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Electricity - National Scheme (Tasmania) Amendment Act 2007 (No. 73 of 2007)
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CONTENTS
Electricity - National Scheme (Tasmania) Amendment Act 2007
Part 1 - Preliminary
1. Short title
2. Commencement
Part 2 - Electricity - National Scheme (Tasmania) Act 1999 Amended
3. Principal Act
4. Section 9 substituted
Part 3 - Electricity Supply Industry Act 1995 Amended
5. Principal Act
6. Section 3 amended (Interpretation)
7. Section 16C amended (Conferral of transmission pricing functions
and powers)
8. Section 49B amended (Review, amendment and replacement of Code)
[crest]
Electricity - National Scheme (Tasmania) Amendment Act 2007
An Act to amend the Electricity - National Scheme (Tasmania) Act 1999 and
the Electricity Supply Industry Act 1995
[Royal Assent 13 December 2007]
Be it enacted by His Excellency the Governor of Tasmania, by and with the
advice and consent of the Legislative Council and House of Assembly, in
Parliament assembled, as follows:
PART 1 - Preliminary
1. Short title
This Act may be cited as the Electricity - National Scheme (Tasmania)
Amendment Act 2007.
2. Commencement
This Act commences on a day to be proclaimed.
PART 2 - Electricity - National Scheme (Tasmania) Act 1999 Amended
3. Principal Act
In this Part, the Electricity - National Scheme (Tasmania) Act 1999 is
referred to as the Principal Act.
4. Section 9 substituted
Section 9 of the Principal Act is repealed and the following Part is
substituted:
PART 3 - Law Applicable to Relevant Declared Electrical Service Price
Determination
9. Interpretation
(1) In this Part, unless the contrary intention appears
"Declared Electrical Service Price Determination" means the
declared electrical service price determination, as amended from
time to time, that takes effect on 1 January 2008 and is made by
the Regulator under regulation 31 of the Electricity Supply
Industry (Price Control) Regulations 2003 in respect of
Distribution Services and Retail Services which are declared
electrical services within the meaning of those regulations;
"jurisdictional laws" means
(a) the Electricity Supply Industry Act 1995; and
(b) the Electricity Supply Industry (Price Control) Regulations
2003; and
(c) the Tasmanian Electricity Code issued under Division 9 of
Part 3 of the Electricity Supply Industry Act 1995, as amended
or substituted from time to time; and
(d) the National Electricity (Tasmania) Law as in force on 1
November 2007; and
(e) the National Electricity Rules as in force on 1 November
2007, other than clause 9.48.4(b) of those Rules;
"New National Electricity Rules" means the National Electricity
Rules as in force at any time
(a) after the National Electricity (Economic Regulation of
Distribution Services) Amendment Rules 2007 made under the
National Electricity (Tasmania) Law take effect; or
(b) if the Rules referred to in paragraph (a) are not made,
after the taking effect of such other rules made under the
National Electricity (Tasmania) Law as are determined by the
Minister, by order, for the purposes of this definition;
"New National Electricity (Tasmania) Law" means the National
Electricity (Tasmania) Law as in force at any time after the
commencement of the National Electricity (South Australia)
(National Electricity Law Miscellaneous Amendments) Amendment Act
2007 of South Australia;
"Regulator" means the person holding the office of the Regulator
under section 5 of the Electricity Supply Industry Act 1995;
"regulatory period" means the period commencing on 1 January 2008
and ending on 30 June 2012;
"relevant declared electrical service price determination" means
that part of the Declared Electrical Service Price Determination
relating to Distribution Services which are a declared electrical
service, within the meaning of the Electricity Supply Industry
(Price Control) Regulations 2003;
"transfer day" means the day on which the functions and powers of
the Regulator in respect of the operation, administration and
enforcement of the relevant declared electrical service price
determination are conferred on the Australian Energy Regulator by
section 16C of the Electricity Supply Industry Act 1995 consequent
on the making of an agreement under section 16A, and a notice under
section 16B, of that Act.
(2) An order made for the purposes of the definition of "New
National Electricity Rules" in subsection (1) is a statutory rule for
the purposes of the Rules Publication Act 1953.
10. Law applying to relevant declared electrical service price
determination
(1) Despite any other provision of this Act, any other Act or any
other law, the jurisdictional apply laws to the operation,
administration and enforcement of the relevant declared electrical
service price determination during the regulatory period to the
exclusion of anything to the contrary in the New National Electricity
(Tasmania) Law and the New National Electricity Rules.
(2) The Regulator is responsible for the operation,
administration and enforcement of the relevant declared electrical
service price determination until (but excluding) the transfer day.
(3) For the purposes of section 16C of the Electricity Supply
Industry Act 1995, the Australian Energy Regulator is taken to be
performing or exercising on the transfer day the functions and powers
conferred on it under that section in respect of the operation,
administration and enforcement of the relevant declared electrical
service price determination.
(4) On and after the transfer day
(a) any determinations, arrangements, guidelines or requirements
made by the Regulator relating to the relevant declared electrical
service price determination that were in existence immediately
before the transfer day, are taken to have been made by the
Australian Electricity Regulator during the regulatory period; and
(b) a reference to the Regulator in the relevant declared
electrical service price determination, or any other document
referred to in paragraph (a), is taken to be or include a reference
to the Australian Energy Regulator.
(5) Nothing in this section affects the making, under the New
National Electricity (Tasmania) Law and the New National Electricity
Rules, of a distribution determination that will take effect after the
regulatory period.
PART 3 - Electricity Supply Industry Act 1995 Amended
5. Principal Act
In this Part, the Electricity Supply Industry Act 1995 is referred to as
the Principal Act.
6. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:
(a) by inserting the following definition after the definition of "AER"
:
"Australian Energy Market Agreement" means the Australian
Energy Market Agreement made between the Commonwealth, State
and Territory Governments on 30 June 2004 and all amendments to
that Agreement;
(b) by omitting the definition of "National Electricity Rules" and
substituting the following definition:
"National Electricity Rules" has the same meaning as in the
National Electricity Law;
7. Section 16C amended (Conferral of transmission pricing functions and
powers)
Section 16C of the Principal Act is amended by omitting subsection (5) and
substituting the following subsections:
(5) Despite section 16, any other provision of this Act, any
other Act and any other law, the Regulator is authorised, on his, her
or its own initiative or at the request of the AER
(a) to provide the AER with such information (including information
given in confidence) in the possession or control of the Regulator
that is reasonably required by the AER for the purposes of
performing and exercising the functions and powers conferred on it
by t...