins 1997 SL No. 473 s 22 renum 2002 SL No. 245 s 30 sch 2 Distribution authorities s 126 prev s 126 om 2002 SL No. 245 s 3 sch 1 pres s 126 (prev s 298E) ins 1997 SL No. 473 s 22 renum 2002 SL No. 245 s 30 sch 2 Retail authorities s 127 prev s 127 om 2002 SL No. 245 s 3 sch 1 pres 127 (prev s 298F) ins 1997 SL No. 473 s 22 renum 2002 SL No. 245 s 30 sch 2 Division 4—Conditions of retail authorities div hdg (prev ch 5, pt 2, div 4 hdg) sub 1997 SL No. 179 s 11 om 1997 SL No. 313 s 11 Division 5—Conditions of special approvals div hdg (prev ch 5, pt 2, div 5 hdg) om 1997 SL No. 313 s 11 Division 6—Exemption from complying with Queensland grid code div hdg (prev ch 5, pt 2, div 6 hdg) ins 1997 SL No. 220 s 15 om 1997 SL No. 313 s 11 PART 3—ANCILLARY SERVICES pt hdg (prev ch 5, pt 3 hdg) sub 1997 SL No. 313 s 11 exp 23 May 1998 (see s 263A) Division 1—Application of part div hdg (prev ch 5, pt 3, div 1 hdg) om 1997 SL No. 313 s 11 Division 2—Trade for generation less than 30 MW div hdg (prev ch 5, pt 3, div 2 hdg) om 1997 SL No. 313 s 11 Division 3—Basis of trade in electricity div hdg (prev ch 5, pt 3, div 3 hdg) om 1997 SL No. 313 s 11
177 Electricity Regulation 1994 Division 4—Network services and metering div hdg (prev ch 5, pt 3, div 4 hdg) om 1997 SL No. 313 s 11 Division 5—Scheduling of generating plant operation div hdg (prev ch 5, pt 3, div 5 hdg) om 1997 SL No. 313 s 11 Division 6—Ancillary services div hdg (prev ch 5, pt 3, div 6 hdg) om 1997 SL No. 313 s 11 Division 7—Grid and network losses div hdg (prev ch 5, pt 3, div 7 hdg) om 1997 SL No. 313 s 11 Division 8—Settlements div hdg (prev ch 5, pt 3, div 8 hdg) om 1997 SL No. 313 s 11 CHAPTER 5A—13% GAS SCHEME ch 5A (ss 127A–127D) ins 2004 SL No. 279 s 4 CHAPTER 6—ENERGY EFFICIENCY AND ELECTRICAL EQUIPMENT ch hdg (prev ch 5B hdg) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 PERFORMANCE PART 1—MINIMUM ENERGY EFFICIENCY AND PERFORMANCE pt hdg (prev ch 5B, pt 1 hdg) ins 2002 SL No. 245 s 18 Division 1—Registration div hdg (prev ch 5B, pt 1, div 1 hdg) ins 2002 SL No. 245 s 18 Application for registration s 128 prev s 128 om 2002 SL No. 245 s 3 sch 1 pres s 128 (prev s 298FA) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Requirements for registration s 129 prev s 129 om 2002 SL No. 245 s 3 sch 1 pres s 129 (prev s 298FB) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Minimum energy efficiency and performance criteria s 130 prev s 130 om 2002 SL No. 245 s 3 sch 1 pres s 130 (prev s 298FC) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Notice of registration s 131 prev s 131 amd 1997 SL No. 220 s 11 om 2002 SL No. 245 s 3 sch 1 pres s 131 (prev s 298FD) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Term of registration s 132 prev s 132 om 2002 SL No. 245 s 3 sch 1 pres s 132 (prev s 298FE) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 OF
178 Electricity Regulation 1994 Change of name or address s 133 prev s 133 om 2002 SL No. 245 s 3 sch 1 pres s 133 (prev s 298FF) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Changing energy efficiency label identifying electrical equipment s 134 prev s 134 amd 1998 SL No. 349 s 16 om 2002 SL No. 245 s 3 sch 1 pres s 134 (prev s 298FG) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Refusal to change energy efficiency label s 135 prev s 135 om 2002 SL No. 245 s 3 sch 1 pres s 135 (prev s 298FH) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Notice of change to energy efficiency label s 136 prev s 136 om 2002 SL No. 245 s 3 sch 1 pres s 136 (prev s 298FI) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Division 2—Transfer and cancellation of registration div hdg (prev ch 5B, pt 1, div 2 hdg) ins 2002 SL No. 245 s 18 Transfer of registration s 137 prev s 137 om 2002 SL No. 245 s 3 sch 1 pres s 137 (prev s 298FJ) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Notice of transfer s 138 prev s 138 om 2002 SL No. 245 s 3 sch 1 pres s 138 (prev s 298FK) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Cancellation of registration s 139 prev s 139 amd 1997 SL No. 220 s 12 om 2002 SL No. 245 s 3 sch 2 pres s 139 (prev s 298FL) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Procedure before cancellation s 140 prev s 140 om 2002 SL No. 245 s 3 sch 1 pres s 140 (prev s 298FM) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Notice, by holder, of cancellation of registration s 141 prev s 141 om 2002 SL No. 245 s 3 sch 1 pres s 141 (prev s 298FN) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Division 3—Energy efficiency label div hdg (prev ch 5B, pt 1, div 3 hdg) ins 2002 SL No. 245 s 18
179 Electricity Regulation 1994 Energy efficiency label prov hdg sub 1998 SL No. 349 s 18(1) s 142 prev s 142 amd 1998 SL No. 349 s 18(2)–(4) om 2002 SL No. 245 s 3 sch 1 pres s 142 (prev s 298FO) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Division 4—Register div hdg (prev ch 5B, pt 1, div 4 hdg) ins 2002 SL No. 245 s 18 Register s 143 prev s 143 om 2002 SL No. 245 s 3 sch 1 pres s 143 (prev s 298FP) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Inspection of register s 144 prev s 144 amd 1997 SL No. 220 s 13 om 2002 SL No. 245 s 3 sch 1 pres s 144 (prev s 298FQ) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 PART 2—TESTING AND TEST REPORTS pt hdg (prev ch 5B, pt 2 hdg) ins 2002 SL No. 245 s 18 Division 1—Preliminary div hdg (prev ch 5B, pt 2, div 1 hdg) ins 2002 SL No. 245 s 18 Testing of prescribed electrical equipment s 145 prev s 145 om 2002 SL No. 245 s 3 sch 1 pres s 145 (prev s 298FR) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 amd 2004 SL No. 223 s 3 Test reports s 146 prev s 146 om 2002 SL No. 245 s 3 sch 1 pres s 146 (prev s 298FS) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Division 2—Check testing div hdg (prev ch 5B, pt 2, div 2 hdg) ins 2002 SL No. 245 s 18 Requirement by regulator to make available prescribed electrical equipment for testing s 147 prev s 147 om 2002 SL No. 245 s 3 sch 1 pres s 147 (prev s 298FT) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 What happens if check testing shows noncompliance s 148 prev s 148 om 2002 SL No. 245 s 3 sch 1 pres s 148 (prev s 298FU) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2
180 Electricity Regulation 1994 What happens if check testing shows compliance s 149 prev s 149 om 2002 SL No. 245 s 3 sch 1 pres s 149 (prev s 298FV) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Return of equipment made available to the regulator s 150 prev s 150 om 2002 SL No. 245 s 3 sch 1 pres s 150 (prev s 298FW) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 PART 3—OFFENCES pt hdg (prev ch 5B, pt 3 hdg) ins 2002 SL No. 245 s 18 Part does not apply to second-hand prescribed electrical equipment s 151 prev s 151 om 2002 SL No. 245 s 3 sch 1 pres s 151 (prev s 298FX) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Prescribed electrical equipment in sch 4, pt 1 must be registered and labelled s 152 prev s 152 om 2002 SL No. 245 s 3 sch 1 pres s 152 (prev s 298FY) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Prescribed electrical equipment in sch 4, pt 2 must be registered s 153 prev s 153 om 2002 SL No. 245 s 3 sch 1 pres s 153 (prev s 298FZ) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Prescribed electrical equipment in sch 4, pt 3 must be registered and may be labelled s 154 prev s 154 om 2002 SL No. 245 s 3 sch 1 pres s 154 (prev s 298FZA) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 Representations about 3-phase cage induction motors s 155 prev s 155 om 2002 SL No. 245 s 3 sch 1 pres s 155 (prev s 298FZB) ins 2002 SL No. 245 s 18 renum 2002 SL No. 245 s 30 sch 2 amd 2004 SL No. 223 s 4 Fluorescent lamp ballast s 155A ins 2003 SL No. 103 s 3 amd 2004 SL No. 223 s 5 CHAPTER 7—EMPLOYMENT IN GOVERNMENT OWNED ELECTRICITY INDUSTRY ch hdg (prev ch 6 hdg) renum 2002 SL No. 245 s 30 sch 2 PART 1—PRELIMINARY pt 1 (ss 155B–155E) ins 2005 SL No. 86 s 4 PART 2—GENERAL EMPLOYMENT CONDITIONS AND ENTITLEMENTS pt hdg (prev ch 6, pt 1 hdg) sub 2000 SL No. 35 s 4 (prev ch 7, pt 1 hdg) renum 2005 SL No. 86 s 3
181 Electricity Regulation 1994 Division 1—Preliminary div hdg (prev ch 6, pt 1, div 1 hdg) ins 2000 SL No. 35 s 4 Definitions for pt 2 prov hdg amd 2005 SL No. 86 s 5(1) s 156 prev s 156 om 2002 SL No. 245 s 3 sch 1 pres s 156 (prev s 298G) ins 2000 SL No. 35 s 4 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Division 2—Award conditions and entitlements for electricity industry employees div hdg (prev ch 6, pt 1, div 2 hdg) ins 2000 SL No. 35 s 4 Purpose of div 2 s 157 (prev s 298H) ins 2000 SL No. 35 s 4 renum 2002 SL No. 245 s 30 sch 2 Operation of electric line beyond person’s property—Act, s 227 prov hdg amd 1999 No. 169 s 3(1) s 157A ins 1998 SL No. 349 s 19 amd 1999 No. 169 s 3(2) om 2002 SL No. 245 s 3 sch 1 Definitions for div 3A s 157B ins 2002 SL No. 180 s 6 om 2002 SL No. 245 s 3 sch 1 Notice to transferee about approved safety switch s 157C ins 2002 SL No. 180 s 6 om 2002 SL No. 245 s 3 sch 1 Notice to regulator about approved safety switch and other matters s 157D ins 2002 SL No. 180 s 6 om 2002 SL No. 245 s 3 sch 1 Installation of approved safety switch in particular residences s 157E ins 2002 SL No. 180 s 6 om 2002 SL No. 245 s 3 sch 1 Performing electrical installation work for domestic residences s 157F ins 2002 SL No. 180 s 6 om 2002 SL No. 245 s 3 sch 1 Application of div 2 to Ergon Energy Pty Ltd s 158 (prev s 298I) ins 2000 SL No. 35 s 4 renum 2002 SL No. 245 s 30 sch 2 Relevant award s 159 (prev s 298J) ins 2000 SL No. 35 s 4 renum 2002 SL No. 245 s 30 sch 2 Relevant award is binding s 160 (prev s 298K) ins 2000 SL No. 35 s 4 renum 2002 SL No. 245 s 30 sch 2
182 Electricity Regulation 1994 Relevant award subject to Industrial Relations Act s 161 (prev s 298L) ins 2000 SL No. 35 s 4 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Division 3—Miscellaneous div hdg (prev ch 6, pt 1, div 3 hdg) ins 2000 SL No. 35 s 4 Chapter 7 prevails over industrial instruments prov hdg amd 2002 SL No. 245 s 3 sch 1 s 162 prev s 162 om 2002 SL No. 245 s 3 sch 1 pres s 162 (prev s 298M) ins 2000 SL No. 35 s 4 renum 2002 SL No. 245 s 30 sch 2 State electricity entity must display translation principles s 163 (prev s 298N) ins 2000 SL No. 35 s 4 renum 2002 SL No. 245 s 30 sch 2 Secondment does not affect employment in the GOE industry s 164 (prev s 299) renum 2002 SL No. 245 s 30 sch 2 Continuous service s 165 prev s 165 om 2002 SL No. 245 s 3 sch 1 pres s 165 (prev s 300) amd 1997 SL No. 17 s 47 sch 6 renum 2002 SL No. 245 s 30 sch 2 amd 2003 SL No. 119 s 121 sch 7 Calculation at a proportionate rate for particular employees s 166 prev s 166 sub 1997 SL No. 179 s 6 om 2002 SL No. 245 s 3 sch 1 pres s 166 (prev s 301) renum 2002 SL No. 245 s 30 sch 2 PART 3—TRANSFER OF EMPLOYMENT WITHIN GOE INDUSTRY pt hdg renum 2005 SL No. 86 s 3 Application of pt 3 prov hdg amd 2005 SL No. 86 s 6 s 167 prev s 167 om 2002 SL No. 245 s 3 sch 1 pres s 167 (prev s 302) renum 2002 SL No. 245 s 30 sch 2 When there is transfer of employment within GOE industry s 168 prev s 168 om 2002 SL No. 245 s 3 sch 1 pres s 168 (prev s 303) renum 2002 SL No. 245 s 30 sch 2 amd 2005 SL No. 86 s 7 When employment with former employer and new employer is taken to be continuous service prov hdg prev prov hdg amd 1997 SL No. 220 s 14(1) s 169 prev s 169 amd 1997 SL No. 220 s 14(2); 1998 SL No. 349 s 20 om 2002 SL No. 245 s 3 sch 1 pres s 169 (prev 304) renum 2002 SL No. 245 s 30 sch 2 amd 2005 SL No. 86 s 8
183 Electricity Regulation 1994 Transferred employee may elect for leave entitlement to become leave entitlement with new employer s 170 prev s 170 om 2002 SL No. 245 s 3 sch 1 pres s 170 (pres 305) renum 2002 SL No. 245 s 30 sch 2 Payment by former employer to new employer towards long service leave entitlements not accrued on transfer s 171 prev s 171 om 2002 SL No. 245 s 3 sch 1 pres s 171 (pres 306) renum 2002 SL No. 245 s 30 sch 2 Transferred employees not made redundant s 172 prev s 172 (prev s 306A) ins 1997 SL No. 179 s 24 om 2002 SL No. 245 s 3 sch 1 pres s 172 renum 2002 SL No. 245 s 30 sch 2 Particular new employers must pay superannuation into transferred employee’s existing scheme s 173 prev s 173 om 2002 SL No. 245 s 3 sch 1 pres s 173 (prev s 306B) ins 1997 SL No. 179 s 24 renum 2002 SL No. 245 s 30 sch 2 sub 2005 SL No. 86 s 9 PART 4—RECOGNITION OF PREVIOUS SERVICE OTHER THAN ON TRANSFER pt hdg (prev ch 6, pt 3 hdg) (prev ch 7, pt 3 hdg) renum 2005 SL No. 86 s 3 Application of pt 4 prov hdg amd 1997 SL No. 179 s 25(1); 2005 SL No. 86 s 10 s 174 prev s 174 om 2002 SL No. 245 s 3 sch 1 pres s 174 (prev 307) amd 1997 SL No. 179 s 25(2) renum 2002 SL No. 245 s 30 sch 2 amd 2003 SL No. 123 s 6; 2005 SL No. 86 s 10 Recognition of previous service s 175 prev s 175 om 2002 SL No. 245 s 3 sch 1 pres s 175 (prev s 308) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 PART 5—LONG SERVICE LEAVE pt hdg (prev ch 6, pt 4 hdg) sub 2001 SL No. 138 s 3 (prev ch 7, pt 4 hdg) renum 2005 SL No. 86 s 3 Division 1—Entitlement div hdg (prev ch 6, pt 4, div 1 hdg) ins 2001 SL No. 138 s 3 Subdivision 1—General entitlement provision sdiv hdg (prev ch 6, pt 4, div 1, sdiv 1 hdg) ins 2001 SL No. 138 s 3 Entitlement to long service leave s 176 prev s 176 om 2002 SL No. 245 s 3 sch 1 pres s 176 (prev s 309) amd 2001 SL No. 138 s 4 renum 2002 SL No. 245 s 30 sch 2
184 Electricity Regulation 1994 Subdivision 2—Service and continuity of service sdiv hdg (prev ch 6, pt 4, div 1, sdiv 2 hdg) ins 2001 SL No. 138 s 5 Service recognised for long service leave purposes s 177 prev s 177 om 2002 SL No. 245 s 3 sch 1 pres 177 (prev 310) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 amd 2003 SL No. 123 s 7; 2005 SL No. 86 s 11 Casual employees s 178 prev s 178 om 2002 SL No. 245 s 3 sch 1 pres s 178 (prev s 310A) ins 2001 SL No. 138 s 6 renum 2002 SL No. 245 s 30 sch 2 Periods of absence without pay that count as ‘service’ s 179 prev s 179 om 2002 SL No. 245 s 3 sch 1 pres s 179 (orig s 313) amd 1997 SL No. 17 s 47 sch 6; 2001 SL No. 138 s 8 renum (as s 312) 2001 SL No. 138 s 11(3) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 amd 2003 SL No. 119 s 121 sch 7 Subdivision 3—Calculation of entitlement sdiv hdg (prev ch 6, pt 4, div 1, sdiv 3 hdg) ins 2001 SL No. 138 s 9 Calculation of long service leave s 180 prev s 180 om 2002 SL No. 245 s 3 sch 1 pres s 180 (orig s 311) amd 2001 SL No. 138 s 7 reloc and renum (as s 313) 2001 SL No. 138 s 11(1) renum 2002 SL No. 245 s 30 sch 2 Casual employees—conversion to full time equivalent s 181 prev s 181 om 2002 SL No. 245 s 3 sch 1 pres s 181 (prev s 113A) ins 2001 SL No. 138 s 10 renum 2002 SL No. 245 s 30 sch 2 Division 2—Obtaining long service leave div hdg (prev ch 6, pt 4, div 2 hdg) ins 2001 SL No. 138 s 10 Applications for long service leave s 182 prev s 182 amd 1998 SL No. 349 s 21 om 2002 SL No. 245 s 3 sch 1 pres s 182 (prev s 314) renum 2002 SL No. 245 s 30 sch 2 Employer’s right to refuse or defer long service leave s 183 prev s 183 amd 1998 SL No. 349 s 21 om 2002 SL No. 245 s 3 sch 1 pres s 183 (prev s 315) renum 2002 SL No. 245 s 30 sch 2 Division 3—Miscellaneous provisions div hdg (prev ch 6, pt 4, div 3 hdg) ins 2001 SL No. 138 s 12
185 Electricity Regulation 1994 Minimum period s 184 prev s 184 om 2002 SL No. 245 s 3 sch 1 pres s 184 (orig s 312) reloc and renum (as s 315A) 2001 SL No. 138 s 11(2) renum 2002 SL No. 245 s 30 sch 2 Employer’s right to recall an employee from leave s 185 prev s 185 om 2002 SL No. 245 s 3 sch 1 pres s 185 (prev s 316) renum 2002 SL No. 245 s 30 sch 2 Public holidays happening during long service leave s 186 prev s 186 om 2002 SL No. 245 s 3 sch 1 pres s 186 (prev s 317) renum 2002 SL No. 245 s 30 sch 2 Illness during long service leave s 187 prev s 187 om 2002 SL No. 245 s 3 sch 1 pres s 187 (prev s 318) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Payment of cash equivalent of long service leave s 188 prev s 188 om 2002 SL No. 245 s 3 sch 1 pres s 188 (prev s 319) renum 2002 SL No. 245 s 30 sch 2 Preservation of certain existing rights s 189 prev s 189 om 2002 SL No. 245 s 3 sch 1 pres s 189 (prev s 320) renum 2002 SL No. 245 s 30 sch 2 PART 6—LOCALITY ALLOWANCES pt hdg (prev ch 7, pt 5 hdg) renum 2005 SL No. 86 s 3 Application of pt 6 prov hdg amd 2005 SL No. 86 s 12 s 190 prev s 190 om 2002 SL No. 245 s 3 sch 1 pres s 190 (prev s 320A) ins 2001 SL No. 138 s 13 renum 2002 SL No. 245 s 30 sch 2 amd 2005 SL No. 86s 12 Allowance payable to a GOE industry employee with a dependent spouse or dependent child s 191 prev s 191 om 2002 SL No. 245 s 3 sch 1 pres s 191 (prev s 321) amd 1998 SL No. 349 s 24; 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Allowance payable to other employees s 192 prev s 192 amd 1998 SL No. 349 s 22 om 2002 SL No. 245 s 3 sch 1 pres s 192 (prev s 322) amd 1998 SL No. 349 s 25 renum 2002 SL No. 245 s 30 sch 2 Allowance payable if both spouses are entitled s 193 prev s 193 om 2002 SL No. 245 s 3 sch 1 pres 193 (prev 323) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2
186 Electricity Regulation 1994 Allowance payable to an employee absent from headquarters on duty s 194 prev s 194 om 2002 SL No. 245 s 3 sch 1 pres s 194 (prev s 324) renum 2002 SL No. 245 s 30 sch 2 Allowance payable to an employee on leave s 195 prev s 195 om 2002 SL No. 245 s 3 sch 1 pres s 195 (prev s 325) renum 2002 SL No. 245 s 30 sch 2 Building projects where site allowance is paid s 196 prev s 196 om 2002 SL No. 245 s 3 sch 1 pres s 196 (prev s 326) renum 2002 SL No. 245 s 30 sch 2 PART 7—OVERTIME PAYMENTS pt hdg (prev ch 6, pt 5A hdg) ins 1997 SL No. 300 s 3 renum 2002 SL No. 245 s 30 sch 2 (prev ch 7, pt 6 hdg) renum 2005 SL No. 86 s 3 Overtime payments s 197 prev s 197 om 2002 SL No. 245 s 3 sch 1 pres s 197 (prev s 326A) ins 1997 SL No. 300 s 3 amd 1999 SL No. 42 s 4 renum 2002 SL No. 245 s 30 sch 2 PART 8—PROVISIONS CONCERNING ELECTRICITY RESTRUCTURE pt hdg (prev ch 6, pt 6 hdg) sub 1997 SL No. 179 s 26 renum 2002 SL No. 245 s 30 sch 2 (prev ch 7, pt 8 hdg) renum 2005 SL No. 86 s 3 Division 1—Continuation of employment div hdg ins 2005 SL No. 86 s 13 Continuation of employment if employer becomes a GOC s 198 prev s 198 amd 1998 SL No. 349 s 23 om 2002 SL No. 245 s 3 sch 1 pres s 198 (prev s 327) sub 1997 SL No. 179 s 26 renum 2002 SL No. 245 s 30 sch 2 Division 2—Redundant employees div hdg ins 2005 SL No. 86 s 14 Meaning of “redundant” and “redundant employee” for div 2 prov hdg amd 2005 SL No. 86 s 15(1) s 199 prev s 199 om 2002 SL No. 245 s 3 sch 1 pres s 199 (prev s 327A) ins 1997 SL No. 179 s 26 renum 2002 SL No. 245 s 30 sch 2 amd 2005 SL No. 86 s 15(2)–(3) Restriction on engaging redundant employees s 200 prev s 200 om 2002 SL No. 245 s 3 sch 1 pres s 200 (prev s 327B) ins 1997 SL No. 179 s 26 amd 1997 SL No. 224 s 5; 1999 SL No. 42 s 5 renum 2002 SL No. 245 s 30 sch 2 INDUSTRY
187 Electricity Regulation 1994 CHAPTER 8—REVIEW OF AND APPEALS AGAINST DECISIONS ch hdg (prev ch 7 hdg) renum 2002 SL No. 245 s 30 sch 2 Who may apply for review etc. s 201 prev s 201 om 2002 SL No. 245 s 3 sch 1 pres s 201 (prev s 328) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Applying for review s 202 prev s 202 om 2002 SL No. 245 s 3 sch 1 pres 202 (prev s 329) renum 2002 SL No. 245 s 30 sch 2 Stay of operation of decision etc. s 203 prev s 203 om 2002 SL No. 245 s 3 sch 1 pres 203 (prev s 330) renum 2002 SL No. 245 s 30 sch 2 Decision on review s 204 prev s 204 om 2002 SL No. 245 s 3 sch 1 pres s 204 (prev s 331) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Division 1—Appeals against decisions on what is fair and reasonable div hdg (prev ch 7, pt 2, div 1 hdg) ins 1997 SL No. 313 s 13 sub 1997 SL No. 473 s 23 Who may appeal s 205 prev s 205 om 2002 SL No. 245 s 3 sch 1 pres s 205 (prev s 331A) ins 1997 SL No. 313 s 13 sub 1997 SL No. 473 s 23 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Making appeal s 206 prev s 206 om 2002 SL No. 245 s 3 sch 1 pres s 206 (prev s 331B) ins 1997 SL No. 313 s 13 sub 1997 SL No. 473 s 23 amd 2000 SL No. 250 s 13; 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Division 2—Appeals against certain decisions by regulator div hdg (prev ch 7, pt 2, div 2 hdg) ins 1997 SL No. 313 s 13 amd 2002 SL No. 245 s 3 sch 1 Who may make an appeal s 207 prev s 207 om 2002 SL No. 245 s 3 sch 1 pres s 207 (prev s 332) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 Making appeals s 208 prev s 208 om 2002 SL No. 245 s 3 sch 1 pres s 208 (prev s 333) amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 amd 2005 SL No. 86 s 16
188 Electricity Regulation 1994 Starting appeals s 209 prev s 209 om 2002 SL No. 245 s 3 sch 1 pres s 209 (pres s 334) renum 2002 SL No. 245 s 30 sch 2 Stay of operation of decisions s 210 prev s 210 exp 1 January 2002 (see s 210(2)) pres s 210 (pres s 335) renum 2002 SL No. 245 s 30 sch 2 Powers of court on appeal s 211 (prev s 336) renum 2002 SL No. 245 s 30 sch 2 Effect of court’s decision on appeal s 212 (prev s 337) renum 2002 SL No. 245 s 30 sch 2 Procedure of court s 213 (prev s 338) amd 1997 SL No. 300 s 4 renum 2002 SL No. 245 s 30 sch 2 amd 2003 SL No. 123 s 8 Appeals s 214 (prev s 339) amd 2000 SL No. 250 s 13 renum 2002 SL No. 245 s 30 sch 2 PART 3—CERTIFICATE OF EMPLOYMENT AND ENTITLEMENTS pt hdg exp 1 July 1995 (see s 350) PART 5—FINALISING THE POOL pt hdg ins 1998 SL No. 327 s 4 exp 31 December 1999 (see s 354) CHAPTER 9—GENERAL PROVISIONS ch hdg (prev ch 8 hdg) renum 2002 SL No. 245 s 30 sch 2 PART 1—EXEMPTIONS FROM ACT pt hdg om 2003 SL No. 123 s 9 Division 1—General div hdg (prev ch 8, pt 1, div 1 hdg) ins 1997 SL No. 313 s 14 om 2003 SL No. 123 s 9 Exemption about certain mines and petroleum plant s 215 (prev s 340) amd 2002 SL No. 245 s 19 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Exemption for connection of generating plant not supplying electricity to transmission grid or supply network s 216 (prev s 341) renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Exemption for Brisbane Airport Rail Link s 217 (prev s 341B) ins 1998 SL No. 260 s 3 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9
189 Electricity Regulation 1994 Division 2—On-suppliers div hdg (prev ch 8, pt 1, div 2 hdg) ins 1997 SL No. 313 s 15 om 2003 SL No. 123 s 9 Subdivision 1—Preliminary sdiv hdg (prev ch 8, pt 1, div 2, sdiv 1 hdg) ins 2000 SL No. 262 s 3 om 2003 SL No. 123 s 9 Definitions for div 2 s 218 pres s 218 (prev s 342) ins 1997 SL No. 179 s 27 sub 1997 SL No. 313 s 15 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 def “accounting period” ins 2002 SL No. 245 s 20(2) om 2003 SL No. 123 s 9 def “anniversary” ins 2000 SL No. 262 s 4 om 2002 SL No. 245 s 20(1) def “common area” ins 2000 SL No. 262 s 4 om 2003 SL No. 123 s 9 def “common area consumption” ins 2000 SL No. 262 s 4 om 2003 SL No. 123 s 9 def “first accounting period” ins 2002 SL No. 245 s 20(2) om 2003 SL No. 123 s 9 def “on-supplier” amd 2002 SL No. 245 s 20(3)–(4) om 2003 SL No. 123 s 9 def “on-supplier’s premises” ins 2000 SL No. 262 s 4 om 2003 SL No. 123 s 9 def “on-supply agreement” ins 2000 SL No. 262 s 4 amd 2002 SL No. 245 s 3 sch 1 om 2003 SL No. 123 s 9 def “receiver” amd 2002 SL No. 245 s 20(5) om 2003 SL No. 123 s 9 def “year” ins 2000 SL No. 262 s 4 om 2002 SL No. 245 s 20(1) Subdivision 2—Exemptions sdiv hdg (prev ch 8, pt 1, div 2, sdiv 2 hdg) ins 2000 SL No. 262 s 5 om 2003 SL No. 123 s 9 Exemptions for on-suppliers s 219 (prev s 342A) ins 1997 SL No. 313 s 15 amd 2000 SL No. 262 s 6 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Subdivision 3—On-supply agreements sdiv hdg (prev ch 8, pt 1, div 2, sdiv 3 hdg) ins 2000 No. 262 s 7 om 2003 SL No. 123 s 9
190 Electricity Regulation 1994 On-supply agreements s 220 (prev s 342B) ins 1997 SL No. 313 s 15 sub 2000 SL No. 262 s 7 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Regulation prevails over on-supply agreement s 221 (prev s 342C) ins 2000 SL No. 262 s 7 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Subdivision 4—Preliminary disclosure requirements about common area charges sdiv hdg (prev ch 8, pt 1, div 2, sdiv 4 hdg) ins 2000 SL No. 262 s 7 om 2003 SL No. 123 s 9 Application of sdiv 4 s 222 (prev s 342D) ins 2000 SL No. 262 s 7 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Preliminary consumption estimate s 223 (prev s 342E) ins 2000 SL No. 262 s 7 amd 2002 SL No. 245 s 21 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Required contents for on-supply agreement s 224 (prev s 342F) ins 2000 SL No. 262 s 7 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Consequence of not complying with sdiv 4 s 225 (prev s 342G) ins 2000 SL No. 262 s 7 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Subdivision 5—Individual metering sdiv hdg (prev ch 8, pt 1, div 2, sdiv 5 hdg) ins 2000 SL No. 262 s 7 om 2003 SL No. 123 s 9 Individual metering option s 226 (prev s 342H) ins 2000 SL No. 262 s 7 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Compensation for installation damage s 227 (prev s 342I) ins 2000 SL No. 262 s 7 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9
191 Electricity Regulation 1994 Maximum charge for metered supply s 228 (prev s 342J) ins 2000 SL No. 262 s 7 amd 2002 SL No. 245 s 22 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Subdivision 6—Disclosure requirements for common area consumption charges sdiv hdg (prev ch 8, pt 1, div 2, sdiv 6 hdg) ins 2000 SL No. 262 s 7 om 2003 SL No. 123 s 9 Application of sdiv 6 s 229 (prev s 342K) ins 2000 SL No. 262 s 7 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Periodic consumption estimates s 230 (prev s 342L) ins 2000 SL No. 262 s 7 sub 2002 SL No. 245 s 23 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Annual audited statements s 231 (prev s 342M) ins 2000 SL No. 262 s 7 amd 2002 SL No. 245 s 24 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Content requirements for audited statement s 232 (prev s 342N) ins 2000 SL No. 262 s 7 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Subdivision 7—On-suppliers who operate a private network sdiv hdg (prev ch 8, pt 1, div 2, sdiv 7 hdg) ins 2000 SL No. 262 s 7 amd 2002 SL No. 245 s 3 sch 1 om 2003 SL No. 123 s 9 Market Code exemption required s 233 (prev s 342O) ins 2000 SL No. 262 s 7 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 PART 2—MARKET CODE APPOINTMENTS pt hdg (prev ch 8, pt 1A hdg) ins 1997 SL No. 313 s 16 renum 2002 SL No. 245 s 30 sch 2 Application of pt 2 prov hdg amd 2002 SL No. 245 s 3 sch 1 s 234 pres s 234 (prev s 343) ins 1997 SL No. 179 s 27 sub 1997 SL No. 313 s 16 renum 2002 SL No. 245 s 30 sch 2
192 Electricity Regulation 1994 Electrical regions s 235 (prev s 343C) ins 1997 SL No. 313 s 16 renum 2002 SL No. 245 s 30 sch 2 Extended transmission regulation commencement s 236 (prev s 343H) ins 1997 SL No. 313 s 16 renum 2002 SL No. 245 s 30 sch 2 Jurisdictional Regulator s 237 prev s 237 sub 1997 SL No. 179 s 8 om 2002 SL No. 245 s 3 sch 1 pres s 237 (prev s 343I) ins 1997 SL No. 313 s 16 renum 2002 SL No. 245 s 30 sch 2 PART 3—APPLICATION OF FREEDOM OF INFORMATION ACT AND JUDICIAL REVIEW ACT TO STATE ELECTRICITY ENTITIES pt hdg (prev ch 8, pt 2 hdg) renum 2002 SL No. 245 s 30 sch 2 Commercial and excluded activities for Act, s 256 prov hdg sub 1997 SL No. 313 s 17 s 238 pres s 238 (prev s 342) amd 1997 SL No. 179 s 28(1)–(3) renum 1997 SL No. 179 s 28(4) amd 1997 SL No. 313 s 17; 1997 SL No. 473 s 27; 2002 SL No. 245 s 3 sch 1 (prev s 344) renum 2002 SL No. 245 s 30 sch 2 (3) exp 23 May 1998 (see s 344(5)) PART 4—DECLARED STATE ELECTRICITY ENTITIES pt hdg (prev ch 8, pt 3 hdg) ins 1997 SL No. 179 s 29 renum 2002 SL No. 245 s 30 sch 2 Declarations—Act, ss 259A(1) and 299 prov hdg sub 2005 SL No. 86 s 17 s 239 pres s 239 (prev s 345) sub 1998 SL No. 251 s 5; 1999 SL No. 42 s 6 renum 2002 SL No. 245 s 30 sch 2 amd 2005 SL No. 86 s 17 PART 5—DECLARED CONSTRUCTING AUTHORITIES pt hdg (prev ch 8, pt 3A hdg) ins 2002 SL No. 245 s 25 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Declared constructing authorities s 240 new s 240 (prev s 345A) ins 2002 SL No. 245 s 25 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Declarations—Act, s 259A(2) s 240 ins 2005 SL No. 86 s 18 PART 6—MISCELLANEOUS pt hdg (prev ch 8, pt 4 hdg) renum 2002 SL No. 245 s 30 sch 2
193 Electricity Regulation 1994 Approved industry superannuation scheme s 241 (orig s 351A) ins 1995 SL No. 221 s 5 renum (as s 346) 1997 SL No. 179 s 30 renum 2002 SL No. 245 s 30 sch 2 Fees s 242 pres s 242 (orig s 352) renum 1997 SL No. 179 s 30 sub 2000 SL No. 149 s 4 amd 2002 SL No. 245 s 3 sch 1 renum (as s 347) 2002 SL No. 245 s 30 sch 2 Forms s 243 (orig s 353) renum (as s 348) 1997 SL No. 179 s 30 renum 2002 SL No. 245 s 30 sch 2 PART 7—TRANSITIONAL PROVISIONS FOR ELECTRICITY AMENDMENT REGULATION (No. 2) 2000 pt hdg (prev ch 8, pt 5 hdg) ins 2000 SL No. 262 s 8 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Existing decisions or agreements about on-supply charging s 244 new s 244 (prev s 349) ins 2000 SL No. 262 s 8 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 Existing agreements about common area consumption s 245 (prev s 350) ins 2000 SL No. 262 s 8 amd 2002 SL No. 245 s 3 sch 1 renum 2002 SL No. 245 s 30 sch 2 om 2003 SL No. 123 s 9 PART 8—TRANSITIONAL PROVISIONS FOR ELECTRICITY LEGISLATION AMENDMENT REGULATION (No. 1) 2002 pt hdg (prev ch 8, pt 6 hdg) ins 2002 SL No. 245 s 26 renum 2002 SL No. 245 s 30 sch 2 Electric lines installed or operated before 1 October 2002 s 246 (prev s 350A) ins 2002 SL No. 245 s 26 renum 2002 SL No. 245 s 30 sch 2 Existing registrations of items of prescribed electrical equipment s 247 (prev s 351) ins 2002 SL No. 245 s 26 renum 2002 SL No. 245 s 30 sch 2 Existing approvals, notices, decisions and requirements given or made by regulator s 248 (prev s 352) ins 2002 SL No. 245 s 26 renum 2002 SL No. 245 s 30 sch 2 Amendments must be approved by Minister s 248E ins 1997 SL No. 179 s 8 om 1997 SL No. 473 s 13
194 Electricity Regulation 1994 Where electricity restriction applies s 248R (prev s 248G) ins 1995 SL No. 375 s 4 renum 1997 SL No. 179 s 9 amd 1999 SL No. 141 s 6 om 2000 SL No. 315 s 5 Electricity restrictions s 248S (prev s 248H) ins 1995 SL No. 375 s 4 renum 1997 SL No. 179 s 9 om 2000 SL No. 315 s 5 Existing applications s 249 (prev s 353) ins 2002 SL No. 245 s 26 renum 2002 SL No. 245 s 30 sch 2 Unfinished appeals s 250 (prev s 354) ins 2002 SL No. 245 s 26 renum 2002 SL No. 245 s 30 sch 2 Queensland grid code to be followed s 251 om 1997 SL No. 313 s 9 Arrangements with other electricity entities about system control s 252 om 1997 SL No. 313 s 9 Additional operating instructions s 253 om 1997 SL No. 313 s 9 Dealings to be impartial s 254 om 1997 SL No. 313 s 9 Confidentiality s 255 om 1997 SL No. 313 s 9 Reasonable charges for services s 256 om 1997 SL No. 313 s 9 Retail entity must comply with prices or methodology s 262B ins 1997 SL No. 473 s 18 exp 13 December 1998 (see s 262B(3)) Ancillary services at direction of Queensland System Operator s 263 sub 1997 SL No. 313 s 11 exp 23 May 1998 (see s 263A) Expiry of pt 3 s 263A ins 1997 SL No. 473 s 19 exp 23 May 1998 (see s 263A) Condition to comply with Queensland grid code s 264 sub 1997 SL No. 179 s 11 om 1997 SL No. 313 s 11 Condition to comply with Queensland grid code s 265 sub 1997 SL No. 179 s 11 om 1997 SL No. 313 s 11
195 Electricity Regulation 1994 Condition to comply with Queensland grid code s 266 om 1997 SL No. 313 s 11 Regulator may exempt from Queensland grid code s 266A ins 1997 SL No. 220 s 15 om 1997 SL No. 313 s 11 Application of this part s 267 amd 1995 SL No. 235 s 3; 1997 SL No. 220 s 16; 1997 SL No. 224 s 4 om 1997 SL No. 313 s 11 Trade if generation less than 30 MW net capacity only with retail entity etc. prov hdg amd 1997 SL No. 268 s 12(1) s 268 amd 1997 SL No. 268 s 12(2) om 1997 SL No. 313 s 11 Written agreements required s 269 om 1997 SL No. 313 s 11 Payments for retail trade decided by parties s 270 om 1997 SL No. 313 s 11 Amount payable for electricity bought by wholesale trade s 271 sub 1995 SL No. 208 s 4 amd 1996 SL No. 86 s 3 om 1997 SL No. 313 s 11 Network services to comply with Queensland grid code s 272 amd 1997 SL No. 179 s 13 om 1997 SL No. 313 s 11 Seller in retail trade to meet cost of network services etc. s 273 amd 1997 SL No. 179 s 14 om 1997 SL No. 313 s 11 Sellers and buyers in wholesale trade to meet cost of network services etc. s 274 amd 1997 SL No. 179 s 15 om 1997 SL No. 313 s 11 Transmission entity and distribution entity responsible for metering system prov hdg amd 1997 SL No. 179 s 16(1) s 275 amd 1997 SL No. 179 s 16(2) om 1997 SL No. 313 s 11 System control entity to schedule in accordance with principles of economic dispatch s 276 om 1997 SL No. 313 s 11 Generation participants to advise system control entity of operating costs s 277 om 1997 SL No. 313 s 11 Retention of cost records s 278 om 1997 SL No. 313 s 11 Commitment and dispatch to be decided on costs as advised s 279 om 1997 SL No. 313 s 11
196 Electricity Regulation 1994 Electricity generated by hydro-electric generating plant s 280 sub 1996 SL No. 86 s 4 om 1997 SL No. 313 s 11 Treatment of electricity generated by pumped storage generating plant s 281 amd 1996 SL No. 86 s 5 om 1997 SL No. 313 s 11 Ancillary services at direction of system control entity s 282 om 1997 SL No. 313 s 11 Grid and network losses to be considered in commitment and dispatch s 283 om 1997 SL No. 313 s 11 Allocation of electrical losses in transmission grid and supply networks s 284 amd 1997 SL No. 179 s 17 om 1997 SL No. 313 s 11 Adjustments for interconnected transmission grids and supply networks s 285 om 1997 SL No. 313 s 11 Working out of electricity taken by distribution entity prov hdg amd 1997 SL No. 179 s 18(1) s 286 amd 1997 SL No. 179 s 18(2) om 1997 SL No. 313 s 11 Appointment of QETC as settlements entity s 287 amd 1997 SL No. 179 s 19 om 1997 SL No. 313 s 11 General powers of settlements entity s 288 om 1997 SL No. 313 s 11 System control entity responsible for collection and verification of data s 289 om 1997 SL No. 313 s 11 Obligations of trading participants to settlements entity in working out fixed charges s 290 om 1997 SL No. 313 s 11 Access to data by trading participants s 291 om 1997 SL No. 313 s 11 Retention of data s 292 om 1997 SL No. 313 s 11 Audit of data s 293 om 1997 SL No. 313 s 11 Approval to act under agreements under Electricity Act 1976 s 297 exp 1 January 1996 (sees 297(4)) Disciplinary action against special approval holder s 298 om 2000 SL No. 309 s 3
197 Electricity Regulation 1994 NorthPower’s authorised supplier authorities s 298A ins 1997 SL No. 179 s 23 amd 1997 SL No. 473 s 20 exp 30 June 1998 (see s 298A(6)) Special approval for certain activities under s 138 of the repealed Act s 298C ins 1997 SL No. 473 s 21 exp 2 July 1998 (see s 298C(6)) Exemption from Act, s 92I(2)(a) s 341A ins 1997 SL No. 473 s 24 exp 13 December 1998 (see s 341A(2)) Exemption for Ergon Energy s 341C ins 1999 SL No. 141 s 8 om 2002 SL No. 245 s 3 sch 1 Application of Part s 343 exp 1 July 1995 (see s 350) NECA’s functions s 343A ins 1997 SL No. 313 s 16 amd 1997 SL No. 473 s 25 exp 23 May 1998 (see s 343A(3)) Management company’s functions s 343B ins 1997 SL No. 313 s 16 amd 1997 SL No. 473 s 26 exp 23 May 1998 (see s 343B(2)) Compensation s 343D ins 1997 SL No. 313 s 16 amd 1997 SL No. 473 s 26 exp 23 May 1998 (see s 343D(2)) Secure operating and satisfactory operating states s 343E ins 1997 SL No. 313 s 16 amd 1997 SL No. 473 s 26 exp 23 May 1998 (see s 343E(2)) Capacity reserve s 343F ins 1997 SL No. 313 s 16 amd 1997 SL No. 473 s 26 exp 23 May 1998 (see s 343F(2)) Operating procedures s 343G ins 1997 SL No. 313 s 16 amd 1997 SL No. 473 s 26 exp 23 May 1998 (see s 343G(2)) Assigned employer to give assigned employees certificate of employment and entitlement s 344 exp 1 July 1995 (see s 350)
198 Electricity Regulation 1994 Assigned employee may ask for, or for change to, assignment certificate s 346 exp 1 July 1995 (see s 350) Assigned employer to act on request s 347 exp 1 July 1995 (see s 350) Employee to acknowledge receipt of certificate on request s 348 exp 1 July 1995 (see s 350) Levy on electricity entities—Act, s 64AA s 348A ins 2000 SL No. 309 s 4 sub 2001 SL No. 69 s 3 om 2002 SL No. 245 s 3 sch 1 Definitions s 349 prev s 349 exp 1 July 1995 (see s 350) new s 349 ins 1998 SL No. 327 s 4 exp 31 December 1999 (see s 354) Approval of transitional Market Code s 350 prev s 350 exp 1 July 1995 (see s 350) new s 350 ins 1998 SL No. 327 s 4 exp 31 December 1999 (see s 354) Administrator's function—regional system control s 351 prev s 351 amd 1995 SL No. 221 s 4 exp 1 January 1996 (see s 351(3)) new s 351 ins 1998 SL No. 327 s 4 exp 31 December 1999 (see s 354) Transitional Market Code to be open for inspection s 352 ins 1998 SL No. 327 s 4 exp 31 December 1999 (see s 354) Complying with transitional Market Code s 353 ins 1998 SL No. 327 s 4 exp 31 December 1999 (see s 354) When part expires s 354 ins 1998 SL No. 327 s 4 sub 1999 SL No. 21 s 3; 1999 SL No. 141 s 9 exp 31 December 1999 (see s 354) SCHEDULE 1—MAXIMUM PERMITTED RATING OF ELECTRIC MOTORS sch hdg amd 2002 SL No. 245 s 3 sch 1 sch 1 prev sch 1 om 2002 SL No. 245 s 3 sch 1 pres sch 1 (prev s 3AA) ins 2000 SL No. 315 s 6 renum 2002 SL No. 245 s 30 sch 2 sub 2003 SL No. 314 s 8
199 Electricity Regulation 1994 SCHEDULE 2—OTHER CONTESTABLE CUSTOMERS prov hdg amd 2002 SL No. 245 s 3 sch 1 sch 2 prev sch 2 amd 1997 SL No. 220 s 18 om 2002 SL No. 245 s 3 sch 1 pres sch 2 (prev sch 3A) ins 1998 SL No. 53 s 7 renum 2002 SL No. 245 s 30 sch 2 SCHEDULE 3—SPECIAL APPROVAL HOLDERS TREATED AS ELECTRICITY ENTITIES sch hdg amd 2002 SL No. 245 s 3 sch 1 sch 3 prev sch 3 amd 1997 SL No. 220 s 19 om 2002 SL No. 245 s 3 sch 1 pres sch 3 (prev sch 3B) ins 2000 SL No. 309 s 5 amd 2002 SL No. 245 s 27 renum 2002 SL No. 245 s 30 sch 2 amd 2003 SL No. 123 s 10; 2004 SL No. 74 s 10 SCHEDULE 4—PRESCRIBED ELECTRICAL EQUIPMENT AND RELEVANT STANDARDS (prev sch 3C) ins 2002 SL No. 245 s 28 renum 2002 SL No. 245 s 30 sch 2 amd 2003 SL No. 103 s 4; 2004 SL No. 223 s 6 SCHEDULE 5—REVIEW OF DECISIONS BY THE REGULATOR (prev sch 4) sub 1997 SL No. 179 s 31; 2002 SL No. 245 s 29 renum 2002 SL No. 245 s 30 sch 2 amd 2003 SL No. 123 s 11 SCHEDULE 6—APPEALS AGAINST ADMINISTRATIVE DECISIONS TO MAGISTRATES COURT (prev sch 5) amd 1999 No. 169 s 4 sub 2002 SL No. 245 s 29 renum 2002 SL No. 245 s 30 sch 2 SCHEDULE 7—APPEALS AGAINST ADMINISTRATIVE DECISIONS TO INDUSTRIAL MAGISTRATES COURT sch hdg amd 2003 SL No. 123 s 12 sch 7 (prev sch 6) amd 2000 SL No. 250 s 14 sub 2002 SL No. 245 s 29 renum 2002 SL No. 245 s 30 sch 2 SCHEDULE 7A—PERIODIC INSTALMENTS FOR LEVY sch hdg amd 2001 SL No. 69 s 4 sch 7A ins 2000 SL No. 309 s 6 om 2002 SL No. 245 s 29 SCHEDULE 7B—PERIODIC INSTALMENTS FOR LEVY ins 2001 SL No. 69 s 5 om 2002 SL No. 245 s 29
200 Electricity Regulation 1994 SCHEDULE 8—FEES sch hdg amd 1997 SL No. 473 s 28(1) (prev sch 7) amd 1997 SL No. 473 s 28(2)–(3); 1998 SL No. 349 s 26; 2000 SL No. 149 s 5; 2002 SL No. 147 s 4; 2002 SL No. 245 s 29 sub 2002 SL No. 245 s 29 renum 2002 SL No. 245 s 30 sch 2 amd 2002 SL No. 304 s 10 sch (retro); 2003 SL No. 123 s 13; 2004 SL No. 279 s 5 SCHEDULE 9—DICTIONARY sch hdg sub 2002 SL No. 245 s 29 (prev sch 8) renum 2002 SL No. 245 s 30 sch 2 def “accounting period” ins 2002 SL No. 245 s 29 om 2003 SL No. 123 s 14 def “active” or “active conductor” om from prev sch 8 2002 SL No. 245 s 29 def “adjusted period” om from prev sch 8 2002 SL No. 245 s 29 def “ affected customer ” ins 2002 SL No. 61 s 4 sub 2002 SL No. 245 s 29 def “affected employee” om from prev sch 8 2002 SL No. 245 s 29 def “anniversary” ins 2000 SL No. 262 s 9 om from prev sch 8 2002 SL No. 245 s 29 def “anode” om from prev sch 8 2002 SL No. 245 s 29 def “appropriate doctor” om from prev sch 8 2002 SL No. 245 s 29 def “approved connections” ins 1997 SL No. 473 s 29(2) om from prev sch 8 1998 SL No. 251 s 6(1) def “approved form” ins 2002 SL No. 245 s 29 def “approved safety switch” ins 2002 SL No. 180 s 7 om from prev sch 8 2002 SL No. 245 s 29 def “approved supply” ins 1997 SL No. 473 s 29(2) om from prev sch 8 1998 SL No. 251 s 6(1) def “AS” sub 1998 SL No. 349 s 27 om from prev sch 8 2001 SL No. 69 s 6 def “AS/NZS” ins 1998 SL No. 349 s 27(2) sub 2002 SL No. 245 s 29 def “assigned employee” om from prev sch 8 2000 SL No. 250 s 15(1) def “assigned employer” om from prev sch 8 000 SL No. 250 s 15(1) def “assignment certificate” om from prev sch 8 2000 SL No. 250 s 15(1) def “by direct contact with” om from prev sch 8 2002 SL No. 245 s 29 def “by indirect contact with” om from prev sch 8 2002 SL No. 245 s 29 def “casual employee” ins 2001 SL No. 138 s 14(1) sub 2002 SL No. 245 s 29 def “cathodically protected structure” om from prev sch 8 2002 SL No. 245 s 29 def “check inspection” om from prev sch 8 2002 SL No. 245 s 29 def “check testing” ins 2002 SL No. 245 s 29 def “chief executive (land)” ins 2002 SL No. 180 s 7 om from prev sch 8 2002 SL No. 245 s 29 def “combined form” ins 2002 SL No. 180 s 7 om from prev sch 8 2002 SL No. 245 s 29
201 Electricity Regulation 1994 def “common area” ins 2000 SL No. 262 s 9 sub 2002 SL No. 245 s 29 om 2003 SL No. 123 s 14 def “common area consumption” ins 2000 SL No. 262 s 9 sub 2002 SL No. 245 s 29 om 2003 SL No. 123 s 14 def “competent person” ins 2002 SL No. 245 s 29 def “connection” ins 1997 SL No. 473 s 29(2) om from prev sch 8 1998 SL No. 251 s 6(1) def “consumers terminals” ins 2000 SL No. 250 s 15(2) sub 2002 SL No. 245 s 29 def “contestable customer” om from prev sch 8 2002 SL No. 245 s 29 def “cooling-off period” ins 2004 SL No. 75 s 11(2) def “corresponding law” ins 2002 SL No. 245 s 29 def “customer connection services” ins 1997 SL No. 179 s 32(2) om from prev sch 8 1997 SL No. 473 s 29(1) def “customer retail services” ins 1997 SL No. 179 s 32(2) om from prev sch 8 1997 SL No. 473 s 29(1) def “customer’s generating plant for emergency supply” sub 2002 SL No. 245 s 29 def “date of possession” ins 2002 SL No. 180 s 7 om from prev sch 8 2002 SL No. 245 s 29 def “distribution entity” ins 1997 SL No. 179 s 32(2) sub 2002 SL No. 245 s 29 def “domestic residence” ins 2002 SL No. 180 s 7 om from prev sch 8 2002 SL No. 245 s 29 def “earthed” om from prev sch 8 2002 SL No. 245 s 29 def “EGTS award” ins 2000 SL No. 35 s 5 sub 2002 SL No. 245 s 29 def “electrical appliance” ins 2002 SL No. 245 s 29 def “electrical fitter” om from prev sch 8 2002 SL No. 245 s 29 def “electrical installation” sub 2002 SL No. 245 s 29 def “electrical jointer” om from prev sch 8 2002 SL No. 245 s 29 def “electrical linesperson” om from prev sch 8 2002 SL No. 245 s 29 def “electrical mechanic” om from prev sch 8 2002 SL No. 245 s 29 def “electrical worker” om from prev sch 8 2002 SL No. 245 s 29 def “electricity industry employee” prev def sub 2000 SL No. 35 s 5 om 2005 SL No. 86 s 19(1) pres def reloc from s 156 2005 SL No. 86 s 5(2) def “employer” om from prev sch 8 2002 SL No. 245 s 29 def “employment entitlement” ins 2005 SL No. 86 s 19(2) def “engineering tradesperson (electrical)” om from prev sch 8 2002 SL No. 245 s 29 def “Ergon Energy” ins 1999 SL No. 141 s 10 om from prev sch 8 2002 SL No. 245 s 29 def “ESIE award” sub 2000 SL No. 35 s 5 def “EWC Board” om from prev sch 8 2002 SL No. 245 s 29 def “exposed” om from prev sch 8 2002 SL No. 245 s 29 def “external authority” om from prev sch 8 2002 SL No. 245 s 29
202 Electricity Regulation 1994 def “first accounting period” ins 2002 SL No. 245 s 29 om 2003 SL No. 123 s 14 def “foreign structure” om from prev sch 8 2002 SL No. 245 s 29 def “foreign structure owner” om from prev sch 8 2002 SL No. 245 s 29 def “former employer” sub 2002 SL No. 245 s 29 amd 2005 SL No. 86 s 19(3) def “former employment” sub 2002 SL No. 245 s 29 amd 2005 SL No. 86 s 19(4) def “future employer” ins 2005 SL No. 86 s 19(2) def “general purpose socket-outlet” ins 2002 SL No. 180 s 7 om from prev sch 8 2002 SL No. 245 s 29 def “GOE industry” sub 2002 SL No. 245 s 29 amd 2005 SL No. 86 s 19(5) def “GOE industry employee” amd 2001 SL No. 138 s 14(2) sub 2002 SL No. 245 s 29; 2005 SL No. 86 s 19(1)–(2) def “high voltage” om from prev sch 8 2002 SL No. 245 s 29 def “host retail entity” ins 2002 SL No. 61 s 4 sub 2002 SL No. 245 s 29; 2004 SL No. 75 s 11(1)–(2) def “impressed current cathodic protection system” om from prev sch 8 2002 SL No. 245 s 29 def “industrial instrument” ins 2000 SL No. 35 s 5 sub 2002 SL No. 245 s 29 amd 2005 SL No. 86 s 19(6) def “Industrial Relations Act” ins 2000 SL No. 35 s 5 sub 2002 SL No. 245 s 29 def “Industrial Relations Commission” ins 2005 SL No. 86 s 19(2) def “industrial workplace” om from prev sch 8 2002 SL No. 245 s 29 def “information notice” ins 2002 SL No. 245 s 29 def “in proximity to” om from prev sch 8 2002 SL No. 245 s 29 def “ insolvency official ” ins 2002 SL No. 61 s 4 sub 2002 SL No. 245 s 29 def “last day” om 2002 from prev sch 8 SL No. 245 s 29 def “licence” om 2002 from prev sch 8 SL No. 245 s 29 def “licensed electrical fitter” om from prev sch 8 2002 SL No. 245 s 29 def “licensed electrical jointer” om from prev sch 8 2002 SL No. 245 s 29 def “licensed electrical linesperson” om from prev sch 8 2002 SL No. 245 s 29 def “licensed electrical mechanic” om from prev sch 8 2002 SL No. 245 s 29 def “live line work” om from prev sch 8 2002 SL No. 245 s 29 def “locality allowance” sub 2002 SL No. 245 s 29 def “loss factor” ins 2002 SL No. 61 s 4 sub 2002 SL No. 245 s 29 def “lot” ins 2002 SL No. 245 s 29 def “low voltage” sub 2002 SL No. 245 s 29 def “Market Code instrument” ins 1997 SL No. 313 s 18(2) sub 2002 SL No. 245 s 29 def “maximum operating current” om from prev sch 8 2002 SL No. 245 s 29 def “mine” om from prev sch 8 2002 SL No. 245 s 29
203 Electricity Regulation 1994 def “new employer” sub 2002 SL No. 245 s 29 amd 2005 SL No. 86 s 19(3) def “new employment” sub 2002 SL No. 245 s 29 amd 2005 SL No. 86 s 19(4) def “NorthPower’s area” ins 1997 SL No. 473 s 29(2) om from prev sch 8 2002 SL No. 245 s 29 def “on-supplier” ins 2002 SL No. 245 s 29 om 2003 SL No. 123 s 14 def “on-supplier’s premises” ins 2000 SL No. 262 s 9 sub 2002 SL No. 245 s 29 om 2003 SL No. 123 s 14 def “on-supply agreement” ins 2000 SL No. 262 s 9 sub 2002 SL No. 245 s 29 om 2003 SL No. 123 s 14 def “owner” amd 1999 SL No. 42 s 7 sub 2002 SL No. 245 s 29 def “permit” om from prev sch 8 2002 SL No. 245 s 29 def “prescribed electrical equipment” ins 2002 SL No. 245 s 29 def “previous employer” ins 2005 SL No. 86 s 19(2) def “private plant” om from prev sch 8 2002 SL No. 245 s 29 def “proportionate amount” sub 2002 SL No. 245 s 29 def “proposed transferee” ins 2002 SL No. 245 s 29 def “prospective on-supplier” ins 2000 SL No. 262 s 9 sub 2002 SL No. 245 s 29 om 2003 SL No. 123 s 14 def “prospective receiver” ins 2000 SL No. 262 s 9 sub 2002 SL No. 245 s 29 om 2003 SL No. 123 s 14 def “PSME schedule” om from prev sch 8 1998 SL No. 349 s 27(1) def “Queensland grid code” om from prev sch 8 1997 SL No. 313 s 18(1) def “redundancy payment” ins 2005 SL No. 86 s 19(2) def “redundant” ins 1997 SL No. 179 s 32(2) sub 2002 SL No. 245 s 29; 2005 SL No. 86 s 19(1)–(2) def “redundant employee” ins 1997 SL No. 179 s 32(2) sub 2002 SL No. 245 s 29; 2005 SL No. 86 s 19(1)–(2) def “register” ins 2002 SL No 245 s 29 def “registered owner” ins 2002 SL No. 245 s 29 def “registered system” om from prev sch 8 2002 SL No. 245 s 29 def “registrable system” om from prev sch 8 2002 SL No. 245 s 29 def “registrar” ins 2002 SL No. 180 s 7 om from prev sch 8 2002 SL No. 245 s 29 def “regular amount” om from prev sch 8 2002 SL No. 245 s 29 def “relevant award” ins 2000 SL No. 35 s 5 sub 2002 SL No. 245 s 29 amd 2005 SL No. 86 s 19(6) def “relevant distribution entity” ins 1998 SL No. 251 s 6(2) sub 2002 SL No. 245 s 29 def “relevant standard” ins 2002 SL No. 180 s 7 sub 2002 SL No. 245 s 29
204 Electricity Regulation 1994 def “relevant supplier” ins 1997 SL No. 179 s 32(2) sub 2002 SL No. 245 s 29 def “repealed electrical articles regulation” ins 2002 SL No. 245 s 29 def “residential land” ins 2002 SL No. 180 s 7 om from prev sch 8 2002 SL No. 245 s 29 def “restricted licence” om from prev sch 8 2002 SL No. 245 s 29 def “retail entity” ins 1997 SL No. 179 s 32(2) sub 2002 SL No. 245 s 29 def “retail trade” amd 1997 SL No. 179 s 32(3) om from prev sch 8 1997 SL No. 313 s 18(1) def “serious defect” om from prev sch 8 2002 SL No. 245 s 29 def “service line” ins 2000 SL No. 250 s 15(2) sub 2002 SL No. 245 s 29 def “single premises” ins 1998 SL No. 251 s 6(2) sub 2002 SL No. 245 s 29 def “space for a substation” sub 2000 SL No. 250 s 15(1)–(2) om from prev sch 8 2002 SL No. 245 s 29 def “spouse” sub 2002 SL No. 245 s 29 om 2003 SL No. 54 s 3 sch def “State electricity entity” ins 2005 SL No. 86 s 19(2) def “statutory customer sale contract” ins 2002 SL No. 61 s 4 sub 2002 SL No. 245 s 29 amd 2004 SL No. 75 s 11(3) def “suitable alternative employment” ins 2005 SL No. 86 s 19(2) def “supplier” sub 1997 SL No. 179 s 32(1)–(2); 2002 SL No. 245 s 29 def “suspended retail entity” ins 2002 SL No. 61 s 4 sub 2002 SL No. 245 s 29 def “trade in electricity” om from prev sch 8 1997 SL No. 313 s 18(1) def “trading participant” amd 1997 SL No. 179 s 32(4) om from prev sch 8 1997 SL No. 313 s 18(1) def “training department” om from prev sch 8 2002 SL No. 245 s 29 def “transfer date” ins 2002 SL No. 180 s 7 om from prev sch 8 2002 SL No. 245 s 29 def “transfer day” ins 2002 SL No. 245 s 29 sub 2005 SL No. 86 s 19(1)–(2) def “transferee” ins 2002 SL No. 180 s 7 om from prev sch 8 2002 SL No. 245 s 29 def “transferor” ins 2002 SL No. 180 s 7 om from prev sch 8 2002 SL No. 245 s 29 def “transferred employee” sub 2002 SL No. 245 s 29 amd 2005 SL No. 86 s 19(3) def “translation principles” ins 2000 SL No. 35 s 5 sub 2002 SL No. 245 s 29 amd 2005 SL No. 86 s 19(6) def “welding power source” ins 2000 SL No. 315 s 7 sub 2002 SL No. 245 s 29 om 2003 SL No. 314 s 9 def “wholesale trade” amd 1997 SL No. 179 s 32(5) om from prev sch 8 1997 SL No. 313 s 18(1)
205 Electricity Regulation 1994 def “wiring rules” ins 2000 SL No. 250 s 15(2) sub 2002 SL No. 245 s 29 def “year” ins 2000 SL No. 262 s 9 om from prev sch 8 2002 SL No. 245 s 29 8 Information about retrospectivity Retrospective amendments that have been consolidated are noted in the list of legislation and list of annotations. Any retrospective amendment that has not been consolidated is noted in footnotes to the text. © State of Queensland 2006