ELECTRICITY REFORM ACT 2000
NORTHERN TERRITORY OF AUSTRALIA
ELECTRICITY REFORM ACT 2000
As in force at 1 July 2024
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Objects ............................................................................................ 1
4 Interpretation ................................................................................... 2
5 Crown to be bound .......................................................................... 7
Part 2 Administration
Division 1 Utilities Commission
6 Functions of Utilities Commission .................................................... 7
Part 3 Electricity supply industry
Division 1 Declaration as regulated industry
13 Declaration as regulated industry .................................................... 8
Division 2 Licences in electricity supply industry
14 Requirement for licence ................................................................... 8
15 Application for licence ...................................................................... 9
16 Consideration of application ............................................................ 9
17 Licences may be held jointly .......................................................... 10
18 Term of licence .............................................................................. 11
19 Licence fees and returns ............................................................... 11
20 Authority conferred by licence – general ....................................... 12
21 Authority conferred by licence authorising generation of
electricity........................................................................................ 12
22 Authority conferred by licence authorising operation of
electricity network .......................................................................... 13
23 Authority conferred by licence authorising selling of electricity ...... 13
24 Licence conditions – general ......................................................... 13
25 Licence conditions – licence authorising generation of
electricity........................................................................................ 14
26 Licence conditions – licence authorising operation of an
electricity network .......................................................................... 15
27 Limitation on obligation to connect and distribute .......................... 17
28 Licence conditions – licence authorising selling of electricity......... 18
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Electricity Reform Act 2000 ii
30 Licence conditions – licence authorising system control ............... 19
31 Offence to contravene licence conditions ...................................... 19
32 Variation of licence ........................................................................ 20
33 Transfer of licence ......................................................................... 20
34 Notice of licence decisions ............................................................ 21
35 Surrender of licence ...................................................................... 21
36 Suspension or cancellation of licence ............................................ 21
37 Register of licences ....................................................................... 22
37A Licence not personal property ....................................................... 22
Division 2A Technical codes
37B System Control Technical Code .................................................... 22
37C Minister may direct system controller ............................................ 23
37D Distribution of System Control Technical Code ............................. 23
37E Publication of System Control Technical Code .............................. 23
37F Network Technical Code................................................................ 24
37G Minister may direct network provider ............................................. 24
37H Distribution of Network Technical Code ......................................... 24
37J Publication of Network Technical Code ......................................... 25
37K Sections repealed .......................................................................... 25
Division 3 System controller
38 Functions and powers of system controller.................................... 26
39 Remuneration of system controller ................................................ 27
40 Obligation to preserve confidentiality ............................................. 27
Division 4 Utilities Commission's powers to take over
operations
41 Power to take over operations ....................................................... 28
42 Appointment of operator ................................................................ 28
Division 5 Price regulation
43 Price regulation by determination of Utilities Commission ............. 29
44 Electricity pricing order by Minister ................................................ 29
Division 5A Retail supply of electricity
44A Definition........................................................................................ 32
44B Making and application of Retail Code .......................................... 32
44C Matters to be regarded in making or administering Retail Code .... 33
44D Appointment of retailer of last resort as replacement retailer......... 33
44E Effect of appointment of retailer of last resort on existing
contracts and other rights and liabilities......................................... 34
44F Contractual arrangements for sale of electricity to transferred
customers ...................................................................................... 35
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Electricity Reform Act 2000 iii
44G Cost recovery ................................................................................ 35
44H Information requirements ............................................................... 36
44J Vesting of rights and other matters ................................................ 37
44K Corporations Act 2001 (Cth) displacement .................................... 37
Division 6 System capacity monitoring and planning
45 Utilities Commission to monitor and advise on system capacity .... 37
Division 7 Protection of property in infrastructure
46 Electricity infrastructure does not merge with land ........................ 38
47 Prevention of dismantling of electricity infrastructure in
execution of judgment ................................................................... 39
Division 8 Utilities Commission to investigate
complaints
48 Grounds for complaint ................................................................... 39
49 Persons who may make complaint ................................................ 39
50 Utilities Commission to investigate complaint ................................ 40
51 Procedures for investigation .......................................................... 40
Part 4 Electricity entities' powers and duties
Division 1 Electricity officers
52 Appointment of electricity officers .................................................. 41
53 Conditions of appointment ............................................................. 41
54 Electricity officer's identity card ...................................................... 41
55 Production of identity card ............................................................. 41
Division 2 Powers and duties relating to infrastructure
56 Entry on land to conduct surveys, etc. ........................................... 42
57 Power to carry out work on public land .......................................... 42
58 Entry under easements for purposes related to infrastructure ....... 44
59 Easements and access to infrastructure for data transmission
and telecommunications ................................................................ 44
Division 3 Powers relating to installations
60 Entry to inspect, etc., electrical installations .................................. 45
61 Entry to read meters, etc. .............................................................. 46
62 Entry to disconnect supply ............................................................. 46
63 Disconnection of supply if entry refused ........................................ 46
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Electricity Reform Act 2000 iv
Division 5 Powers and duties related to electricity supply
and systems
65 Electricity entity may cut off electricity supply to avert danger ....... 47
66 Emergency legislation not affected ................................................ 47
67 Power to disconnect electrical supply ............................................ 47
68 Disconnection of cathodic protection system ................................. 48
69 Offences ........................................................................................ 48
Part 6 Enforcement
Division 1 Appointment of authorised officers
72 Appointment of authorised officers ................................................ 49
73 Conditions of appointment ............................................................. 49
74 Authorised officer's identity card .................................................... 49
75 Production of identity card ............................................................. 50
Division 2 Authorised officers' powers
76 Power of entry ............................................................................... 50
77 General investigative powers of authorised officers ...................... 50
81 Power to require information.......................................................... 51
Division 3 Auditors
81A Appointment of auditors ................................................................. 52
Part 7 Reviews and appeals
83 Review of decisions ....................................................................... 52
84 Appeal ........................................................................................... 53
85 Minister's power to intervene ......................................................... 54
Part 8 Miscellaneous
86 Reticulation of electricity to electricity supply distribution
extension area ............................................................................... 54
87 Power of exemption ....................................................................... 55
87A Utilities Commission may grant exemption from requirement to
hold network provider licence ........................................................ 56
88 Register of exemptions .................................................................. 56
89 Obligation to comply with conditions of exemption ........................ 56
90 Persons other than electricity entities who must comply with
system controller ........................................................................... 56
91 Fixing standard terms and conditions for customers ..................... 57
93 Delegation by Minister ................................................................... 57
94 Application and issue of warrant .................................................... 58
95 Urgent situations............................................................................ 58
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Electricity Reform Act 2000 v
100 Impersonation of officials, etc. ....................................................... 59
101 Obstruction .................................................................................... 59
102 False or misleading information ..................................................... 60
103 Statutory declarations .................................................................... 60
104 General defence ............................................................................ 60
105 Criminal liability of executive officer of body corporate .................. 60
106 Continuing offence......................................................................... 62
107 Electricity entities not liable in certain circumstances .................... 62
108 Protection from liability .................................................................. 63
109 Evidence ........................................................................................ 63
110 Service........................................................................................... 64
111 Regulations.................................................................................... 64
Part 9 Repeals and transitional matters for
Electricity Reform Act 2000
112 Repeal ........................................................................................... 67
113 Transitional .................................................................................... 67
Part 10 Transitional matters for National Electricity
(Northern Territory) (National Uniform
Legislation) Act 2015
114 Definitions ...................................................................................... 67
115 Continuation of network technical codes ....................................... 68
116 References to transferred provisions ............................................. 68
Part 11 Transitional matters for Statute Law
Amendment (Directors' Liability) Act 2015
117 Offences – before and after commencement................................. 68
Part 12 Transitional matters for Electricity Reform
Legislation Amendment Act 2021
118 Continuation of technical codes ..................................................... 69
Part 13 Transitional matters for Electricity
Legislation Amendment Act 2023
119 Definition........................................................................................ 69
120 Superseded references ................................................................. 70
121 Saving of electricity pricing orders ................................................. 70
122 Saving of Retail Code .................................................................... 70
Schedule 1 Acts repealed
ENDNOTES
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NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 1 July 2024
____________________
ELECTRICITY REFORM ACT 2000
An Act to regulate the electricity supply industry, to make provision for
technical standards for electrical installations and for other purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Electricity Reform Act 2000.
2 Commencement
The provisions of this Act come into operation on the date, or
respective dates, fixed by the Administrator by notice in the
Gazette.
3 Objects
The objects of this Act are:
(a) to promote efficiency and competition in the electricity supply
industry;
(b) to promote the efficient generation, transmission, distribution
and selling of electricity;
(c) to establish and enforce proper standards of reliability and
quality in the electricity supply industry;
(d) to establish and enforce proper technical standards for
electrical installations;
(e) to facilitate the maintenance of a financially viable electricity
supply industry; and
(f) to protect the interests of consumers of electricity.
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Part 1 Preliminary
Electricity Reform Act 2000 2
4 Interpretation
(1) In this Act:
AER means the Australian Energy Regulator established by
section 44AE of the Competition and Consumer Act 2010 (Cth).
authorised officer means a person appointed under Part 6 as an
authorised officer.
condition includes a limitation or restriction.
connection agreement means a contract or agreement between a
network provider and a network user who:
(a) is connected to the network provider's network; or
(b) receives network services from the network provider.
consumer protection framework, for Part 3, Division 5A, see
section 44A.
contravention includes a failure to comply.
customer means a person who receives, or wants to receive, a
supply of electricity for final consumption and includes:
(a) the occupier for the time being of a place to which electricity is
supplied;
(b) where the context requires – a person seeking an electricity
supply; and
(c) a person of a class declared by the Regulations to be
customers.
dedicated connection asset, see Chapter 10 of the National
Electricity (NT) Rules (as in force from time to time).
designated network asset, see Chapter 10 of the National
Electricity (NT) Rules, as in force from time to time.
disconnect, an electricity supply, includes a procedure to interrupt
or discontinue the electricity supply to a customer.
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Part 1 Preliminary
Electricity Reform Act 2000 3
electrical installation means a set of wires and associated fittings,
equipment and accessories installed in a place for conveying,
controlling, measuring or using electricity that is, or is to be, or has
been, supplied for consumption in the place, but does not include:
(a) electricity infrastructure owned or operated by an electricity
entity; or
(b) any wires, fittings, equipment or accessories connected to and
beyond an electrical outlet at which fixed wiring terminates
(other than a electrical outlet used to connect sections of fixed
wiring).
electricity entity means a person licensed under Part 3 to carry on
operations in the electricity supply industry and includes a person
who has been licensed to carry on operations in the electricity
supply industry under that Part whose licence has been suspended
or cancelled or has expired.
electricity infrastructure means:
(a) electricity generating plant;
(b) powerlines;
(c) substations for converting, transforming or controlling
electricity;
(d) equipment for metering, monitoring or controlling electricity;
and
(e) any wires, equipment or other things (including tunnels and
cavities) used for, or in connection with, the generation,
transmission, distribution or supply of electricity.
electricity network means the assets that together are operated
by the network provider for the purposes of transporting electricity
from generators of electricity to a transfer point with another
network or to consumers of electricity.
electricity officer means a person appointed under Part 4 as an
electricity officer.
electricity pricing order, see section 44(1).
electricity retailer means an electricity entity that holds a licence
under Part 3 authorising the retail selling of electricity.
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Part 1 Preliminary
Electricity Reform Act 2000 4
electricity supply industry means the industry involved in the
generation, supply and sale of electricity or other operations of a
kind prescribed by the Regulations.
failed retailer means an electricity retailer in respect of which the
Utilities Commission has determined under section 44D to appoint
the retailer of last resort to sell electricity to that retailer's
customers.
generation, of electricity, means the operation of any kind of
electricity generating plant and all incidental and related operations,
but does not include anything declared by Regulations not to be
generation of electricity.
insolvency event, in relation to an electricity retailer, means any of
the following:
(a) an insolvency official is appointed in respect of the electricity
retailer or any property of the electricity retailer;
(b) an order is made by a court of competent jurisdiction for the
winding up or dissolution of the electricity retailer;
(c) a resolution is passed for the winding up or dissolution of the
electricity retailer, in accordance with the Bankruptcy
Act 1996 (Cth) or Corporations Act 2001 (Cth).
insolvency official means a receiver, a receiver and manager, an
administrator, a provisional liquidator, a liquidator, a trustee in
bankruptcy or a person having a similar function.
land includes:
(a) an estate or interest in land (including an easement); or
(b) a right or power over or in respect of land.
National Electricity (NT) Law, see section 3(1) of the National
Electricity (Northern Territory) (National Uniform Legislation)
Act 2015.
National Electricity (NT) Rules, see section 3(1) of the National
Electricity (Northern Territory) (National Uniform Legislation)
Act 2015.
National Electricity Rules means the National Electricity Rules as
defined in section 2(1) of the National Electricity Law set out in the
Schedule to the National Electricity (South Australia) Act 1996 (SA).
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Part 1 Preliminary
Electricity Reform Act 2000 5
network provider means a person licensed under Part 3 to
operate an electricity network.
network services means the services provided to network users
by a network provider.
Network Technical Code means a network technical code, and
any associated network planning criteria, made under section 37F.
network user means a person who has been granted access to the
electricity network by the network provider in order to transport
electrical energy to or from a particular point.
occupier, of land or a place, means a person who has or is entitled
to possession or control of the land or place.
operations include activities.
Power and Water Corporation means the Power and Water
Corporation established under the Power and Water Corporation
Act 1987.
powerline means:
(a) a set of cables for the transmission or distribution of electricity
and their supporting or protective structures, conduits and
equipment; and
(b) associated equipment for the transmission or distribution of
electricity,
but does not include a telecommunications cable or associated
equipment.
power system means a system for generating and supplying
electricity and includes a part of the system.
related body corporate means:
(a) in respect of the Power and Water Corporation – a business
division that would be a subsidiary within the meaning of the
Corporations Act 2001 (Cth) if the Power and Water
Corporation were a body corporate to which the Corporations
Act 2001 (Cth) applies; or
(b) in respect of another body corporate – a body corporate that is
related to the first-mentioned body by virtue of section 50 of
the Corporations Act 2001 (Cth).
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Part 1 Preliminary
Electricity Reform Act 2000 6
residential customer means a customer who purchases or wishes
to purchase electricity for domestic purposes for use at residential
premises.
Retail Code means the Code made by the Utilities Commission
under section 44B.
retailer of last resort means the RetailCorp as defined in section 3
of the Power Retail Corporation Act 2014.
retailer of last resort arrangements means arrangements to plan
for and respond to circumstances in which an electricity retailer
ceases to be authorised, or is otherwise ineligible, to sell electricity.
RoLR transfer event, in relation to an electricity retailer, means
any of the following:
(a) the electricity retailer's licence under Part 3 is cancelled;
(b) the electricity retailer fails to meet a requirement under the
Retail Code to provide credit support in respect of a payment
to:
(i) the Power and Water Corporation; or
(ii) an entity that provides electricity generation;
(c) an insolvency event occurs in relation to the electricity retailer;
(d) any other event prescribed by regulation that occurs in relation
to the electricity retailer.
selling, of electricity, means trading in electricity (including the
selling of electricity to customers) but does not include an activity
prescribed by the Regulations not to be selling of electricity.
supply, of electricity, means physically conveying electricity to a
customer by transmission or distribution.
System Control Technical Code means a system control
technical code made under section 37B.
system controller means a person licensed under Part 3 to
exercise system control over a power system.
telecommunications means transmitting telephonic, radio,
computer, television or other signals.
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Part 2 Administration
Division 1 Utilities Commission
Electricity Reform Act 2000 7
transfer date, in relation to the customers of a failed retailer,
means the day determined by the Utilities Commission under
section 44D(2).
Utilities Commission means the Utilities Commission established
by the Utilities Commission Act 2000.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
(2) A reference in this Act to a powerline, network, infrastructure or
other property of an entity includes a reference to a powerline,
network, infrastructure or other property that is not owned by the
entity but is operated by the entity.
5 Crown to be bound
(1) This Act binds the Crown.
(2) Nothing in this Act renders the Crown in any of its capacities liable
to be prosecuted for an offence.
(3) Subsection (2) does not apply to an authority of the Territory
granted a licence under this Act.
(4) For the purposes of this section, a reference to the Crown extends:
(a) not only to the Crown in right of this Territory but also (so far
as the legislative power of the Territory permits) to the Crown
in any other capacity; and
(b) to an instrumentality of the Crown, and to an officer or
employee of the Crown and any contractor or other person
who carries out functions on behalf of the Crown.
Part 2 Administration
Division 1 Utilities Commission
6 Functions of Utilities Commission
The Utilities Commission has (in addition to the Utilities
Commission's functions under the Utilities Commission Act 2000):
(a) the licensing, price regulation and other functions and powers
conferred by this Act;
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Part 3 Electricity supply industry
Division 2 Licences in electricity supply industry
Electricity Reform Act 2000 8
(b) the function of providing advice to the Minister on the
operation of this Act; and
(c) any other functions and powers conferred by the Regulations.
Part 3 Electricity supply industry
Division 1 Declaration as regulated industry
13 Declaration as regulated industry
The electricity supply industry is declared to be a regulated industry
for the purposes of the Utilities Commission Act 2000.
Division 2 Licences in electricity supply industry
14 Requirement for licence
(1) A person must not carry on operations in the electricity supply
industry for which a licence is required unless the person holds a
licence under this Part authorising the relevant operations.
Maximum penalty: 2 500 penalty units.
(2) Subsection (1) does not apply to a person, or to a person carrying
on an operation, exempted under section 87.
(3) The operations in the electricity supply industry for which a licence
is required are:
(a) generation of electricity;
(b) owning or operating an electricity network or a dedicated
connection asset;
(c) selling electricity;
(d) system control over a power system; or
(e) other operations for which a licence is required by the
Regulations.
Note for subsection (3)
Transitional provisions relating to dedicated connection assets in existence or
proposed to be constructed at the time that subsection (3)(b) was amended by
the National Electricity (Northern Territory) (National Uniform Legislation)
Consequential Amendment Regulations 2019 are included in Part 4, Division 4 of
the National Electricity (Northern Territory) (National Uniform Legislation)
Act 2015.
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Part 3 Electricity supply industry
Division 2 Licences in electricity supply industry
Electricity Reform Act 2000 9
15 Application for licence
(1) An application for a licence is to:
(a) be made to the Utilities Commission in a form approved by the
Utilities Commission; and
(b) contain the information specified in the form.
(2) The applicant must pay to the Utilities Commission an application
fee fixed by the Minister of an amount that the Minister considers
appropriate to meet the reasonable costs of determining the
application.
(3) The Utilities Commission may, as the Utilities Commission
considers appropriate, accept a single application from an applicant
in respect of different operations of the applicant or operations of
the applicant at different locations or may require separate
applications.
(4) An applicant must give the Utilities Commission further relevant
information that is requested by the Utilities Commission.
16 Consideration of application
(1) The Utilities Commission must consider an application for a licence
and may grant or refuse to grant the licence.
(2) The Utilities Commission must have regard to the general factors
specified in section 6(2) of the Utilities Commission Act 2000 and,
subject to this section, may only issue a licence if satisfied that:
(a) the applicant is a suitable person to hold the licence;
(b) in the case of a licence authorising the generation of
electricity – the generating plant (or proposed generating
plant) will have the necessary characteristics to generate
electricity of the appropriate quality for the relevant electricity
network;
(c) in the case of a licence authorising the operation of an
electricity network – the network has (or the proposed network
will have) the necessary characteristics for transmitting or
distributing electricity reliably and safely;
(d) in the case of a licence authorising selling of electricity – the
applicant will be able to meet reasonably foreseeable
obligations for the sale of electricity;
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Division 2 Licences in electricity supply industry
Electricity Reform Act 2000 10
(e) in the case of a licence authorising system control over a
power system – the applicant will be able to adequately
exercise system control functions;
(f) in the case of a licence authorising other operations in the
electricity supply industry for which a licence is required under
the Regulations – the applicant meets any special
requirements imposed by the Regulations for the holding of
the licence; and
(g) in the case of a licence of any class – the grant of the licence
would be consistent with criteria (if any) prescribed by the
Regulations for a licence of the relevant class.
(3) In deciding whether an applicant is a suitable person to hold a
licence, the Utilities Commission may consider:
(a) the applicant's previous commercial and other dealings and
the standard of honesty and integrity shown in those dealings;
(b) the financial, technical and human resources available to the
applicant;
(c) the officers and, if applicable, major shareholders of the
applicant and their previous commercial and other dealings
and the standard of honesty and integrity shown in those
dealings (including breaches of statutory and other legal
obligations); and
(d) other matters prescribed by the Regulations.
(4) If:
(a) a person carries on or proposes to carry on operations for
which a licence is required as agent of another person;
(b) the agent makes application for the licence on the agent's own
behalf and on behalf of the principal; and
(c) the Utilities Commission is satisfied that the criteria for
granting the licence are met in relation to the agent,
the Utilities Commission may dispense with the requirement that it
be satisfied that the criteria are met in relation to the principal and
grant the licence to the agent and the principal to be held by them
jointly.
17 Licences may be held jointly
(1) A licence may be held jointly by 2 or more persons.
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Division 2 Licences in electricity supply industry
Electricity Reform Act 2000 11
(2) If a licence is held jointly by 2 or more persons, those persons are
jointly and severally liable to meet requirements imposed under this
Act, the licence or the Utilities Commission Act 2000.
18 Term of licence
A licence may be granted for an indefinite period or for a term
specified in the licence.
19 Licence fees and returns
(1) A person is not entitled to be granted a licence unless the person
first pays to the Utilities Commission the annual licence fee, or the
first instalment of the annual licence fee, as the case may require.
(2) The holder of a licence granted for 2 years or more must:
(a) in each year lodge with the Utilities Commission before the
date prescribed for that purpose an annual return containing
the information required by the Utilities Commission by
condition of the licence or by written notice; and
(b) in each year (other than a year in which the licence is due to
expire) pay to the Utilities Commission before the date
prescribed for that purpose the annual licence fee, or the first
instalment of the annual licence fee, as the case may require.
(3) The annual licence fee for a licence is the fee fixed from time to
time by the Minister in respect of the licence as an amount that the
Minister considers to be a reasonable contribution towards
administrative costs.
(4) An annual licence fee may, if the Utilities Commission determines,
be paid in instalments at intervals fixed by the Utilities Commission.
(5) If the holder of a licence fails to lodge the annual return or pay the
annual licence fee (or an instalment of the annual licence fee) in
accordance with this section, the Utilities Commission may, by
written notice, require the holder to make good the default and, in
addition, to pay to the Utilities Commission the amount prescribed
as a penalty (which is a civil penalty) for default.
(6) An annual licence fee (including any instalment of an annual licence
fee or any penalty for default) payable under this section is
recoverable as a debt due to the Territory.
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Electricity Reform Act 2000 12
(7) In this section:
administrative costs means:
(a) the costs of administration of this Act; and
(b) other costs prescribed by the Regulations.
holder, of a licence, includes the holder of a licence that has been
suspended.
20 Authority conferred by licence – general
(1) A licence authorises the electricity entity named in the licence to
carry on operations in the electricity supply industry in accordance
with the terms and conditions of the licence.
(2) The operations authorised by a licence need not be all of the same
character or at the same location but may consist of a combination
of different operations or operations at different locations.
21 Authority conferred by licence authorising generation of
electricity
(1) A licence authorising the generation of electricity authorises the
electricity entity:
(a) to generate electricity for sale; and
(b) to sell electricity:
(i) if stated in the licence or otherwise authorised under this
Act – to electricity entities holding licences authorising
them to generate or sell electricity; or
(ii) as stated in the licence or otherwise authorised under
this Act.
(2) However, the licence does not relieve the electricity entity or
anyone else from complying with laws applying to the developing,
building, operating or maintaining of generating plant.
(3) The licence does not authorise the electricity entity to have access
to an electricity network other than in accordance with a connection
agreement with the electricity entity licensed to operate the
electricity network.
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Part 3 Electricity supply industry
Division 2 Licences in electricity supply industry
Electricity Reform Act 2000 13
22 Authority conferred by licence authorising operation of
electricity network
(1) A licence authorising the operation of an electricity network
authorises the electricity entity:
(a) to operate the electricity network in the geographical area
stated in the licence; and
(ab) to operate any dedicated connection asset specified in the
licence; and
(b) if stated in the licence – to connect the electricity network to
another electricity network stated in the licence.
(2) However, the licence does not relieve the electricity entity or
anyone else from complying with laws applying to developing,
building, operating or maintaining an electricity network.
23 Authority conferred by licence authorising selling of electricity
(1) A licence authorising the selling of electricity authorises the
electricity entity to do the following under the terms of the licence:
(a) to trade in electricity;
(b) subject to subsection (2), to retail electricity to customers.
(2) A licence authorising the selling of electricity does not authorise an
electricity entity that is an electricity retailer to sell electricity to retail
customers after the transfer date if a RoLR transfer event has
occurred in relation to the electricity retailer.
(3) A licence authorising the selling of electricity does not authorise an
electricity entity to have access to an electricity network other than
in accordance with a connection agreement with the electricity
entity licensed to operate the electricity network.
24 Licence conditions – general
(1) The Utilities Commission must, on granting a licence, make the
licence subject to conditions determined by the Utilities
Commission:
(a) requiring compliance with applicable codes or rules (with
modifications or exemptions determined by the Utilities
Commission) made under the Utilities Commission Act 2000
as in force from time to time;
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Division 2 Licences in electricity supply industry
Electricity Reform Act 2000 14
(b) requiring compliance with protocols, standards and codes
applying to the electricity entity under the Regulations;
(c) relating to the electricity entity's financial or other capacity to
continue operations under the licence;
(d) requiring the electricity entity to have all or part of the
operations authorised by the licence audited and to report the
results of the audit to the Utilities Commission;
(e) requiring the electricity entity to notify the Utilities Commission
about changes to officers and, if applicable, major
shareholders of the entity; and
(f) requiring the electricity entity to comply with the requirements
of any scheme approved and funded by the Minister for the
performance of community service obligations by electricity
entities.
(2) The Utilities Commission must, on granting a licence, make the
licence subject to further conditions that the Utilities Commission is
required by the Regulations to impose on granting the licence.
(3) The Utilities Commission must, on granting a licence, make the
licence subject to further conditions:
(a) if 2 or more people are granted a single licence in partnership
or as an unincorporated joint venture – relating to the carrying
on of those activities in that manner; and
(b) requiring the electricity entity to develop and comply with
customer related standards and procedures.
(4) The Utilities Commission may, on granting a licence, make the
licence subject to further conditions that are considered appropriate
by the Utilities Commission.
(5) The Utilities Commission must provide to the Minister any
information that the Minister requires in connection with the
performance of community service obligations relating to the
generation, supply or sale of electricity.
25 Licence conditions – licence authorising generation of
electricity
(1) The Utilities Commission may, on granting a licence authorising the
generation of electricity, make the licence subject to conditions
determined by the Utilities Commission:
(a) requiring compliance with directions of the system controller;
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Division 2 Licences in electricity supply industry
Electricity Reform Act 2000 15
(b) requiring the electricity entity to provide electricity of a quality
suitable for the electricity network stated in the licence;
(c) requiring the electricity entity not to do anything affecting the
compatibility of the entity's electricity generating plant with any
electricity network so as to prejudice public safety or the
security of supply; and
(d) requiring the electricity entity:
(i) to grant to each electricity entity holding a licence
authorising the operation of an electricity network rights
to use or have access to the electricity entity's electricity
generating plant that are necessary for the purpose of
ensuring the proper integrated operation of the power
system and the proper carrying on of the operations
authorised by the entity's licence; and
(ii) in the absence of agreement as to the terms on which
those rights are to be granted – to comply with any
determination of the Utilities Commission as to those
terms.
(2) This section does not limit the matters that may be dealt with by
terms or conditions of a licence authorising the generation of
electricity.
26 Licence conditions – licence authorising operation of an
electricity network
(1) The Utilities Commission may, on granting a licence authorising the
operation of an electricity network, make the licence subject to any
of the following conditions determined by the Utilities Commission:
(a) requiring compliance with directions of the system controller;
(b) requiring the electricity entity not to do anything affecting the
compatibility of the entity's electricity network with any
electricity generating plant or other electricity network so as to
prejudice public safety or the security of supply;
(c) requiring compliance with Chapter 5 of the National Electricity
Rules, section 38 and specified provisions of the regulations;
(d) requiring the electricity entity not to buy or sell electricity
directly or indirectly except if it is:
(i) necessary to operate the entity's electricity network or
for a purpose associated with planning, designing,
constructing, maintaining or operating the network; or
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Division 2 Licences in electricity supply industry
Electricity Reform Act 2000 16
(ii) for the electricity entity's administrative purposes; or
(iii) for a purpose specified in the conditions;
(e) requiring the electricity entity to operate, maintain (including
repair and replace if necessary) and protect its electricity
network;
(f) requiring the electricity entity to operate the electricity network
in coordination with other electricity networks to which it is
connected directly or indirectly;
(g) requiring the electricity entity to maintain specified accounting
records and to prepare accounts according to specified
principles;
(h) if the electricity entity is a related body corporate in relation to
an electricity entity granted a licence authorising the
generation or selling of electricity – requiring the business of
operating the electricity network authorised by the licence to
be kept separate from any other business of the electricity
entity or any other person in the manner and to the extent
specified in the conditions;
(j) requiring the electricity entity:
(i) to grant to each electricity entity holding a licence
authorising the generation of electricity rights to use or
have physical access to the entity's electricity network
that are necessary for the purpose of ensuring the
proper integrated operation of the power system and the
proper carrying on of the operations authorised by the
entity's licence; and
(ii) in the absence of agreement as to the terms on which
those rights are to be granted – to comply with any
determination of the Utilities Commission as to those
terms;
(k) requiring a specified process to be followed to resolve
disputes between the electricity entity and customers as to the
transmission and distribution of electricity;
(m) requiring the electricity entity to be responsible for network
control of its electricity network.
(2) A condition of an electricity entity's licence imposed under
subsection (1) is not to be taken to require the granting to other
electricity entities of rights to use or have access to the entity's
electricity network for the support or use of electricity infrastructure
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Division 2 Licences in electricity supply industry
Electricity Reform Act 2000 17
of the other entities other than in accordance with a connection
agreement.
(3) This section does not limit the matters that may be dealt with by
terms or conditions of a licence authorising the operation of an
electricity network.
27 Limitation on obligation to connect and distribute
(1) Despite anything in this Act, an electricity entity does not have an
obligation to connect or supply electricity to a customer's electrical
installation or premises, and is not in breach of a connection
agreement to do so, if:
(a) the connection or supply is, or needs to be, interrupted:
(i) in an emergency; or
(ii) for work that needs to be performed without delay to
prevent an emergency happening; or
(iii) by circumstances beyond the electricity entity's control;
or
(iv) for work – if it is reasonable to do the work when it is
required to be done and reasonable notice is given to
the customer and supply is restored as soon as
practicable; or
(b) the connection or distribution would breach technical
requirements under this Act or the Electrical Safety Act 2022;
or
(c) the connection or distribution would unreasonably interfere
with the connection or distribution of electricity by the
electricity entity to other customers, except where the
customer pays an amount to the entity for works necessary to
prevent the connection or distribution from unreasonably
interfering with the connection or distribution of electricity by
the entity to other customers and the entity has given the
customer an opportunity to pay the amount; or
(d) a network provider is entitled, under its connection
agreements with network users or under the Regulations, to
disconnect supply to the customer; or
(e) after disconnecting supply to something that was unsafe – the
thing is still unsafe; or
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Division 2 Licences in electricity supply industry
Electricity Reform Act 2000 18
(f) the connection or distribution is likely to create an electrical
risk under the Electrical Safety Act 2022; or
(g) this Act otherwise authorises refusal to connect or distribute
(or reconnect or redistribute); or
(h) the Regulations provide that the obligation to connect or
distribute (or reconnect or redistribute) does not apply.
(2) An electricity entity operating an electricity network is entitled to
disconnect and refuse to connect or reconnect supply of electricity
to electrical installations or premises of a customer:
(a) if the customer fails to pay an amount owing to the electricity
entity retailing electricity to the customer or breaches the
customer's agreement with that electricity entity and the
electricity entity requests the electricity entity operating the
electricity network to disconnect or refuse to connect or
reconnect the customer; or
(b) if an electricity entity retailing electricity to the customer fails to
pay an amount owing to the electricity entity operating the
electricity network or breaches its connection agreement with
the electricity entity operating the electricity network.
28 Licence conditions – licence authorising selling of electricity
(1) The Utilities Commission may, on granting a licence authorising the
selling of electricity, make the licence subject to conditions
determined by the Utilities Commission as follows:
(a) if the licence authorises the selling of electricity to customers
and the electricity entity is a related body corporate in relation
to an electricity entity that holds a licence authorising the
generation of electricity – requiring the business of selling of
electricity authorised by the licence to be kept separate from
the other business in the manner and to the extent specified in
the conditions;
(b) requiring the electricity entity to take reasonable steps to
ensure it has in place at all times arrangements to supply
electricity to customers.
(2) This section does not limit the matters that may be dealt with by
terms or conditions of a licence authorising the selling of electricity.
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Division 2 Licences in electricity supply industry
Electricity Reform Act 2000 19
30 Licence conditions – licence authorising system control
(1) The Utilities Commission may, on granting a licence authorising
system control over a power system, make the licence subject to
conditions determined by the Utilities Commission:
(a) if the electricity entity is a related body corporate in relation to
an electricity entity granted a licence authorising the
generation of electricity – requiring the business of system
control authorised by the licence to be kept separate from the
business of generating electricity to the extent specified in the
conditions;
(b) requiring the electricity entity to maintain specified accounting
records and to prepare accounts according to specified
principles;
(c) requiring the functions and powers of the system controller to
be exercised in the best interests of all parties operating in the
power system; and
(d) requiring the system controller to consult with all electricity
entities involved in the operation of the power system when
establishing and varying the operating protocols and
arrangements for dispatch and system security.
(2) This section does not limit the matters that may be dealt with by
terms or conditions of a licence authorising system control over a
power system.
31 Offence to contravene licence conditions
(1) An electricity entity must not contravene a condition of its licence.
Maximum penalty: 2 500 penalty units.
(2) If an electricity entity profits from contravention of a condition of its
licence, the Utilities Commission may recover an amount equal to
the profit from the entity:
(a) on application to a court on it finding the entity guilty of an
offence against this section; or
(b) by action in a court of competent jurisdiction.
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Division 2 Licences in electricity supply industry
Electricity Reform Act 2000 20
32 Variation of licence
(1) The Utilities Commission may vary the terms or conditions of an
electricity entity's licence as the Utilities Commission considers
appropriate (but not so as to remove a condition that the Utilities
Commission is required by this Act to impose on the licence).
(2) A variation may only be made:
(a) on application by the electricity entity or with the electricity
entity's agreement; or
(b) after giving the electricity entity reasonable notice of the
proposed variation and allowing the entity a reasonable
opportunity to make representations about the proposed
variation.
(3) A variation may only be made if the Utilities Commission considers
it necessary to further the objects of this Act.
(4) A variation cannot override the procedure for amending a code that
applies to the licence as a condition of the licence.
33 Transfer of licence
(1) A licence may only be transferred with the Utilities Commission's
agreement.
(2) The Utilities Commission may impose conditions on the transfer of
a licence, or vary the terms and conditions of the licence on its
transfer.
(3) The Utilities Commission must not agree to the transfer of a licence
if the transferee would not be entitled to be granted the licence.
(4) An application for agreement to the transfer of a licence is to:
(a) be made by the transferor with the consent of the transferee to
the Utilities Commission in a form approved by the Utilities
Commission; and
(b) contain the information specified in the form.
(5) The applicant must pay to the Utilities Commission an application
fee fixed by the Minister of an amount that the Minister considers
appropriate to meet the reasonable costs of determining the
application.
(6) The applicant must give the Utilities Commission further relevant
information requested by the Utilities Commission.
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Division 2 Licences in electricity supply industry
Electricity Reform Act 2000 21
34 Notice of licence decisions
(1) The Utilities Commission must give an applicant for a licence, or for
agreement to the transfer of a licence, written notice of the Utilities
Commission's decision on the application.
(2) The Utilities Commission must give an electricity entity written
notice of any decision by the Utilities Commission affecting the
terms or conditions of its licence.
35 Surrender of licence
(1) An electricity entity may surrender its licence by written notice given
to the Utilities Commission.
(2) The notice must be given to the Utilities Commission at least
6 months before the surrender is to take effect or, if the licence
requires a longer period of notice, as required by the licence.
(3) The Utilities Commission may, by agreement with the electricity
entity, shorten the required period of notice.
36 Suspension or cancellation of licence
(1) The Utilities Commission may suspend or cancel a licence with
effect from a specified date if satisfied that:
(a) the electricity entity obtained its licence improperly; or
(b) the electricity entity has been guilty of a material contravention
of a condition of its licence or any other requirement imposed
by or under this Act or any other Act in connection with the
operations authorised by its licence; or
(c) the electricity entity has ceased to carry on operations
authorised by its licence; or
(d) there has been any act or default or change of circumstances
such that the electricity entity would no longer be entitled to be
granted its licence; or
(e) in respect of an electricity entity that is an electricity retailer –
an insolvency event has occurred.
(2) The suspension of a licence may be for a specified period, or until
the fulfilment of specified conditions, or until further order of the
Utilities Commission.
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Part 3 Electricity supply industry
Division 2A Technical codes
Electricity Reform Act 2000 22
(3) Before the Utilities Commission acts under this section, the Utilities
Commission must:
(a) notify the electricity entity in writing of the proposed action
specifying the reasons for the proposed action; and
(b) allow the electricity entity at least 14 days within which to
make submissions to the Utilities Commission in relation to the
proposed action.
37 Register of licences
(1) The Utilities Commission must keep a register of the licences
granted to electricity entities under this Act.
(2) The register is to include:
(a) the terms and conditions of each licence; and
(b) other information required by the Regulations.
(3) A person may, without paying a fee, inspect the register.
37A Licence not personal property
For section 8(1)(k) of the Personal Property Securities Act 2009
(Cth), a licence is not personal property for that Act.
Note for section 37A
A law of the Commonwealth, a State or a Territory may declare a right, licence or
authority granted by or under that law not to be personal property for the
Personal Property Securities Act 2009 (Cth).
Division 2A Technical codes
37B System Control Technical Code
(1) The following persons may make or amend a System Control
Technical Code for a power system:
(a) the system controller;
(b) the Minister;
(c) any other person prescribed by regulation.
(2) A System Control Technical Code, or an amendment to a System
Control Technical Code, made by the system controller under
subsection (1)(a) must be approved by the Utilities Commission.
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Division 2A Technical codes
Electricity Reform Act 2000 23
(3) Notice of the making of a System Control Technical Code, or an
amendment to a System Control Technical Code, made by the
Minister under subsection (1)(b) must be published in the Gazette.
(4) A person prescribed by regulation who makes or amends a System
Control Technical Code under subsection 1(c) must comply with
any requirements prescribed by regulation.
37C Minister may direct system controller
The Minister may direct the system controller to do either of the
following:
(a) prepare a System Control Technical Code or an amendment
to a System Control Technical Code;
(b) provide advice to the Minister in relation to a System Control
Technical Code.
37D Distribution of System Control Technical Code
As soon as practicable after a System Control Technical Code is
made or amended, a copy of the Code or amendment to the Code
must be given to the following persons:
(a) the Utilities Commission;
(b) the AER;
(c) if the Code is made or amended by a person other than the
system controller – the system controller;
(d) if the Code is made or amended by a person other than the
Minister – the Minister;
(e) if the Code is made or amended by a person other than a
person prescribed by regulation – any other person prescribed
by regulation.
37E Publication of System Control Technical Code
The system controller must:
(a) publish a System Control Technical Code, as in force from
time to time, on the system controller's website; and
(b) make copies of the Code, as in force from time to time,
available to the public for inspection.
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Division 2A Technical codes
Electricity Reform Act 2000 24
37F Network Technical Code
(1) The following people may make or amend a Network Technical
Code for an electricity network:
(a) the network provider;
(b) the Minister;
(c) any other person prescribed by regulation.
(2) A Network Technical Code, or an amendment to a Network
Technical Code, made by the network provider under
subsection (1)(a) must be approved by the Utilities Commission.
(3) Notice of the making of a Network Technical Code, or an
amendment to a Network Technical Code, made by the Minister
under subsection (1)(b) must be published in the Gazette.
(4) A person prescribed by regulation who makes or amends a
Network Technical Code under subsection 1(c) must comply with
any requirements prescribed by regulation.
37G Minister may direct network provider
The Minister may direct the network provider to do either of the
following:
(a) prepare a Network Technical Code or an amendment to a
Network Technical Code;
(b) provide advice to the Minister in relation to a Network
Technical Code.
37H Distribution of Network Technical Code
As soon as practicable after a Network Technical Code is made or
amended, a copy of the Code or amendment to the Code must be
given to:
(a) the Utilities Commission;
(b) the AER;
(c) if the Code is made or amended by a person other than the
network provider – the network provider;
(d) if the Code is made or amended by a person other than the
Minister – the Minister;
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Division 2A Technical codes
Electricity Reform Act 2000 25
(e) if the Code is made or amended by a person other than a
person prescribed by regulation – any other person prescribed
by regulation.
37J Publication of Network Technical Code
The network provider must:
(a) publish a Network Technical Code, as in force from time to
time, on the network provider's website; and
(b) make copies of the Code, as in force from time to time,
available to the public for inspection.
37K Sections repealed
(1) Five years after the commencement of this Division, the following
sections are repealed:
(a) section 37B(1)(b) and (3);
(b) section 37C;
(c) section 37D(d);
(d) section 37F(1)(b) and (3);
(e) section 37G;
(f) section 37H(d).
(2) Five years after the commencement of this Division, the following
regulations of the Electricity Reform (Administration)
Regulations 2000 are repealed:
(a) regulation 5A(3A);
(b) regulation 25(7).
(3) Any System Control Technical Code or Network Technical Code
made or amended by the Minister that is in force immediately
before the repeal of the provisions mentioned in subsections (1)
and (2) remains in force after the repeal of those provisions.
(4) Nothing in this section prevents a system controller or a person
prescribed by regulation from amending under section 37B a
System Control Technical Code that was previously made or
amended by the Minister.
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Part 3 Electricity supply industry
Division 3 System controller
Electricity Reform Act 2000 26
(5) Nothing in this section prevents a network provider or a person
prescribed by regulation from amending under section 37F a
Network Technical Code that was previously made or amended by
the Minister.
Division 3 System controller
38 Functions and powers of system controller
(1) A system controller for a power system has the function of
monitoring and controlling the operation of the power system with a
view to ensuring that the system operates reliably, safely and
securely .
(1A) The function mention in subsection (1) must be carried out in
accordance with any System Control Technical Code in force under
this Act.
(2) A system controller for a power system has, in carrying out the
system controller's functions under this Act:
(a) power to issue directions to electricity entities that are
engaged in the operation of the power system, or contribute
electricity to, or take electricity from, the power system; and
(b) the other powers conferred by the Regulations.
(3) Without limiting subsection (2)(a), the directions may include
directions:
(a) to switch off or re-route a generator;
(b) to call equipment into service;
(c) to take equipment out of service;
(d) to commence operation or maintain, increase or reduce active
or reactive power output;
(e) to shut down or vary operation; and
(f) to shed or restore customer loads.
(4) If an electricity entity refuses or fails to comply with a direction of a
system controller, the system controller may:
(a) authorise a person to take the action required by the direction
or to cause the action to be taken; and
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Division 3 System controller
Electricity Reform Act 2000 27
(b) give the electricity entity any directions the system controller
considers necessary to facilitate the taking of the action.
(5) Costs and expenses incurred in taking action or causing action to
be taken under subsection (4) are recoverable from the electricity
entity by the system controller as a debt in a court of competent
jurisdiction.
39 Remuneration of system controller
(1) A system controller is entitled to impose and recover charges
relating to the operations of system control.
(2) The schedule of charges to be applied for the purpose of
subsection (1) is to be approved by the Utilities Commission.
40 Obligation to preserve confidentiality
(1) A system controller must preserve the confidentiality of information
that:
(a) could affect the competitive position of an electricity entity or
other person; or
(b) is commercially sensitive for some other reason.
(2) Information referred to in subsection (1) may be disclosed if:
(a) the disclosure is made to another person who is also
performing a function under this Act; or
(ab) the disclosure is made to the AER under the National
Electricity (NT) Law; or
(b) the disclosure is made with the consent of the person who
gave the information or to whom the information relates; or
(c) the disclosure is authorised or required under any Act or law;
or
(d) the disclosure is authorised or required by a court or tribunal
constituted by law; or
(e) the disclosure is authorised by regulations.
(3) If a person when giving information to the system controller claims
that the information is information referred to in subsection (1), the
system controller must, before disclosing the information, give the
person written notice of the proposed disclosure and the reasons
for the disclosure.
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Part 3 Electricity supply industry
Division 4 Utilities Commission's powers to take over operations
Electricity Reform Act 2000 28
Division 4 Utilities Commission's powers to take over
operations
41 Power to take over operations
(1) The Utilities Commission may request the Minister to make a
determination under this section authorising it to take over all or
part of an electricity entity's operations if:
(a) the electricity entity contravenes a condition of its licence; or
(b) the electricity entity's licence expires, is suspended or is
cancelled; or
(c) the electricity entity commits an offence against the Electrical
Safety Act 2022.
(2) Before requesting a determination, the Utilities Commission must
give the electricity entity a reasonable opportunity to show cause
why the action should not be taken.
(3) The Minister may make a determination under this section if
satisfied that it is necessary to ensure an adequate, reliable and
secure generation, supply or sale of electricity to customers.
(4) A determination under this section:
(a) authorises the Utilities Commission to take over the electricity
entity's operations or a specified part of the electricity entity's
operations; and
(b) may contain ancillary directions, including directions about
how the costs of carrying on the operations and revenue
generated from the operations are to be dealt with.
(5) A direction under subsection (4)(b) operates despite any rights
inconsistent with it.
42 Appointment of operator
(1) When a determination is made under this Part, the Utilities
Commission must appoint a suitable person (who may, but need
not, be an electricity entity) to take over and carry on the relevant
operations on terms and conditions agreed with the Utilities
Commission.
(2) A person appointed to take over an electricity entity's operations is
referred to in this section as the operator.
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Part 3 Electricity supply industry
Division 5 Price regulation
Electricity Reform Act 2000 29
(3) The electricity entity must facilitate the take over of the relevant
operations by the operator.
(4) The operator may have access to the electricity infrastructure and
other property of the electricity entity for the purposes of carrying on
the relevant operations.
(5) The operator in carrying out the relevant operations must comply
with this Act (including the conditions of the licence) and any other
Act as applying to the electricity entity as if the operator were the
electricity entity.
(6) A person must not obstruct the operator's access to property or the
exercise by the operator of the operator's responsibilities under this
Part.
Maximum penalty: 2 500 penalty units.
(7) A person must comply with reasonable directions given by the
operator in the exercise of the operator's responsibilities under this
Part.
Maximum penalty: 2 500 penalty units.
Division 5 Price regulation
43 Price regulation by determination of Utilities Commission
The Utilities Commission may make a determination regulating
prices and conditions relating to prices for:
(a) subject to an electricity pricing order – the sale and supply of
electricity to customers of a prescribed class; and
(c) other goods and services in the electricity supply industry
(other than network services provided to customers or to
electricity entities) specified by the Minister by Gazette notice.
44 Electricity pricing order by Minister
(1) The Minister may issue an order (an electricity pricing order)
regulating prices for the sale of electricity to customers of a class
prescribed by regulation.
(2) An electricity pricing order may regulate prices in any manner the
Minister considers appropriate including:
(a) fixing a price or the rate of increase or decrease in a price;
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Part 3 Electricity supply industry
Division 5 Price regulation
Electricity Reform Act 2000 30
(b) fixing a maximum price or maximum rate of increase or
minimum rate of decrease in a maximum price;
(c) fixing an average price for specified goods or services or an
average rate of increase or decrease in an average price;
(d) specifying an amount determined by reference to a general
price index, the cost of production, a rate of return on assets
employed or any other specified factor;
(e) specifying an amount determined by reference to quantity,
location, period or other specified factor relevant to the sale of
specified goods or services;
(f) specifying pricing policies or principles; and
(g) fixing a maximum revenue, or maximum rate of increase or
minimum rate of decrease in maximum revenue, in relation to
specified goods or services.
(3) An electricity pricing order may provide that a calculation is to be
performed, or a matter is to be determined, by the Utilities
Commission in a manner specified by the order.
(3A) An electricity pricing order may:
(a) determine specific prices for the purposes of retailer of last
resort arrangements; or
(b) require a retailer of last resort to submit its proposed tariffs to
the Utilities Commission for approval in accordance with a
calculation or manner of determination specified in
accordance with subsection (3).
(4) An electricity pricing order may also regulate the terms and
conditions (including the conditions relating to performance
standards) on which the relevant electricity, goods and services are
to be provided.
(5) A determination of the Utilities Commission for the purposes of an
electricity pricing order will not, except as provided in the order, be
taken to be a determination for the purposes of the Utilities
Commission Act 2000.
(6) An electricity pricing order may require an electricity entity to
provide information to the Utilities Commission, other electricity
entities, customers or others, or generally publish information,
relating to prices or other matters.
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Part 3 Electricity supply industry
Division 5 Price regulation
Electricity Reform Act 2000 31
(7) An electricity pricing order:
(a) takes effect on a date specified in the order; and
(b) remains in force for not longer than the prescribed period.
(7A) The date specified, under subsection (7)(a), in an electricity pricing
order may be a date earlier than the date the order is made if the
order has the effect of regulating prices in a manner that does not
increase a price from the order previously in force.
(8) Notice of the making of an electricity pricing order must be
published:
(a) in the Gazette; and
(b) in a newspaper circulating generally in the Territory.
(9) The notice must include a brief description of the nature and effect
of the electricity pricing order and state how a copy of the order
may be inspected or purchased.
(10) The Minister must:
(a) send a copy of an electricity pricing order to each electricity
entity to which the order applies; and
(b) ensure that copies of the order are available for inspection and
purchase by members of the public.
(11) An electricity entity must comply with an electricity pricing order or
part of an electricity pricing order that applies to the entity.
(12) The Utilities Commission must:
(a) perform any functions that an electricity pricing order
contemplates will be performed by the Utilities Commission for
the purposes of the order; and
(b) enforce an electricity pricing order under section 23 of the
Utilities Commission Act 2000 in the same way as if it were a
determination of the Utilities Commission under that Act.
(13) The Utilities Commission's powers under this Division and the
Utilities Commission Act are restricted to the extent specified in an
electricity pricing order.
(14) In this section:
prescribed period means 5 years or, in respect of the first
electricity pricing order issued, 3 years.
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Part 3 Electricity supply industry
Division 5A Retail supply of electricity
Electricity Reform Act 2000 32
price includes a price range.
Division 5A Retail supply of electricity
44A Definition
In this Division:
consumer protection framework means the framework referred
to in section 44B(3).
44B Making and application of Retail Code
(1) The Utilities Commission may make a code relating to:
(a) arrangements to support the operation of retail competition in
the electricity supply industry; and
(b) arrangements between electricity entities and customers.
Note for subsection (1)
See section 24 of the Utilities Commission Act 2000.
(2) Without limiting subsection (1), the code may make provision for
any of the following:
(a) retailer of last resort arrangements;
(b) a consumer protection framework;
(c) any other matter prescribed by regulation.
(3) For subsection (2)(b), if the code includes a consumer protection
framework, it must include measures to regulate electricity entities
that own or operate an electricity network or sell electricity, to
protect the interests of customers, including in relation to the
following:
(a) continuity of supply;
(b) the needs of particular types of retail customers;
(c) disputes.
Note for subsection (3)
See section 4(1), definition electricity entity, which includes a person whose
licence has been suspended or cancelled or has expired.
(4) An electricity entity must, as a condition of its licence, comply with
the code.
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Part 3 Electricity supply industry
Division 5A Retail supply of electricity
Electricity Reform Act 2000 33
(5) The code may contain provisions that apply to a former electricity
retailer whose licence under this Part has been suspended or
cancelled or has expired.
(6) A former electricity retailer must comply with any provision of the
code that applies under subsection (5), despite its licence under
this Part being suspended or cancelled or expiring.
44C Matters to be regarded in making or administering Retail Code
In making, varying or revoking the Retail Code, or in performing
functions under the Retail Code that relate to the protection of
residential customers or the continuity of supply, the Utilities
Commission must have regard to the following matters:
(a) that the supply of electricity is an essential service for
residential customers, so that if an electricity retailer fails, the
following principles apply:
(i) safeguards should be put in place to protect continuity of
supply;
(ii) customers affected by the failure require adequate
information;
(iii) other measures should be put in place to mitigate the
impact of the failure on customers and electricity entities
as far as possible;
(iv) any other principles prescribed by regulation;
(b) that disconnection of the premises of a residential customer
facing financial hardship or domestic or family violence should
be a last resort option;
(c) that complaints handling and dispute resolution mechanisms
should be readily accessible to residential customers;
(d) any other matters prescribed by regulation.
44D Appointment of retailer of last resort as replacement retailer
(1) If a RoLR transfer event occurs in relation to an electricity retailer,
the Utilities Commission may appoint the retailer of last resort to
sell electricity to customers of the failed retailer.
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Part 3 Electricity supply industry
Division 5A Retail supply of electricity
Electricity Reform Act 2000 34
(2) If the Utilities Commission makes an appointment under
subsection (1) it must:
(a) determine the day on which customers of the failed retailer are
to transfer to the retailer of last resort in accordance with the
Retail Code; and
(b) give notice of the appointment to the failed retailer and the
retailer of last resort; and
(c) publish notice of the appointment on its website.
(3) Subject to subsection (4), the day determined under subsection (2)
may be a day that is earlier than the day on which the determination
is made, but must not be earlier than the day on which the RoLR
transfer event occurred.
(4) If the RoLR transfer event is the cancellation of a licence, the day
determined under subsection (2) must be the day on which the
cancellation took effect.
44E Effect of appointment of retailer of last resort on existing
contracts and other rights and liabilities
(1) Each person who was a customer of a failed retailer immediately
before the transfer date:
(a) ceases to be a customer of the failed retailer on that date; and
(b) becomes a customer of the retailer of last resort immediately
after so ceasing to be a customer of the failed retailer.
(2) Commencing on the transfer date, the retailer of last resort
assumes the functions and powers of the failed retailer:
(a) under this Act; and
(b) under the failed retailer's licence; and
(c) under the Retail Code; and
(d) in accordance with any matters prescribed by regulation.
(3) The retailer of last resort assumes no financial or other liabilities of
the failed retailer that arise before the transfer date.
(4) The contract for the sale of electricity between a failed retailer and
each person who was a customer of the failed retailer immediately
before the transfer date is terminated on the transfer date.
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Part 3 Electricity supply industry
Division 5A Retail supply of electricity
Electricity Reform Act 2000 35
(5) Termination of a contract under this section does not affect any
rights or obligations that have already accrued under the contract,
but no early termination charge is payable to the failed retailer if a
contract is terminated under this section.
44F Contractual arrangements for sale of electricity to transferred
customers
For a person who becomes a customer of the retailer of last resort
under this Division:
(a) a contract for the sale of electricity is taken to be in place
between the retailer of last resort and the customer, with effect
on and from the transfer date; and
(b) the tariffs payable under the contract are the prices approved
by or under an electricity pricing order; and
(c) other terms and conditions of the contract are the terms and
conditions approved by the Utilities Commission in
accordance with the regulations (if any).
44G Cost recovery
(1) The Utilities Commission may determine a scheme for the recovery
of costs incurred by the retailer of last resort arising from its
appointment under section 44D.
(2) A cost recovery scheme determined under subsection (1):
(a) may require the network provider to reimburse the costs of the
retailer of last resort; and
(b) must only allow recovery of costs to the extent they are not
otherwise recovered through tariffs and charges the retailer of
last resort receives from supplying electricity to transferred
customers.
Note for subsection (2)
See also Chapter 6 of the National Electricity (NT) Rules.
(3) The retailer of last resort cannot recover costs incurred in relation to
its appointment under section 44D except in accordance with the
scheme determined under subsection (1).
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Part 3 Electricity supply industry
Division 5A Retail supply of electricity
Electricity Reform Act 2000 36
(4) The regulations may require the retailer of last resort to pay the
costs incurred by an insolvency official of a failed retailer in
complying with its obligations under this Division, including to pay
for any compensation required by a regulation prescribed under
section 44J.
(5) An amount paid in accordance with a requirement of the regulations
may be recoverable under the scheme determined under
subsection (1).
44H Information requirements
(1) If the Utilities Commission makes an appointment under
section 44D(1), the failed retailer or its insolvency official must, if
directed by the Utilities Commission, provide the information
prescribed by regulation to the retailer of last resort.
(2) The Utilities Commission may direct an electricity retailer or the
insolvency official of a failed retailer to give the Utilities Commission
any information reasonably required and specified by written notice,
in accordance with any requirements prescribed by regulation, if
any of the following apply to the retailer:
(a) the Utilities Commission has given the electricity retailer a
notice under section 36(3)(a);
(b) the Utilities Commission has reason to believe that there is a
risk of a RoLR transfer event occurring in relation to the
electricity retailer;
(c) a RoLR transfer event has occurred in relation to the electricity
retailer, whether or not the Utilities Commission has made an
appointment under section 44D(1);
(d) the electricity retailer's licence has been suspended.
(3) An electricity retailer or its insolvency official that is given a direction
under subsection (2) must comply with the direction.
(4) The Utilities Commission may disclose information received under
subsection (2) to the retailer of last resort.
(5) Information prescribed by regulation under subsection (1) or (2)
may include confidential or personal information, but must not
include information protected by client legal privilege or the privilege
against self-incrimination.
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Part 3 Electricity supply industry
Division 6 System capacity monitoring and planning
Electricity Reform Act 2000 37
(6) Disclosure and use of personal information under this section is
authorised for the purposes of the Information Act 2002 and the
Privacy Act 1988 (Cth).
44J Vesting of rights and other matters
The regulations may provide for any of the following in connection
with an appointment under section 44D(1):
(a) for the purpose of continuity of electricity supply for customers:
(i) the vesting of assets, rights and interests of a failed
retailer in a person; and
(ii) the conferral of powers and duties;
(b) the discharge or assignment of liabilities;
(c) the disposal of property;
(d) any other matter that is necessary or convenient to deal with
the consequences of the appointment or the matters referred
to in paragraphs (a) to (c), including the payment of
compensation for or in relation to those matters.
44K Corporations Act 2001 (Cth) displacement
This Division and any regulation made under this Division is
declared to be a Corporations legislation displacement provision for
the purposes of section 5G of the Corporations Act 2001 (Cth) in
relation to the provisions of Chapters 2D and 5 of that Act.
Note for section 44K
Section 5G of the Corporations Act 2001 (Cth) provides that if a State or Territory
law declares a provision of a State or Territory law to be a Corporations
legislation displacement provision, any provision of the Corporations legislation
with which the State or Territory provision would otherwise be inconsistent does
not apply to the extent necessary to avoid the inconsistency.
Division 6 System capacity monitoring and planning
45 Utilities Commission to monitor and advise on system
capacity
(1) The Utilities Commission must:
(a) develop forecasts of overall electricity load and generating
capacity in consultation with participants in the electricity
supply industry and report the forecasts to the Minister and
electricity entities;
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Part 3 Electricity supply industry
Division 7 Protection of property in infrastructure
Electricity Reform Act 2000 38
(b) review and report to the Minister on the performance of the
Territory’s power system;
(c) advise the Minister on matters relating to the future capacity
and reliability of the Territory’s power system relative to
forecast load;
(d) advise the Minister, either on its own initiative or at the request
of the Minister, on other electricity supply industry and market
policy matters; and
(e) submit to the Minister, and publish, an annual review of the
prospective trends in the capacity and reliability of the
Territory's power system relative to projected load growth.
(2) Electricity entities operating in the Territory's power system are to
provide information and technical assistance that the Utilities
Commission reasonably requires to perform its responsibilities
under this section.
(3) In addition to subsection (2), the Utilities Commission may require a
network user or customer to provide information to the Utilities
Commission to enable it to perform its responsibilities under this
section.
(4) A network user or customer who is required to provide information
under subsection (3) must provide the information as and when
required by the Utilities Commission.
Maximum penalty: 500 penalty units.
(5) For the purposes of this section, Territory's power system means
the power systems specified by the Minister for the purposes of this
section.
Division 7 Protection of property in infrastructure
46 Electricity infrastructure does not merge with land
(1) An agreement between an electricity entity and the owner of land
relating to the construction or installation of electricity infrastructure
on the land is to be taken to include agreement that ownership of
the electricity infrastructure is not affected by its affixation or
annexation to the land.
(2) Electricity infrastructure referred to in subsection (1) may be dealt
with and disposed of as personal property.
(3) Subsection (1) is subject to any agreement in writing to the
contrary.
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Part 3 Electricity supply industry
Division 8 Utilities Commission to investigate complaints
Electricity Reform Act 2000 39
47 Prevention of dismantling of electricity infrastructure in
execution of judgment
(1) Electricity infrastructure owned or operated by an electricity entity
cannot be dismantled in execution of a judgment.
(2) This section does not prevent the sale of an electricity generating
plant or an electricity network as a going concern in execution of a
judgment.
Division 8 Utilities Commission to investigate complaints
48 Grounds for complaint
(1) A person may make a complaint under this Division to the Utilities
Commission against an electricity entity on the grounds that:
(a) the electricity entity is engaging in conduct that is contrary to
one (or more) of its licence conditions; or
(b) the electricity entity is engaging in conduct that is contrary to
the objects of this Act or the Utilities Commission Act 2000.
(2) A complaint is to:
(a) be in writing;
(b) contain details of the grounds of the complaint; and
(c) include sufficient details to show:
(i) how the complainant is, or may be, adversely affected by
the alleged conduct or noncompliance; and
(ii) how the complainant has made a genuine, but
unsuccessful, attempt to resolve the subject matter of
the complaint with the electricity entity.
49 Persons who may make complaint
(1) Subject to subsection (2), a complaint may be made to the Utilities
Commission only by a person who:
(a) is, or may be, adversely affected by the conduct or
noncompliance alleged by the person; and
(b) is a customer or an electricity entity.
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Part 3 Electricity supply industry
Division 8 Utilities Commission to investigate complaints
Electricity Reform Act 2000 40
(2) A complaint may be made by a person who is not a customer if the
Utilities Commission is satisfied that the person is authorised to act
on behalf of a customer who is, or may be, adversely affected by
the alleged conduct or noncompliance of the electricity entity.
50 Utilities Commission to investigate complaint
(1) The Utilities Commission must investigate a complaint received by
it unless the Utilities Commission reasonably believes that:
(a) the complainant is not, or is unlikely to be, adversely affected
by the conduct or noncompliance alleged in the complaint;
(b) the complainant has not shown he or she has made a genuine
attempt to resolve the subject matter of the complaint with the
electricity entity; or
(c) the complaint is frivolous or vexatious.
(2) If the Utilities Commission decides not to investigate a complaint,
the Utilities Commission must, within 14 days after making the
decision, give to the complainant a written notice stating its decision
and the reason for its decision.
51 Procedures for investigation
(1) The Utilities Commission must report the results of an investigation
to the Minister.
(2) The Utilities Commission must, in a report:
(a) state whether the complaint has been substantiated;
(b) state its reasons for the decision;
(c) if the complaint has been substantiated and involves conduct
contrary to the electricity entity's licence conditions – include
the action it is, or proposes, to take to deal with the entity’s
conduct; and
(d) if the complaint has been substantiated and involves conduct
contrary to the objects of this Act or the Utilities Commission
Act 2000 – include its recommendations on how the electricity
entity's noncompliance can be overcome.
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Part 4 Electricity entities' powers and duties
Division 1 Electricity officers
Electricity Reform Act 2000 41
Part 4 Electricity entities' powers and duties
Division 1 Electricity officers
52 Appointment of electricity officers
(1) An electricity entity may, subject to conditions determined by the
Minister, appoint a person to be an electricity officer for the entity.
(2) An electricity officer may only exercise powers under this Act
subject to the conditions of appointment and any directions given to
the electricity officer by the entity.
53 Conditions of appointment
(1) An electricity officer may be appointed for a stated term or for an
indefinite term that continues while the officer holds a stated office
or position.
(2) An electricity officer may be removed from office by the electricity
entity.
54 Electricity officer's identity card
(1) An electricity entity must give each electricity officer for the entity an
identity card.
(2) The identity card is to be in a form approved by the Minister and is
to:
(a) contain a photograph of the electricity officer taken for the
purpose;
(b) be signed by the electricity officer; and
(c) identify the electricity officer as an electricity officer for the
electricity entity.
(3) A person must, within 2 days after ceasing to be an electricity
officer, return the identity card to the electricity entity.
Maximum penalty: 10 penalty units.
55 Production of identity card
An electricity officer must, before exercising a power in relation to
another person, produce the officer's identity card for inspection by
the other person.
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Part 4 Electricity entities' powers and duties
Division 2 Powers and duties relating to infrastructure
Electricity Reform Act 2000 42
Division 2 Powers and duties relating to infrastructure
56 Entry on land to conduct surveys, etc.
(1) An electricity entity may, by agreement with the occupier of land or
on the authorisation of the Minister, enter and remain on land to
conduct surveys or assess the suitability of the land for the
construction or installation of electricity infrastructure.
(2) The Minister may authorise an electricity entity to enter and remain
on land under this section on conditions the Minister considers
appropriate.
(3) If an electricity entity enters land under the authorisation of the
Minister, the electricity entity:
(a) must give reasonable notice of the proposed entry on land
under this section to the occupier;
(b) must minimise the impact of work carried out by the electricity
entity on activities of others on the land; and
(c) must comply with the conditions of the authorisation.
57 Power to carry out work on public land
(1) Subject to this section and the Planning Act 1999, an electricity
entity may:
(a) install electricity infrastructure on public land;
(b) operate, maintain, repair, alter, add to, remove or replace
electricity infrastructure on public land; or
(c) carry out other work on public land relating to the generation
and supply of electricity.
(2) Without limiting subsection (1), the electricity entity may:
(a) erect powerlines on public land; and
(b) excavate public land and install underground cables.
(3) Subject to this section, an electricity entity must:
(a) give the authority responsible for managing public land not
less than 7 days' notice of the entity's intention to carry out
work on the land; and
(b) secure the authority's agreement to the carrying out of the
work.
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Part 4 Electricity entities' powers and duties
Division 2 Powers and duties relating to infrastructure
Electricity Reform Act 2000 43
(4) An agreement under this section may contain conditions the
authority responsible for managing the land considers appropriate
in the public interest.
(5) If a dispute arises between an electricity entity and an authority
about whether work should be permitted under this section or about
the conditions on which work should be permitted, either party to
the dispute may refer the dispute to the Minister.
(6) Subsection (5) does not apply to a dispute if the authority
responsible for managing the public land is a Minister or a person
or body to whom directions may be given by a Minister in relation to
the matter in dispute.
(7) If a dispute is referred to the Minister under this section, the
Minister must:
(a) allow the parties to the dispute the opportunity to make
representations to the Minister on the questions at issue in the
dispute; and
(b) make a reasonable attempt to get the parties to agree to
settlement of the dispute on agreed terms.
(8) If the Minister cannot get the parties to agree, the Minister may
make:
(a) an order that the work is or is not permitted on the land; or
(b) if the Minister orders that the work is permitted – an order
fixing the conditions on which the work is permitted.
(9) An electricity entity must make good any damage caused by the
exercise of powers under this section as soon as practicable or pay
reasonable compensation for the damage.
(10) An electricity entity may only act under this section in relation to
public land in a way that interferes with the continued enjoyment or
exercise of rights deriving from native title in the land by agreement
with the Minister (on behalf of the Territory) and the native title
holders in the land.
(11) This section does not derogate from the obligation to comply with
the provisions of any other Act.
(12) In this section:
native title and native title holder have the same meaning as in
section 223 and 224 (respectively) of the Native Title Act 1993 of
the Commonwealth.
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Part 4 Electricity entities' powers and duties
Division 2 Powers and duties relating to infrastructure
Electricity Reform Act 2000 44
public land means land owned by the Territory or an
instrumentality or agent of the Territory or by a local government
council and includes public land that is subject to native title.
58 Entry under easements for purposes related to infrastructure
(1) Subject to this section, if an electricity officer seeks to enter land
pursuant to rights conferred on an electricity entity by a statutory or
other easement relating to electricity infrastructure situated on the
land, the officer must give reasonable written notice to the occupier
of the land stating the reason and the date and time of the
proposed entry.
(2) If the proposed entry is refused or obstructed, an electricity officer
may obtain a warrant under Part 8 to enter the land.
(3) In an emergency, an electricity officer may exercise a power of
entry referred to in this section:
(a) at any time and without prior notice if it is not practicable to
give such notice; and
(b) if necessary in the circumstances, by the use of reasonable
force.
(4) An electricity officer may not enter a place under a warrant or by
force in an emergency unless accompanied by a member of the
Police Force.
(5) An electricity entity must make good any damage caused by the
exercise of powers under a warrant or by force in an emergency as
soon as practicable or pay reasonable compensation for the
damage.
59 Easements and access to infrastructure for data transmission
and telecommunications
(1) If electricity infrastructure owned or operated by an electricity entity
is situated on land that does not belong to the entity, any powers or
rights that the entity has under this Act or pursuant to a statutory or
other easement for the purposes of installing, operating and
carrying out work relating to electricity infrastructure on that land will
be taken also to be exercisable for the purposes of:
(a) installing telecommunications cables or equipment by
attaching it to or incorporating it in the electricity infrastructure
on the land;
(b) operating and carrying out work relating to
telecommunications cables or equipment so installed; and
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Part 4 Electricity entities' powers and duties
Division 3 Powers relating to installations
Electricity Reform Act 2000 45
(c) operating the electricity infrastructure on the land for
telecommunications.
(2) Powers and rights conferred on an electricity entity under
subsection (1) will also, with the consent of the electricity entity, be
exercisable by another body in the same manner and subject to the
same conditions as would apply if the other body were the
electricity entity and persons appointed by the other body subject to
conditions determined by the Minister were electricity officers.
(3) This section has effect despite the Law of Property Act 2000 or any
other law.
Division 3 Powers relating to installations
60 Entry to inspect, etc., electrical installations
(1) An electricity officer for an electricity entity may, at any reasonable
time, enter and remain in a place to which electricity is, is to be, or
has been, supplied by the entity:
(a) to inspect electrical installations in the place to ensure that it is
safe to connect or reconnect electricity supply;
(b) to take action to prevent or minimise an electrical hazard; or
(c) to investigate suspected theft of electricity.
(2) In an emergency, an electricity officer may exercise a power of
entry under this section at any time and, if necessary in the
circumstances, by the use of reasonable force.
(3) When an electricity officer enters a place under this section, the
electricity officer:
(a) may be accompanied by such assistants as the electricity
officer considers necessary or appropriate; and
(b) may take any vehicles or equipment the electricity officer
considers necessary or appropriate for the functions the
electricity officer is to carry out in the place.
(4) An electricity officer may not enter a place by force in an
emergency unless accompanied by a member of the Police Force.
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Part 4 Electricity entities' powers and duties
Division 3 Powers relating to installations
Electricity Reform Act 2000 46
61 Entry to read meters, etc.
An electricity officer for an electricity entity may, at any reasonable
time, enter and remain in a place to which electricity is, or is to be,
sold or supplied by the entity:
(a) to read, or check the accuracy of, a meter for recording
consumption of electricity; or
(b) to examine the electrical installations in the place to determine
load classification and the appropriate price for the sale of
electricity; or
(c) to install, repair or replace meters, control apparatus and other
electrical installations in the place.
62 Entry to disconnect supply
If an electricity officer has proper authority to disconnect an
electricity supply to a place, the electricity officer may, at any
reasonable time, enter and remain in the place to disconnect the
electricity supply to the place.
63 Disconnection of supply if entry refused
(1) If an electricity officer seeks to enter a place under this Division and
entry is refused or obstructed, the electricity entity may, by written
notice to the occupier of the place, ask for consent to entry by an
electricity officer.
(2) The notice must state the reason and the date and time of the
proposed entry.
(3) If entry is again refused or obstructed, the electricity entity may:
(a) if it is possible to do so – disconnect the electricity supply to
the place without entering the place; or
(b) if not – obtain a warrant under Part 8 to enter the place for the
purpose of disconnecting the electricity supply, enter the place
under the warrant and disconnect the electricity supply.
(4) An electricity officer may not enter a place under a warrant unless
accompanied by a member of the Police Force.
(5) An electricity entity must make good any damage caused by the
exercise of powers under this section as soon as practicable or pay
reasonable compensation for the damage.
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Part 4 Electricity entities' powers and duties
Division 5 Powers and duties related to electricity supply and systems
Electricity Reform Act 2000 47
(6) The electricity entity must restore the electricity supply
disconnected under this section if:
(a) the occupier:
(i) consents to the proposed entry; and
(ii) pays outstanding fees and accounts;
(b) it is safe to restore the electricity supply disconnected under
this section; and
(c) there is no other lawful ground for refusing to restore the
electricity supply disconnected under this section.
Division 5 Powers and duties related to electricity supply and
systems
65 Electricity entity may cut off electricity supply to avert danger
An electricity entity may, without incurring any liability, cut off the
supply of electricity to any region, area, land or place if it is, in the
entity's opinion, necessary to do so to avert danger to person or
property.
66 Emergency legislation not affected
Nothing in this Act affects the exercise of any power, or the
obligation of an electricity entity to comply with any direction, order
or requirement, under the Emergency Management Act 2013 or the
Essential Goods and Services Act 1981.
67 Power to disconnect electrical supply
(1) An electricity officer may disconnect the electricity supply to an
electrical installation or a place if:
(a) the electrical installation is connected to an electricity network
in contravention of the Electrical Safety Act 2022; or
(b) the electrical installation does not comply with this Act; or
(c) electricity is being supplied to, or consumed at, the place
contrary to this Act.
(2) For subsection (1)(a), a person may rely on a certificate of
compliance issued under section 41 of the Electrical Safety
Act 2022.
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Part 4 Electricity entities' powers and duties
Division 5 Powers and duties related to electricity supply and systems
Electricity Reform Act 2000 48
(3) The electricity officer must give written notice to the person in
charge of the electrical installation or place:
(a) informing the person that the electricity supply was
disconnected under this section; and
(b) directing that the electricity supply must not be reconnected
except in accordance with the Electrical Safety Act 2022.
68 Disconnection of cathodic protection system
(1) An electricity officer who finds that a cathodic protection system
does not comply with, or is being operated contrary to, the Electrical
Safety Act 2022 may:
(a) take reasonable action to disconnect the system to make it
inoperable; or
(b) give a written direction to the person in charge of the system,
or the place in which the system is situated, to take
reasonable action to disconnect the system to make it
inoperable.
(2) If the electricity officer takes action under subsection (1)(a), the
electricity officer must give written notice to the person in charge of
the cathodic protection system:
(a) informing the person that the electricity supply was
disconnected under this section; and
(b) directing that the electricity supply must not be reconnected
except in accordance with the Electrical Safety Act 2022.
69 Offences
(1) A person must not reconnect electricity supply disconnected under
section 67 or 68, or have it reconnected, except in accordance with
the Electrical Safety Act 2022.
Maximum penalty: 500 penalty units.
(2) A person to whom a direction is given under section 68(1)(b) must
comply with the direction.
Maximum penalty: 500 penalty units.
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Part 6 Enforcement
Division 1 Appointment of authorised officers
Electricity Reform Act 2000 49
Part 6 Enforcement
Division 1 Appointment of authorised officers
72 Appointment of authorised officers
(1) The Minister may appoint suitable persons as authorised officers.
(2) An authorised officer may (but need not) be an employee within the
meaning of the Public Sector Employment and Management
Act 1993.
(3) An authorised officer's function is to assist the Utilities Commission.
(4) An authorised officer is subject to control and direction by the
Utilities Commission.
73 Conditions of appointment
(1) An authorised officer may be appointed for a stated term or for an
indefinite term that continues while the officer holds a stated office
or position.
(2) An authorised officer holds office on the conditions stated in the
instrument of appointment.
(3) An authorised officer may resign by written notice given to the
Minister.
(4) An authorised officer may be removed from office by the Minister.
74 Authorised officer's identity card
(1) The Minister must give each authorised officer an identity card.
(2) The identity card must:
(a) contain a photograph of the authorised officer taken for the
purpose; and
(b) be signed by the authorised officer.
(3) A person must, within 2 days after ceasing to be an authorised
officer, return the identity card to the Minister.
Maximum penalty: 10 penalty units.
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Part 6 Enforcement
Division 2 Authorised officers' powers
Electricity Reform Act 2000 50
75 Production of identity card
An authorised officer must, before exercising a power in relation to
another person, produce the officer's identity card for inspection by
the other person.
Division 2 Authorised officers' powers
76 Power of entry
(1) An authorised officer may, as reasonably required for the purposes
of the enforcement of this Act, enter and remain in any place.
(2) When an authorised officer enters a place under this section, the
authorised officer:
(a) may be accompanied by such assistants as the authorised
officer considers necessary or appropriate; and
(b) may take any vehicles or equipment the authorised officer
considers necessary or appropriate for the functions the
authorised officer is to carry out in the place.
(3) An authorised officer may use reasonable force to enter a place
under this Part if:
(a) the entry is authorised under a warrant under Part 8; or
(b) the entry is necessary in an emergency.
(4) When entering a place under a warrant or by force in an
emergency, an authorised officer may be accompanied by a
member of the Police Force.
77 General investigative powers of authorised officers
(1) An authorised officer who enters a place under this Part may
exercise any one or more of the following powers:
(a) investigate whether the provisions of this Act are being or
have been complied with;
(b) examine and test electricity infrastructure in the place to find
out whether the infrastructure complies with the requirements
of this Act;
(d) investigate a suspected interference with electrical
infrastructure or an electrical installation;
(e) investigate a suspected theft or diversion of electricity;
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Part 6 Enforcement
Division 2 Authorised officers' powers
Electricity Reform Act 2000 51
(f) search for, examine and copy or take an extract from a
document or record of any kind as reasonably required for the
purposes of the enforcement of this Act;
(g) take photographs or make films or other records of activities in
the place and electrical infrastructure, installations or
equipment in the place;
(h) take possession of any object that may be evidence of an
offence against this Act.
(2) If an authorised officer takes possession of an object that may be
evidence of an offence:
(a) the authorised officer must give the occupier of the place a
receipt for the object; and
(b) the object must be returned to its owner:
(i) if proceedings for an offence are not commenced within
6 months after the authorised officer takes possession of
the object – at the end of that period; or
(ii) if proceedings are commenced within that period – on
completion of the proceedings, unless the court, on
application by the Utilities Commission, orders
confiscation of the object.
(3) A court may order the confiscation of an object of which an
authorised officer has taken possession under subsection (1) if of
the opinion that the object has been used for the purpose of
committing an offence or there is some other proper reason for
ordering its confiscation.
(4) The Utilities Commission may dispose of an object if the Court
orders its confiscation.
81 Power to require information
(1) An authorised officer may require a person to provide information in
the person's possession relevant to the enforcement of this Act.
(2) An authorised officer may require a person to produce documents
in the person's possession that may be relevant to the enforcement
of this Act for inspection by the authorised officer.
(3) A person must not, without reasonable excuse, fail to comply with a
requirement under this section.
Maximum penalty: 200 penalty units.
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(4) A person is not required to give information or produce a document
under this section if the answer to the question or the contents of
the document would tend to incriminate the person of an offence.
Division 3 Auditors
81A Appointment of auditors
(1) The Utilities Commission may appoint suitable persons as auditors
to audit the operations of electricity entities.
(2) A person appointed to be an auditor may be a public sector
employee.
(3) An auditor is subject to control and direction by the Utilities
Commission.
Part 7 Reviews and appeals
83 Review of decisions
(1) An application may be made to the Utilities Commission:
(a) by an applicant for the grant or variation of the conditions of a
licence under Part 3, or for agreement to the transfer of such a
licence, for review of the decision of the Utilities Commission
to refuse the application; or
(b) by an electricity entity for review of a decision of the Utilities
Commission under Part 3 to suspend or cancel the entity's
licence or to vary the conditions of the entity's licence; or
(c) by a person subject to a direction given by an authorised
officer for review of the decision to give the direction; or
(d) by a person affected by the disconnection of an electricity
supply, other than for a safety reason, for review of the
decision to disconnect the supply.
(2) An application for review is to:
(a) be in writing;
(b) set out the decision to which the application relates;
(c) set out in detail the grounds on which the applicant seeks
review and the decision sought on the review;
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Electricity Reform Act 2000 53
(d) be accompanied by any information that the applicant
considers should be taken into account by the Utilities
Commission on the review; and
(e) be lodged with the Utilities Commission:
(i) in the case of a decision relating to a licence or
application for a licence – within 14 days after written
notice of the decision is given to the electricity entity or
applicant; or
(ii) in the case of a decision to cancel or suspend a licence
or to vary the conditions of a licence – within 14 days
after the decision is given; or
(iii) in the case of a decision to give a direction – within
14 days after the direction is given; or
(iv) in the case of a decision to disconnect an electricity
supply or cathodic protection system, other than for a
safety reason – within 14 days after notice of the
disconnection is given or, if notice is not given, within
14 days after the supply or system is disconnected.
(3) The Utilities Commission may stay the operation of the decision to
which the application relates.
(4) A review must be decided within 4 weeks of the application being
lodged with the Utilities Commission.
(5) If a review is not decided within that period, the Utilities
Commission is to be taken to have confirmed the decision.
(6) After considering the application, the Utilities Commission may
confirm, amend or substitute the decision.
(7) The Utilities Commission must give the applicant written notice of
the Utilities Commission's decision, and the reasons for the
decision, on the review.
84 Appeal
(1) An applicant for review who is dissatisfied with a decision of the
Utilities Commission on the review under this Part may appeal
against the decision to the Supreme Court.
(2) An appeal may only be made on the grounds that:
(a) there has been bias; or
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Electricity Reform Act 2000 54
(b) the facts on which the decision is based have been
misinterpreted in a material respect.
(3) An appeal must be made within 14 days after receipt of the written
notice of the decision appealed against or, if the Utilities
Commission failed to make a decision on the review within the
allowed period, within 14 days after the end of that period.
(4) The Utilities Commission or the Supreme Court may stay the
operation of:
(a) the Utilities Commission's decision that is the subject of the
appeal; or
(b) the original decision that was the subject of the review,
as the case may require.
(5) On an appeal, the Supreme Court may:
(a) confirm the decision under appeal; or
(b) return the matter to the original decision maker with directions
the Court considers appropriate.
85 Minister's power to intervene
The Minister may intervene, personally or by counsel or other
representative, in a review or appeal under this Part for the purpose
of introducing evidence, or making submissions, on any question
relevant to the public interest.
Part 8 Miscellaneous
86 Reticulation of electricity to electricity supply distribution
extension area
(1) The Minister may, by notice in the Gazette, declare an area to be
an electricity supply distribution extension area.
(2) If the Minister declares an area to be an electricity supply
distribution extension area, the owner of each parcel of land within
the area is liable to pay to the electricity entity licensed to sell
electricity in the area a financial contribution towards the cost of
extension of electricity supply in the area.
(3) The liability under subsection (2) exists despite that an owner does
not elect to have electricity supplied by the electricity entity for
consumption on the land.
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(4) An owner and electricity entity referred to in subsection (2) may
enter into an agreement relating to the conditions on or subject to
which electricity will be supplied by the electricity entity for
consumption on the land.
(5) The balance from time to time outstanding of an amount referred to
in subsection (2) is an overriding statutory charge, within the
meaning of the Land Title Act 2000, on the parcel of land.
(6) The owner of a parcel of land who is liable as referred to in
subsection (2) must not transfer the land to another person unless
he or she has first paid to the electricity entity the amount of the
liability outstanding at the date of the transfer and, for the purposes
of calculating the liability, any amount payable in accordance with
subsection (2) becomes due and payable in full immediately before
the proposed transfer despite that, but for this subsection, it would
not become due and payable until a later date.
(7) The financial contribution referred to in subsection (2) is the amount
approved by the Utilities Commission as the owner's reasonable
share of the capital contribution required of the electricity entity by
the electricity entity licensed to operate the electricity network in the
area.
(9) In this section, parcel of land means the whole of the land the
subject of a separate certificate as to title registered under the Land
Title Act 2000.
87 Power of exemption
(1) The Utilities Commission may, with the approval of the Minister,
grant an exemption from Part 3, or specified provisions of Part 3, on
terms and conditions the Utilities Commission considers
appropriate.
(2) If the Utilities Commission exempts a person from the requirement
to hold a licence under Part 3, the Utilities Commission may
(without limiting subsection (1)) by conditions of the exemption
require that the person is to be treated as an electricity entity for the
purposes of specified provisions of this Act.
(3) Except as otherwise provided in the exemption, an exemption
under subsection (1) may be varied or revoked by the Utilities
Commission by notice in writing.
(6) This section does not apply in relation to dedicated connection
assets.
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87A Utilities Commission may grant exemption from requirement to
hold network provider licence
(1) The Utilities Commission may exempt a person from the
requirement to hold a licence under Part 3 to own or operate a
designated network asset if the person is only to own or operate
network assets that are designated network assets.
(2) If the Utilities Commission grants an exemption under
subsection (1), the exempted person is taken to be subject to the
condition that the person must comply with clauses 5.2A.6(c),
5.2A.7 and 5.2A.8 and rule 5.5 of the National Electricity (NT)
Rules.
88 Register of exemptions
(1) The Utilities Commission must keep a register of exemptions
granted by it under this Act.
(3) A register kept under this section must include the terms and
conditions of each exemption recorded in it.
(4) A person may, without paying a fee, inspect a register kept under
this section.
89 Obligation to comply with conditions of exemption
(1) A person in whose favour an exemption is given must comply with
the conditions of the exemption.
Maximum penalty: 2 500 penalty units.
(2) If a person in whose favour an exemption is given profits from
contravention of a condition of the exemption, the Utilities
Commission may recover an amount equal to the profit from the
person:
(a) on application to a court on it finding the person guilty of an
offence against this section; or
(b) by action in a court of competent jurisdiction.
90 Persons other than electricity entities who must comply with
system controller
(1) A person who is not an electricity entity and who enters into a
connection agreement with a network provider must comply with
the directions of the system controller.
Maximum penalty: 100 penalty units.
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Electricity Reform Act 2000 57
(2) If a person referred to in subsection (1) profits from contravention of
a direction given under that subsection, the Utilities Commission
may recover an amount equal to the profit from the person:
(a) on application to a court on it finding the person guilty of an
offence against this section; or
(b) by action in a court of competent jurisdiction.
91 Fixing standard terms and conditions for customers
(1) If an electricity entity sells electricity to customers of a prescribed
class under a licence authorising the selling of electricity, the
electricity entity must from time to time fix standard terms and
conditions governing the sale of electricity (including the service of
making connections to the electricity network) by the entity to non-
contestable customers or customers of a prescribed class.
(2) The standard terms and conditions fixed under subsection (1):
(a) are to be published in the Gazette;
(b) come into force on the day specified by the electricity entity in
the notice (being a day not earlier than the day on which the
notice is published in the Gazette); and
(c) are contractually binding on the electricity entity and each
customer in the class of customers to whom the terms and
conditions are expressed to apply (except as modified or
excluded by express agreement between the entity and a
customer).
(3) The electricity entity must prepare a summary of the standard terms
and conditions in a form approved by the Utilities Commission.
(4) The electricity entity must distribute a copy of the summary to each
of its customers.
93 Delegation by Minister
(1) The Minister may delegate to a person or body of persons any of
his or her powers and functions under this Act (other than this
power of delegation).
(2) A delegation under this section:
(a) is to be in writing; and
(b) may to a person from time to time holding, acting in or
performing the duties of an office, designation or position.
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(3) A power or function delegated under this section, when exercised
or performed by the delegate, is to be taken to have been exercised
or performed by the Minister.
(4) A delegation under this section does not prevent the exercise of a
power or the performance of a function by the Minister.
94 Application and issue of warrant
(1) An authorised officer or electricity officer may apply to a Local Court
Judge for a warrant to enter a place specified in the application.
(2) The Judge may issue a warrant if satisfied that there are
reasonable grounds for issuing the warrant.
(3) A warrant authorises the authorised officer or electricity officer with
any assistance and by any force reasonably necessary:
(a) to enter the place specified in the warrant; and
(b) to do anything authorised by this Act,
at any time, or within any period, specified in the warrant.
(4) An electricity officer must be accompanied by a member of the
Police Force when entering a place under a warrant.
(5) A warrant is to specify the date on which, and the time at which, the
warrant ceases to have effect.
95 Urgent situations
(1) An authorised officer or electricity officer may apply to a Local Court
Judge for a warrant by telephone, facsimile or other prescribed
means if the officer considers the urgency of the situation requires
it.
(2) The Judge may complete and sign the warrant in the same terms
as for a warrant applied for in person if satisfied that there are
reasonable grounds for issuing the warrant urgently.
(3) The Judge must:
(a) tell the officer:
(i) the terms of the warrant;
(ii) the date on which and the time at which, the warrant was
signed; and
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Electricity Reform Act 2000 59
(iii) the date on which, and the time at which, the warrant
ceases to have effect; and
(b) record on the warrant the reasons for granting the warrant.
(4) The officer must:
(a) complete a form of warrant in the same terms as the warrant
signed by the Judge;
(b) write on the form:
(i) the name of the Judge; and
(ii) the date on which, and the time at which, the warrant
was signed; and
(c) send the Judge the completed form of warrant not later than
the day after the warrant is executed or ceases to have effect.
(5) On receiving the form of warrant, the Judge must attach it to the
warrant the Judge signed.
(6) A form of warrant completed by an authorised officer or electricity
officer under subsection (4) has the same force as a warrant signed
by the Judge under subsection (2).
100 Impersonation of officials, etc.
A person must not impersonate an authorised officer, an electricity
officer or anyone else with powers under this Act.
Maximum penalty: 100 penalty units or imprisonment for
6 months.
101 Obstruction
(1) A person must not, without reasonable excuse, obstruct an
authorised officer, an electricity officer or anyone else engaged in
the administration of this Act or the exercise of powers under this
Act.
Maximum penalty: 100 penalty units or imprisonment for
6 months.
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Electricity Reform Act 2000 60
(2) A person must not use abusive or intimidatory language to, or
engage in offensive or intimidatory behaviour towards, an
authorised officer, an electricity officer, or anyone else engaged in
the administration of this Act or the exercise of powers under this
Act.
Maximum penalty: 50 penalty units.
102 False or misleading information
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission
of any particular) in any information furnished under this Act.
Maximum penalty: If the person made the statement knowing
that it was false or misleading – 200 penalty
units or imprisonment for 2 years.
In any other case – 50 penalty units.
103 Statutory declarations
If a person is required by or under this Act to furnish information to
the Utilities Commission, the Utilities Commission may require that
the information be verified by statutory declaration and, in that
event, the person will not be taken to have furnished the information
as required unless it has been verified in accordance with the
requirements of the Utilities Commission.
104 General defence
(1) It is a defence to a charge of an offence against this Act if the
defendant proves that the offence was not committed intentionally
and did not result from any failure on the part of the defendant to
take reasonable care to avoid the commission of the offence.
(2) It is a defence to a charge of an offence against this Act if the
defendant proves that the act or omission constituting the offence
was reasonably necessary in the circumstances in order to avert,
eliminate or minimise danger to person or property.
105 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a
declared provision (a relevant offence) and the officer knew,
or could reasonably have been expected to have known, that
the contravention would happen; and
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Part 8 Miscellaneous
Electricity Reform Act 2000 61
(b) the officer was in a position to influence the conduct of the
body corporate in relation to the contravention; and
(c) the officer failed to take reasonable steps to prevent the
contravention.
Maximum penalty: The maximum penalty that may be imposed
on an individual for the relevant offence.
(2) In deciding whether the executive officer took (or failed to take)
reasonable steps to prevent the contravention, a court must
consider the following:
(a) any action the officer took directed towards ensuring the
following (to the extent the action is relevant to the
contravention):
(i) the body corporate arranged regular professional
assessments of the body corporate's compliance with
the declared provision;
(ii) the body corporate implemented any appropriate
recommendation arising from an assessment under
subparagraph (i);
(iii) the body corporate's employees, agents and contractors
had a reasonable knowledge and understanding of the
requirement to comply with the declared provision;
(b) any action the officer took when the officer became aware that
the contravention was, or could be, about to happen.
(3) Subsection (2) does not limit the matters the court may consider.
(4) This section does not affect the liability of the body corporate.
(5) This section applies whether or not the body corporate is
prosecuted for, or found guilty of, the relevant offence.
(6) This section does not apply if the body corporate would have a
defence to a prosecution for the relevant offence.
(7) In this section:
declared provision means:
(a) section 14(1), 31(1), 42(6) or (7), 67(1), 68(1), 69, 70(4),
71(1), 78(3), 79(3), 80(4), 81(3), 89(1) or 90(1); or
(b) a provision of the Regulations prescribed by regulation.
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Part 8 Miscellaneous
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executive officer, of a body corporate, means a director or other
person who is concerned with, or takes part in, the management of
the body corporate.
106 Continuing offence
(1) A person found guilty of an offence against a provision of this Act in
respect of a continuing act or omission:
(a) is liable, in addition to the penalty otherwise applicable to the
offence, to a penalty for each day during which the act or
omission continued of not more than one-fifth of the penalty
prescribed for that offence; and
(b) is, if the act or omission continues after the conviction, guilty of
a further offence against the provision and liable, in addition to
the penalty otherwise applicable to the further offence, to a
penalty for each day during which the act or omission
continued after the conviction of not more than one-fifth of the
penalty prescribed for the offence.
(2) If an offence consists of an omission to do something that is
required to be done, the omission will be taken to continue for as
long as the thing required to be done remains undone after the end
of the period for compliance with the requirement.
107 Electricity entities not liable in certain circumstances
(1) An electricity entity, or an officer or employee of the electricity
entity, is not liable for damages or any penalty arising out of a
partial or total failure to supply electricity to a customer unless the
failure is due to an act or omission done or made by the electricity
entity or the officer or employee in bad faith or through negligence.
(2) An electricity entity, or an officer or employee of the electricity
entity, is not liable for damages or any penalty for supplying to a
customer electricity by an irregular or fluctuating voltage or because
of a frequency deviation unless the irregular or fluctuating voltage
or the frequency deviation is due to an act or omission done or
made by the electricity entity or the officer or employee in bad faith
or through negligence.
(3) An electricity entity may enter into an agreement with a person
varying or excluding the operation of this section and this section, to
the extent of the agreement, does not apply.
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108 Protection from liability
(1) A person is not civilly or criminally liable for an act done or omitted
to be done by the person in good faith in the exercise of a power or
performance of a function in the administration or enforcement of
this Act.
(2) Subsection (1) does not affect any liability the Territory or the
Utilities Commission would, apart from that subsection, have for the
act or omission.
(3) A person referred to in subsection (1) includes the following:
(a) a system controller;
(b) a person referred to in section 38(4) when exercising a power
or performing a function under section 38;
(c) an employee or contractor of the retailer of last resort when
performing functions or exercising powers under Part 3,
Division 5.
(4) In this section:
exercise of a power includes the purported exercise of the power.
performance of a function includes the purported performance of
the function.
109 Evidence
(1) If, in any legal proceedings, a person is alleged to have held a
specified appointment under this Act at a specified time, the
allegation is taken to have been proved in the absence of proof to
the contrary.
(2) In any legal proceedings, an apparently genuine document
purporting to be a certificate of the Utilities Commission certifying:
(a) that a person was or was not the holder of a licence at a
specified date or as to the particulars or conditions of a
licence; or
(b) as to the giving and contents of an order, direction, delegation,
exemption, approval or authorisation by the Utilities
Commission,
constitutes proof of the matters so certified in the absence of proof
to the contrary.
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Electricity Reform Act 2000 64
(5) In any legal proceedings, an apparently genuine document
purporting to be a certificate of an authorised officer certifying as to
the giving and contents of a direction by the officer under this Act,
constitutes proof of the matters so certified in the absence of proof
to the contrary.
(6) If, in any legal proceedings, a person is alleged to have acted
without proper authority or a specified approval required under this
Act, the absence of such authority or approval will be presumed in
the absence of proof that such authority or approval in fact existed
or had been given.
110 Service
(1) A notice or other document required or authorised to be given to or
served on a person under this Act may be given or served:
(a) by delivering it personally to the person or an agent of the
person; or
(b) by leaving it for the person at the person's place of residence
or business with someone apparently over the age of
16 years; or
(c) by posting it to the person or agent of the person at the
person's or agent's last known place of residence or business.
(2) Without limiting the effect of subsection (1), a notice or other
document required or authorised to be given to or served on a
person may, if the person is a body corporate, be given to or served
on the person in accordance with section 109X of the Corporations
Act 2001 (Cth).
(3) If a notice or other document is required or authorised to be given
to or served on the holder of a licence under this Act and the
licence is held by 2 or more persons, it is sufficient for the purposes
of this Act if the notice or other document is given to or served on
any one of those persons.
111 Regulations
(1) The Administrator may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
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Part 8 Miscellaneous
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(2) Without limiting subsection (1), the Regulations may deal with the
following matters:
(a) the generation, transmission, distribution, sale and supply of
electricity;
(b) the construction, installation and positioning of electricity
infrastructure and electrical installations;
(c) technical and operational requirements and standards and
monitoring and enforcing compliance with the prescribed
requirements and standards;
(d) system control and electricity market operations;
(da) the making or amending of any technical code established
under this Act, including the following:
(i) consultation before a technical code is made or
amended;
(ii) the matters that must, or may, be included in, or covered
by, a technical code;
(iii) the effect or operation of a technical code in specified
circumstances;
(iv) the publication of a technical code, and the provision of a
technical code to other parties;
(db) matters to be included in a consumer protection framework;
(dc) the operation of the retailer of last resort provisions of the
Retail Code, including the following:
(i) notifications to customers and other affected persons in
relation to a failed retailer and the transfer of the
customers to the retailer of last resort;
(ii) the duration and termination of any arrangements for the
supply of electricity under the retailer of last resort
arrangements;
(iii) other rights, powers and duties of the Utilities
Commission, a failed retailer, the retailer of last resort,
customers or other persons or entities involved in or
affected by the retailer of last resort arrangements;
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(e) the exemption (conditionally or unconditionally) of persons or
operations from the application of this Act or specified
provisions of this Act;
(f) fees to be paid in respect of any matter under this Act and the
recovery, refund, waiver or reduction of those fees;
(g) provide for the payment of a prescribed amount instead of a
penalty that may otherwise be imposed for an offence against
this Act or regulations made under this Act and for the service
of a notice relating to payment of the amount on a person
alleged to have committed the offence and the particulars to
be included in that notice; and
(h) penalties not exceeding 100 penalty units for offences against
the Regulations.
Note for subsection (2)(da)
Transitional provisions consequent on the repeal of the Electricity Networks
(Third Party Access) Act 2000, and relating to network technical codes, are
included in Part 4, Division 4 of the National Electricity (Northern Territory)
(National Uniform Legislation) Act 2015.
(3) If the Regulations grant an exemption from the requirement to hold
a licence under Part 3, the Regulations may require a person
exempted from the requirement to be treated as an electricity entity
for the purposes of specified provisions of this Act.
(4) The Regulations may provide that any act or thing, or kind of act or
thing, of or relating to an electricity entity or a related body
corporate of an electricity entity is authorised for a particular period
for the purposes of Part IV of the Competition and Consumer
Act 2010 (Cth).
(6) The Regulations may:
(a) be of general application or limited in application according to
the persons, areas, times or circumstances to which they are
expressed to apply;
(b) provide that a matter or thing in respect of which regulations
may be made is to be determined, regulated or prohibited
according to the discretion of the Minister or the Utilities
Commission; and
(c) refer to or incorporate, wholly or partially and with or without
modification, any standard or other document prepared or
published by a body referred to in the Regulations, as is in
force from time to time or as in force at a particular time.
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Part 10 Transitional matters for National Electricity (Northern Territory) (National
Uniform Legislation) Act 2015
Electricity Reform Act 2000 67
Part 9 Repeals and transitional matters for Electricity
Reform Act 2000
112 Repeal
The Acts listed in Schedule 1 are repealed.
113 Transitional
(1) In this section, repealed Act means the Acts repealed by
section 112.
(2) If immediately before the commencement of this section a person
held a licence granted under the repealed Act, the Utilities
Commission must on that commencement grant the person a
licence under Part 3 to carry on operations in the electricity supply
industry that the person was permitted to carry on under the licence
granted under the repealed Act.
(3) A licence granted in accordance with subsection (2):
(a) is subject to the same terms and conditions that applied to the
licence granted under the repealed Act; and
(b) remains in force for the remainder of the period for which it
was granted under the repealed Act.
(4) Despite the repeal of the repealed Act, the Electricity By-laws 1981
continue in force as if section 112 had not commenced.
(5) In this Act, a reference to the Regulations includes the Electricity
By-laws 1981 referred to in subsection (4).
(6) Subsection (4) ceases to apply 6 months after the commencement
of this section.
Part 10 Transitional matters for National Electricity
(Northern Territory) (National Uniform
Legislation) Act 2015
114 Definitions
In this Part:
2015 Act means Part 5 of the National Electricity (Northern
Territory) (National Uniform Legislation) Act 2015.
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Electricity Reform Act 2000 68
115 Continuation of network technical codes
(1) On 1 July 2015, an existing technical code for a network becomes a
Network Technical Code in force under section 66A for that
network.
(2) In this section:
existing technical code means a network technical code and
network planning criteria that are in force under clause 9 of the
Network Access Code immediately before 1 July 2015.
116 References to transferred provisions
(1) A reference in an existing document to clause 9(2) to (6) of the
Network Access Code includes a reference to section 66A, unless
the context otherwise requires.
(2) A reference in an existing document to a provision of Chapter 3
(other than clauses 24, 25, 31 and 34) or Chapter 9 of the Network
Access Code includes a reference to the corresponding provision of
any regulations made under section 111(2)(d), unless the context
otherwise requires.
(3) In this section:
existing document means an Act or other document that was
made before 1 July 2015.
Part 11 Transitional matters for Statute Law
Amendment (Directors' Liability) Act 2015
117 Offences – before and after commencement
(1) Section 105, as inserted by the Statute Law Amendment (Directors'
Liability) Act 2015, (the new section) applies in relation to a
relevant offence committed by a body corporate after the
commencement of Part 2, Division 7 of that Act (the
commencement) only if:
(a) all the conduct constituting the relevant offence occurred after
the commencement; and
(b) all the conduct of the executive officer constituting the offence
against the new section occurred after the commencement.
-- 74 of 82 --
Part 13 Transitional matters for Electricity Legislation Amendment Act 2023
Electricity Reform Act 2000 69
(2) Section 105, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body
corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body
corporate after the commencement to which, as a result of
subsection (1), the new section does not apply.
Part 12 Transitional matters for Electricity Reform
Legislation Amendment Act 2021
118 Continuation of technical codes
(1) A System Control Technical Code in force immediately before the
commencement:
(a) remains in force after the commencement; and
(b) is taken to be a Code made under section 37B.
(2) A Network Technical Code in force immediately before the
commencement:
(a) remains in force after the commencement; and
(b) is taken to be a Code made under section 37F.
(3) In this section:
commencement means the commencement of Part 2 of the
Electricity Reform Legislation Amendment Act 2021.
Part 13 Transitional matters for Electricity Legislation
Amendment Act 2023
119 Definition
In this Act:
amending Act means the Electricity Legislation Amendment
Act 2023.
-- 75 of 82 --
Part 13 Transitional matters for Electricity Legislation Amendment Act 2023
Electricity Reform Act 2000 70
120 Superseded references
From the commencement of section 4 of the amending Act, in any
code, licence, instrument, contract or document of any other kind:
(a) a reference to a contestable customer or a non-contestable
customer is taken to be a reference to a customer; and
(b) a reference to an access agreement is taken to be a reference
to a connection agreement.
121 Saving of electricity pricing orders
An electricity pricing order made under section 44 that is in force
immediately before the commencement of section 8 of the
amending Act:
(a) continues in force according to its terms after the
commencement of section 8 of the amending Act; and
(b) is taken to have been made under section 44 as in force after
that commencement.
122 Saving of Retail Code
(1) The Retail Code made under regulation 2A of the Utilities
Commission Regulations 2001 as in force immediately before the
commencement of section 24 of the amending Act continues in
force after the commencement of section 44B of this Act and is
taken to have been authorised under that section.
(2) From the commencement of section 44B, a reference to
regulation 2A of the Utilities Commission Regulations 2001 in any
code, licence, instrument, contract or document of any other kind is
taken to be a reference to section 44B.
-- 76 of 82 --
Schedule 1 Acts repealed
Electricity Reform Act 2000 71
Schedule 1 Acts repealed
section 112
Electricity Commission Ordinance 1978 No. 27, 1978
Electricity Commission Act 1979 No. 79, 1979
Electricity Commission Act (No. 2) 1979 No. 101, 1979
Electricity Commission Act (No. 3) 1979 No. 120, 1979
Electricity Commission Amendment Act 1980 No. 13, 1981
Electricity Commission Amendment Act 1981 No. 77, 1981
Electricity Commission Amendment Act 1982 No. 6, 1982
Electricity Commission Amendment Act 1985 No. 17, 1985
Electricity Commission Amendment Act (No. 2) 1985 No. 42, 1985
Electricity Commission Amendment Act 1986 No. 30, 1986
Electricity Commission Amendment Act (No. 2) 1986 No. 73, 1986
Electricity Commission Amendment Act 1987 No. 21, 1987
Electricity Amendment Act 1988 No. 37, 1988
Electricity Amendment Act 1993 No. 33, 1993
Electricity Amendment Act 1999 No. 41, 1999
-- 77 of 82 --
ENDNOTES
Electricity Reform Act 2000 72
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Electricity Reform Act 2000 (Act No. 10, 2000)
Assent date 21 March 2000
Commenced 1 April 2000 (Gaz S14, 31 March 2000)
Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)
Assent date 12 September 2000
Commenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,
2000) and Gaz G38, 27 September 2000, p 2)
Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)
Assent date 29 June 2001
Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,
2001) and Cth Gaz S285, 13 July 2001)
Electricity Reform Amendment Act 2001 (Act No. 34, 2001)
Assent date 19 July 2001
Commenced 19 July 2001
Statute Law Revision Act 2005 (Act No. 44, 2005)
Assent date 14 December 2005
Commenced 14 December 2005
Personal Property Securities (National Uniform Legislation) Implementation Act 2010
(Act No. 30, 2010)
Assent date 9 September 2010
Commenced ss 58 to 60: 30 January 2012 (Gaz, S2, 24 January 2012);
rem: 25 November 2011 (Gaz,S68, 25 November 2011)
Penalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)
Assent date 18 November 2010
Commenced 1 February 2011 (Gaz S6, 1 February 2011)
-- 78 of 82 --
ENDNOTES
Electricity Reform Act 2000 73
Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010
(Act No. 41, 2010)
Assent date 8 December 2010
Commenced 1 January 2011 (Gaz S71, 20 December 2010)
Emergency Management Act 2013 (Act No. 27, 2013)
Assent date 8 November 2013
Commenced 27 November 2013 (Gaz S63, 27 November 2013)
Local Government Amendment Act 2014 (Act No. 19, 2014)
Assent date 2 June 2014
Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,
(s 2)
National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 (Act
No. 16, 2015)
Assent date 22 May 2015
Commenced pt 2 and pt 4, div 2: 1 July 2016;
pt 4 divs 3 and 4: 1 July 2019; pt 5: 1 July 2015;
rem: 22 May 2015 (s 2)
Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)
Assent date 18 September 2015
Commenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
National Electricity (Northern Territory) (National Uniform Legislation) Consequential
Amendment Regulations 2019 (SL No. 16, 2019)
Notified 1 July 2019
Commenced 1 July 2019 (r 2)
Utilities Legislation Amendment Act 2020 (Act No. 16, 2020)
Assent date 24 April 2020
Commenced 25 April 2020 (s 2)
Electricity Reform Legislation Amendment Act 2021 (Act No. 23, 2021)
Assent date 18 November 2021
Commenced 19 November 2021 (s 2)
Electrical Safety Act 2022 (Act No. 3, 2022)
Assent date 14 April 2022
Commenced 1 July 2024 (s 2(2))
Electricity Legislation Amendment Act 2023 (Act No. 26, 2023)
Assent date 1 November 2023
Commenced pts 2 and 4: 1 July 2024 (s 2(2) and Gaz S54, 26 June 2024);
rem: 31 October 2023 (s 2(1))
-- 79 of 82 --
ENDNOTES
Electricity Reform Act 2000 74
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 6, 13, 16, 17, 23, 24, 27,
32, 38, 40, 42, 44, 48, 51, 57, 59, 66, 66A, 72, 86 and 113.
4 LIST OF AMENDMENTS
lt amd No. 3, 2022, s 268
s 3 amd No. 3, 2022, s 269
s 4 amd No. 17, 2001, s 21; No. 44, 2005, s 35; No. 16, 2015, s 46; SL No. 16,
2019, r 4; No. 23, 2021, s 4; No. 3, 2022, s 270; No. 26, 2023, s 4
pt 2
div 2 hdg rep No. 3, 2022, s 271
ss 7 – 9 rep No. 3, 2022, s 271
s 10 amd No. 38, 2010, s 4
rep No. 3, 2022, s 271
ss 11 – 12 rep No. 3, 2022, s 271
s 14 amd No. 38, 2010, s 4; SL No. 16, 2019, r 5
s 19 amd No. 34, 2001, s 2; No. 38, 2010, s 4; No. 16, 2015, s 47
s 21 amd No. 26, 2023, s 15
s 22 amd SL No. 16, 2019, r 6
s 23 sub No. 26, 2023, s 5
s 26 amd No. 26, 2023, s 15
s 27 amd No. 16, 2015, s 48; No. 3, 2022, s 272; No. 26, 2023, s 15
s 28 sub No. 26, 2023, s 6
s 29 amd No. 16, 2015, s 49
rep No. 26, 2023, s 6
s 31 amd No. 38, 2010, s 4
s 32 amd No. 26, 2023, s 15
s 36 amd No. 26, 2023, s 7
s 37A ins No. 30, 2010, s 33
pt 3
div 2A hdg ins No. 23, 2021, s 5
ss 37B – 37K ins No. 23, 2021, s 5
s 38 amd No. 16, 2015, s 50; No. 23, 2021, s 6
s 40 amd No. 16, 2015, s 51; No. 26, 2023, s 15
s 42 amd No. 38, 2010, s 4; No. 16, 2015, s 52
s 41 sub No. 3, 2022, s 273
s 42 amd No. 26, 2023, s 15
s 43 amd No. 16, 2015, s 53; No. 26, 2023, s 15
s 45 amd No. 38, 2010, s 4
s 44 amd No. 16, 2020, s 4; No. 26, 2023, s 8
pt 3
div 5A ins No. 26, 2023, s 9
ss 44A – 44K ins No. 26, 2023, s 9
s 49 amd No. 26, 2023, s 15
s 54 amd No. 38, 2010, s 4
s 57 amd No. 19, 2014, s 26
s 59 amd No. 45, 2000, s 11
s 60 amd No. 3, 2022, s 274
s 63 amd No. 3, 2022, s 275
pt 4
div 4 hdg rep No. 3, 2022, s 276
s 64 rep No. 3, 2022, s 276
-- 80 of 82 --
ENDNOTES
Electricity Reform Act 2000 75
pt 4
div 5 hdg amd No. 3, 2022, s 277
s 66 amd No. 27, 2013, s 128
pt 4
div 6 hdg ins No. 16, 2015, s 54
rep SL No. 16, 2019, r 7
s 66A ins No. 16, 2015, s 54
rep SL No. 16, 2019, r 7
pt 5 hdg rep No. 3, 2022, s 278
ss 67 – 69 amd No. 38, 2010, s 4
sub No. 3, 2022, s 278
ss 70 – 71 amd No. 38, 2010, s 4
rep No. 3, 2022, s 278
s 72 amd No. 16, 2015, s 55; No. 3, 2022, s 279
s 74 amd No. 38, 2010, s 4
s 77 amd No. 3, 2022, s 280
ss 78 – 80 amd No. 38, 2010, s 4
rep No. 3, 2022, s 281
s 81 amd No. 38, 2010, s 4
pt 6
div 3 hdg ins No. 3, 2022, s 282
s 81A ins No. 3, 2022, s 282
s 82 rep No. 3, 2022, s 283
s 83 amd No. 3, 2022, s 284
s 84 amd No. 3, 2022, s 285
s 86 amd No. 45, 2000, s 11; No. 26, 2023, s 15
s 87 amd SL No. 16, 2019, r 8; No. 3, 2022, s 286
s 87A ins SL No. 16, 2019, r 9
sub No. 26, 2023, s 10
s 88 amd No. 3, 2022, s 287
s 89 amd No. 38, 2010, s 4
s 90 amd No. 38, 2010, s 4; No. 26, 2023, s 15
s 91 amd No. 26, 2023, s 15
s 92 amd No. 3, 2022, s 288
rep No. 26, 2023, s 11
ss 94 – 95 amd No. 8, 2016, s 45
ss 96 – 99 amd No. 38, 2010, s 4
rep No. 3, 2022, s 289
ss 100 – 102 amd No. 38, 2010, s 4
s 103 amd No. 3, 2022, s 290
s 105 sub No. 26, 2015, s 20
amd No. 3, 2022, s 291
s 108 amd No. 34, 2001, s 3
sub No. 26, 2023, s 12
s 109 amd No. 3, 2022, s 292; No. 26, 2023, s 15
s 110 amd No. 17, 2001, s 21; No. 26, 2023, s 15
s 111 amd No. 41, 2010, s 30; No. 16, 2015, s 56; SL No. 16, 2019, r 10; No. 23,
2021, s 7; No. 3, 2022, s 293; No. 26, 2023, s 13
pt 9 hdg ins No. 26, 2015, s 22
s 112 amd No. 16, 2015, s 57
pt 9 hdg ins No. 16, 2015, s 58
rep No. 26, 2015, s 21
pt 10 hdg ins No. 26, 2015, s 21
ss 114 – 116 ins No. 16, 2015, s 58
pt 11 hdg ins No. 26, 2015, s 23
s 117 ins No. 26, 2015, s 23
pt 12 hdg ins No. 23, 2021, s 8
s 118 ins No. 23, 2021, s 8
-- 81 of 82 --
ENDNOTES
Electricity Reform Act 2000 76
pt 13 hdg ins No. 26, 2023, s 14
ss 119 – 122 ins No. 26, 2023, s 14
sch hdg amd No. 16, 2015, s 59
sch 2 ins No. 16, 2015, s 60
rep SL No. 16, 2019, r 11
-- 82 of 82 --