UTILITIES ACT 2000 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 3. ICRC's objects 4. Dictionary 5. Notes 5A. Offences against Act--application of Criminal Code etc PART 2--UTILITY SERVICES Division 2.1--Electricity 6. Electricity services 7. Electricity network Division 2.2--Natural gas 8. Gas--terminology 9. Gas services 10. Gas networks Division 2.3--Water 11. Water services 12. Water network Division 2.4--Sewerage 13. Sewerage services 14. Sewerage network Division 2.5--Miscellaneous 15. Prescribed utility services 16. Network boundary 17. Customers 18. Declaration of non-franchise customers 19. Ministerial directions 20. Other laws not affected PART 3--LICENSING OF UTILITIES Division 3.1--General 21. Requirement for licence 22. Exemption Division 3.2--Terms of licences 23. Licensed utility services 24. Duration 25. General conditions 26. Technical and prudential criteria 27. Special conditions--electricity, gas or water supply services 28. Special conditions--electricity distribution or supply 31. Special conditions--gas distribution 32. Rights under licences 33. Partnerships and other groups Division 3.3--Licences 34. Applications for certain licence decisions 35. Further information 36. Public consultation 37. Grant 38. Variation 39. Exemption from licence condition 40. Transfer 41. Surrender 42. Revocation Division 3.3A--Notification and review of ICRC decisions 43. Meaning of reviewable decision--div 3.3A 43A. Reviewable decision notices 43B. Applications for review Division 3.4--Annual licence fee 44. Liability 45. Determination of fee Division 3.5--Review and enforcement 46. Review of licence conditions 47. Contravention of licence condition 48. Directions about licence condition 49. Directions about accounts and records 50. Contravention of direction Division 3.6--Miscellaneous 51. Protection of personal information 52. Public notice of licence decisions 53. Public access to licences etc 54. Annual reports--technical and environmental matters PART 3A--ENERGY INDUSTRY LEVY 54A. Definitions--pt 3A 54B. Purpose--pt 3A 54C. Energy industry levy--imposition 54D. Energy industry sectors etc 54E. National regulatory obligations and costs 54F. Local regulatory costs 54G. Annual regulatory costs etc 54H. Further energy sector determinations 54I. Production of distribution and sales information 54J. Production of relevant information etc 54K. Registration of energy utilities 54L. Offence--failure to register 54M. Returns under Taxation Administration Act 54N. Levy administrator PART 4--INDUSTRY CODES 55. Contents 56. Application 57. Draft codes 58. Approved codes 59. Determined codes 60. Public consultation 61. Variation 62. Notification and disallowance of codes etc 63. Public access PART 5--TECHNICAL REGULATION Division 5.1--Technical codes 64. Contents 65. Application of industry code provisions Division 5.2--Enforcement 66. Functions of director-general 67. Technical inspectors 68. Identity cards 69. Inspectors--functions 70. Directions about technical codes 71. Contravention of direction 72. Obtaining information and documents 73. Contravention of requirement under s 72 Division 5.3--Miscellaneous 74. Self-incrimination etc PART 6--ACCESS TO UTILITY SERVICES Division 6.1--Standard rights 77. Exercise of rights 78. Form of application 79. Electricity connection service 80. Electricity supply service 81. Gas connection service 82. Gas supply service 83. Water connection service 84. Water supply service 85. Sewerage connection service 86. Sewerage service Division 6.2--Standard customer contracts 87. Terms 88. Draft contracts 89. Approval of terms 90. Determination of terms 91. Notification and application of terms etc 92. Creation of standard customer contracts 93. Variation of terms 94. Water supply and sewerage services--owner's liability for payment Division 6.3--Negotiated customer contracts etc 95. Negotiated customer contracts 96. Unauthorised arrangements for utility services Division 6.4--Passing on supply costs 97. Approved meters 98. Passing on the cost of electricity 99. Passing on the cost of gas 100. Passing on the cost of water Division 6.5--Miscellaneous 101. Capital contribution charges--network development 102. Alternative energy--supply utilities not to discriminate PART 7--NETWORK OPERATIONS Division 7.1--General 103. Definitions for pt 7 Division 7.2--General powers 104. Acquisition of land 105. Installation of network facilities 106. Maintenance of network facilities 107. National land Division 7.3--Performance of network operations 108. Damage etc to be minimised 109. Notice to land-holder 110. Notice about lopping trees etc on private land 110A. Network operations affecting heritage significance 111. Notice to other utilities 112. Removal of utility's property and waste 113. Land to be restored Division 7.4--Authorised people 114. Appointment 115. Identity cards 116. Entry to premises--network operations 117. Entry to premises--inspection of meters etc Division 7.5--Miscellaneous 119. Order to enforce exercise of functions 120. Ownership of network facilities 121. Clarifying ownership of certain network facilities 122. Effect of declaration under s 121 PART 8--PROTECTION OF NETWORKS Division 8.1--General 123. Meaning of interference Division 8.2--General interference 124. Interference with networks 125. Network protection notices 125A. Network protection action affecting heritage significance Division 8.3--Contamination of water or sewerage networks 126. Contamination of water 127. Prohibited substances--water or sewerage network 128. Exempt water treatments Division 8.4--Miscellaneous 129. Unauthorised network connections 130. Unauthorised abstraction etc of electricity 131. Unauthorised abstraction etc of gas 132. Unauthorised abstraction etc of water 133. Extended meaning of network PART 9--CONTROLLER'S POWER TO TAKE OVER OPERATIONS Division 9.1--General 134. Extended meaning of utility 135. Appointment of controller 136. Controller's functions 137. Utility to cooperate 138. Reports to Minister 139. Ministerial directions 140. Contravention of controller's direction 142. Immunity from personal liability Division 9.2--Compensation 143. Right to compensation 144. Claims 145. Acceptance or rejection of claim 146. Acceptance or rejection of compensation offer 147. Payment 148. Role of court 149. Recovery of compensation PART 9A--SHORTAGE OF ESSENTIAL SERVICES 149A. Definitions for pt 9A 149B. Restriction of utility service 149C. Powers in relation to premises 149D. Production of identity card PART 10--ENFORCEMENT Division 10.1--General 150. Definitions for pt 10 Division 10.2--ICRC inspectors 152. Appointment 153. Identity cards 154. Power to enter premises 155. Production of identity card 156. Consent to entry 157. Warrants 158. Warrants--application made other than in person 159. Powers on entry to premises 160. Power to seize evidence 161. Receipt for things seized 162. Access to things seized 163. Return of things seized Division 10.3--Technical inspectors 164. Powers to enter and inspect premises Division 10.4--Authorised people for utility 165. Powers to enter and inspect premises Division 10.5--Miscellaneous 166. Self-incrimination etc PART 11--CERTAIN CAUSES OF ACTION AGAINST CUSTOMER 167. Proceedings in Magistrates Court--amounts over $10 000 168. Civil dispute applications to ACAT PART 12--COMPLAINTS TO ACAT ABOUT UTILITIES Division 12.1--Preliminary 169. Definitions--pt 12 170. Application--pt 12 171. Principles--pt 12 Division 12.2--Applications to ACAT 172. ACAT applications 173. Help with applications about failure to provide, or withdrawal of, utility 174. Advising Minister etc about systemic problems Division 12.3--Preliminary inquiries 175. Preliminary inquiries--registrar Division 12.4--Dismissal of complaints 176. Dismissal of complaints about utilities Division 12.5--Powers and decisions of ACAT 177. Complainant's records 178. ACAT decisions 179. Continuity of utility services--nonpayment of customer debt 180. Discharge of customer debt 181. Payment for loss or damage 182. Reviewable capital contribution charges 183. Reimbursement of utilities for customer debts discharged Division 12.6--Confidential information 184. Protection of confidential information PART 13--COMMUNITY SERVICE OBLIGATIONS 219. Purposes of pt 13 220. Agreement to be sought 221. Direction by Minister 222. Determination of costs 223. Liability for costs 224. Compliance with direction 225. Arbitration of dispute about cost PART 14--STREETLIGHTING AND STORMWATER Division 14.1--General 226. Definitions for pt 14 227. Stormwater network 228. Stormwater network code and boundary 229. Streetlight network 230. Streetlight network code Division 14.2--Territory network operations Subdivision 14.2.1--General powers 231. Installation of territory network facilities 232. Maintenance of territory network facilities 233. National land Subdivision 14.2.2--Performance of territory network operations 234. Damage etc to be minimised 235. Notice to land-holder 236. Notice about lopping trees etc on private land 237. Territory network operations affecting heritage significance 238. Notice to utilities 239. Removal of Territory's property and waste 240. Land to be restored 241. Compensation Subdivision 14.2.3--Authorised people and entry to premises 242. Territory service authorised people 243. Identity cards 244. Entry to premises--territory network operations 245. Entry to premises--inspection of connections etc Subdivision 14.2.4--Miscellaneous 246. Order to enforce exercise of functions 247. Ownership of territory network facilities Division 14.3--Protection of territory networks 248. Interference with territory networks 249. Territory network protection notices 250. Territory network protection action affecting heritage significance PART 15--VICARIOUS LIABILITY 251. References in pt 15 to proceeding under this Act 252. Liability of corporations 253. Liability of people other than corporations PART 16--MISCELLANEOUS 254. Determination of fees 255. Approved forms--ICRC 256. Approved forms--Minister 257. Evidentiary certificate--Government programs 258. Evidence of authorisation by utility 259. Former water and sewerage rates schemes--extended operation 260. Compensation--safety net 261. Regulation-making power SCHEDULE 1 ENDNOTES UTILITIES ACT 2000 - LONG TITLE An Act to regulate the provision of services by certain utilities, and for other matters UTILITIES ACT 2000 - SECT 1 Name of Act This Act is the Utilities Act 2000. UTILITIES ACT 2000 - SECT 3 ICRC's objects ICRC's objects under this Act are as follows: (a) to encourage the provision of safe, reliable, efficient and high quality utility services at reasonable prices; (b) to minimise the potential for misuse of monopoly power in the provision of utility services; (c) to promote competition in the provision of utility services; (d) to encourage long-term investment, growth and employment in utility service industries; (e) to promote ecologically sustainable development in the provision of utility services; (f) to protect the interests of consumers; (g) to ensure that advice given to ICRC by the ACAT, or the director-general under part 5 (Technical regulation), is properly considered; (h) to ensure the Government's programs about the provision of utility services are properly addressed; (i) to give effect to directions of the Minister under section 19. UTILITIES ACT 2000 - SECT 4 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act. For example, the signpost definition '"customer"--see section 17 (Customers).' means the term 'customer' is defined in that section. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). UTILITIES ACT 2000 - SECT 5 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. UTILITIES ACT 2000 - SECT 5A Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offence against this Act (see Code, pt 2.1): o s 54J (Production of relevant information etc). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. UTILITIES ACT 2000 - SECT 6 Electricity services For this Act, each of the following is a utility service: (a) the distribution of electricity through an electricity network; (b) an electricity connection service; (c) the supply of electricity from an electricity network to premises for consumption. UTILITIES ACT 2000 - SECT 7 Electricity network (1) For this Act, an "electricity network" consists of infrastructure used, or for use, in relation to the distribution of electricity by a person for supply to the premises of another person. (2) In this section: "infrastructure" means-- (a) powerlines; or (b) substations and equipment for monitoring, distributing, converting, transforming, or controlling electricity; or (c) a structure supporting overhead powerlines; or (d) wires, ducts or pipes for wires, or equipment; or (e) any other thing ancillary to any other part of the infrastructure. (3) An "electricity network" does not include infrastructure that is outside the network boundary. UTILITIES ACT 2000 - SECT 8 Gas--terminology (1) In this Act: "gas" means natural gas. (2) A term used in any of the following has the same meaning in this Act: (a) National Gas (ACT) Act 2008; (b) National Gas (ACT) Law; (c) National Gas (ACT) Regulation. Note A definition in an Act applies except so far as the contrary intention appears (see Legislation Act, s 155). (3) In this section: "natural gas"--see the National Gas (ACT) Law, section 2. UTILITIES ACT 2000 - SECT 9 Gas services For this Act, each of the following is a utility service: (a) the transmission of gas through a gas transmission network; (b) the distribution of gas through a gas distribution network; (c) a gas connection service; (d) the supply of gas from a gas distribution network to premises for consumption. UTILITIES ACT 2000 - SECT 10 Gas networks (1) For this Act, a "gas transmission network" consists of infrastructure used, or for use, in relation to the transmission of gas by a person through a transmission pipeline to a gas distribution network owned or operated by another person. (2) For this Act, a "gas distribution network" consists of infrastructure used, or for use, in relation to the distribution of gas by a person through a distribution pipeline for supply to premises of another person. (3) In this section: "distribution pipeline"--see the National Gas (ACT) Law, section 2. "infrastructure" means-- (a) pipelines; or (b) meters; or (c) any equipment (including pressure control devices, excess flow valves, control valves, actuators, electrical equipment, telemetry equipment, cathodic protection installations, compounds, pits, buildings, signs and fences); or (d) any other thing ancillary to any other part of the infrastructure. "transmission pipeline"--see the National Gas (ACT) Law, section 2. (4) A "gas network" does not include infrastructure that is outside the network boundary. UTILITIES ACT 2000 - SECT 11 Water services For this Act, each of the following is a utility service: (a) the collection or treatment of water, or both, for distribution through a water network; (b) making a water network available for the provision of water connection services; (c) the distribution of water through a water network; (d) a water connection service; (e) the supply of water from a water network to premises for consumption. UTILITIES ACT 2000 - SECT 12 Water network (1) For this Act, a "water network" consists of the infrastructure mentioned in subsection (2) used, or for use, in relation to any of the following purposes: (a) the collection and treatment of water for distribution by a person to premises of another person; (b) the distribution of water by a person for supply to premises of another person. (2) For subsection (1), the infrastructure consists of the following: (a) water storages, mains and treatment plants; (b) pumps, facilities and equipment for distributing water, or monitoring or controlling the distribution of water; (c) pipes or equipment; (d) any other thing ancillary to any other part of the infrastructure. (3) A "water network" does not include infrastructure that is outside the network boundary. UTILITIES ACT 2000 - SECT 13 Sewerage services For this Act, each of the following is a utility service: (a) making a sewerage network available for the provision of sewerage connection services; (b) a sewerage connection service; (c) a sewerage service. UTILITIES ACT 2000 - SECT 14 Sewerage network (1) For this Act, a "sewerage network" consists of the infrastructure mentioned in subsection (2) used, or for use, in relation to the provision of sewerage services by a person to premises of another person. (2) For subsection (1), the infrastructure consists of the following: (a) sewage storages, trunk sewers, mains and treatment plants; (b) pumps, facilities and equipment for conveying sewage, or monitoring or controlling the conveyance of sewage; (c) pipes or equipment; (d) any other thing ancillary to any other part of the infrastructure. (3) A "sewerage network" does not include infrastructure that is outside the network boundary. UTILITIES ACT 2000 - SECT 15 Prescribed utility services (1) The regulations may prescribe-- (a) a service related or ancillary to a utility service mentioned in division 2.1, 2.2, 2.3 or 2.4; or (b) a service complementary to the operations of a utility; to be a utility service. (2) The regulations may prescribe the utility network, and the infrastructure it consists of, for a utility service prescribed by regulations under subsection (1). (3) Regulations made for this section may-- (a) exempt a person from a stated requirement under this Act; and (b) state the circumstances in which an exemption applies. UTILITIES ACT 2000 - SECT 16 Network boundary (1) The boundary of a network is to be ascertained in accordance with the relevant industry code. (2) Without limiting the operation of subsection (1), the industry code may deal with the boundary of a network by reference to a point of connection between the network and-- (a) customers' premises; or (b) any other network. UTILITIES ACT 2000 - SECT 17 Customers (1) In this Act: "customer", for a utility service, means-- (a) a person for whom the service is provided under a customer contract; or (b) a person who has applied, orally or in writing, to the relevant utility for the service to be provided under a customer contract. "franchise customer", in relation to the supply of electricity, gas or water to premises, means a customer other than a non-franchise customer for the supply to the premises. "non-franchise" customer-- (a) for the supply of electricity to premises, means-- (i) a person who uses 160MW.h of electricity or more at particular premises in a particular year; or (ii) a person who has that status because of a declaration under section 18; and (b) for the supply of gas to premises, means-- (i) a person who uses 1TJ of gas or more at particular premises in a particular year; or (ii) a person who has that status because of a declaration under section 18; and (c) for the supply of water to premises--means a person who has that status because of a declaration under section 18. (2) For subsection (1), definition of "customer", paragraph (b), an application for a connection or supply service in relation to water or sewerage includes an application by, or for, a person for approval of a plan for plumbing or drainage work to connect premises to the relevant network. (3) For this Act, a customer to whom a declaration under section 18 applies is a non-franchise customer for a utility service only in the circumstances to which the declaration relates. UTILITIES ACT 2000 - SECT 18 Declaration of non-franchise customers (1) The Minister may, in writing, declare a person to be a non-franchise customer in relation to the supply of electricity, gas or water to premises. Note Power given under an Act to make a statutory instrument includes power to make different provision for different categories, eg different classes of people or premises (see Legislation Act, s 48). (2) A declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (3) A declaration is a disallowable instrument if it is expressed to apply in relation to a person's use of-- (a) less than 160 MW.h of electricity at premises in a year; or (b) less than 1 TJ of gas at premises in a year. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. UTILITIES ACT 2000 - SECT 19 Ministerial directions (1) A direction under this section may be given only to ensure the achievement of the objects set out in section 3 (a) to (h). (2) The Minister may give a written direction to ICRC about the results it must achieve by-- (a) licence conditions; or (b) industry codes. (3) A direction may be given generally or in relation to a particular matter. (4) ICRC must give effect to the direction as far as practicable. (5) A direction is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. UTILITIES ACT 2000 - SECT 20 Other laws not affected (1) This Act is in addition to, and does not limit, any other Act. (2) In particular, nothing in this Act affects the exercise of a function under, or the obligation of a utility to comply with a requirement of or under, any of the following: (a) the Electricity Safety Act 1971; (b) the Emergencies Act 2004; (c) the Environment Protection Act 1997; (d) the Australian Consumer Law (ACT); (e) the Gas Safety Act 2000; (f) the National Gas (ACT) Act 2008; (g) the National Gas (ACT) Law; (h) the National Gas (ACT) Regulation; (i) the Planning and Development Act 2007; (j) the Water and Sewerage Act 2000; (k) the Water Resources Act 2007; (l) the Work Health and Safety Act 2011. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). UTILITIES ACT 2000 - SECT 21 Requirement for licence (1) A person must not provide a utility service except in accordance with a licence. Maximum penalty: 3 000 penalty units. (2) A person who contravenes subsection (1) commits a separate offence for each day (after the first day) during any part of which the contravention continues. (3) An offence against subsection (2) is punishable, on conviction, by a fine not exceeding 600 penalty units. (4) To avoid any doubt, subsection (1) does not apply to the provision of a utility service by a person as an agent of a utility. UTILITIES ACT 2000 - SECT 22 Exemption (1) The Minister may, in writing, exempt a person from the requirement for a licence in relation to a utility service. Note Power given under an Act to make a statutory instrument includes power to make different provision for different categories, eg different classes of people or services (see Legislation Act, s 48). (2) An exemption is subject to compliance with any condition stated in the instrument of exemption. (3) A exemption is a disallowable instrument. Note 1 Large institutions, such as shopping centres, caravan parks, universities, retirement villages, apartment buildings or office blocks, may have their own facilities and network for the distribution and supply of electricity to tenants, and the distribution and supply may be regulated by the business arrangements between the institutions' managers and tenants. In some of these cases, the usual licence conditions concerning distribution and supply of electricity to the public may be inappropriate, and hence could be subject to an exemption. Note 2 The conditions on an exemption may, for example, require compliance with certain requirements under the Act in relation to safety and technical matters. Note 3 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. UTILITIES ACT 2000 - SECT 23 Licensed utility services A licence may be for 1 or more stated utility services, for example-- (a) in 1 or more areas; or (b) for 1 or more classes of people. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). UTILITIES ACT 2000 - SECT 24 Duration A licence may be in force indefinitely or for a term stated in the licence. UTILITIES ACT 2000 - SECT 25 General conditions (1) A licence is subject to-- (a) the conditions imposed from time to time by this Act; and (b) any other condition stated in the licence by ICRC that is not inconsistent with a requirement of, or under, this Act or any other law of the Territory. (2) A licence is subject to the following conditions: (a) that the utility comply with each of the following: (i) any requirement under this Act or a related law; (ii) a requirement under any other law in force in the Territory that applies to the utility in relation to the provision of a utility service; (iii) each industry code that applies to the utility; (iv) each technical code that applies to the utility; (v) a direction given to it by ICRC under this Act or a related law; (vi) a direction given to it by the director-general under part 5; (b) that the utility maintains the capacity, as determined in accordance with the relevant technical and prudential criteria adopted by ICRC from time to time under section 26-- (i) to comply with the licence conditions; and (ii) to operate a viable business as a licensee; (c) that the utility keep all records and documents necessary to enable it to meet any reporting requirement, or any requirement to produce a record or document, under this Act or another condition of its licence; (d) that the utility give ICRC, in accordance with any written requirements by ICRC, an annual report for each financial year in relation to-- (i) the exercise of its functions under this Act; and (ii) its compliance with the conditions of the licence. UTILITIES ACT 2000 - SECT 26 Technical and prudential criteria (1) ICRC must, in writing, adopt technical and prudential criteria for determining whether a utility, or an applicant for a licence, has the capacity-- (a) to comply with licence conditions; and (b) to operate a viable business as licensee. (2) ICRC must, on request in writing by a utility, or an applicant or prospective applicant for a licence, give the person particulars of the relevant technical and prudential criteria. (3) Section 38 applies to a variation of the criteria adopted in relation to a particular utility in the same way as it applies to a variation of a licence. UTILITIES ACT 2000 - SECT 27 Special conditions--electricity, gas or water supply services A licence to supply electricity, gas or water is, in addition to the conditions mentioned in section 25, subject to the following conditions: (a) that the utility supply only customers of the kind to which the licence relates; (b) if the licence is for supply to franchise customers--that the electricity, gas or water is supplied in accordance with the terms of the utility's standard customer contract for the supply (except to the extent that the customer and utility agree to other terms). UTILITIES ACT 2000 - SECT 28 Special conditions--electricity distribution or supply (1) A licence to distribute or supply electricity is, in addition to the conditions mentioned in section 25, subject to the condition that the utility comply with each applicable determination made by ICRC as the jurisdictional regulator under the national electricity rules. (2) In this section: "jurisdictional regulator"--see the ICRC Act, section 4A (4) (National electricity rules--electricity distribution and transmission pricing). "National Electricity (ACT) Law"--see the Electricity (National Scheme) Act 1997, section 5 (Application in ACT of National Electricity Law). "national electricity rules" means the national electricity rules approved under the National Electricity (ACT) Law, section 6. UTILITIES ACT 2000 - SECT 31 Special conditions--gas distribution A licence to distribute gas is, in addition to the conditions mentioned in section 25, subject to the condition that the distributor must-- (a) on request by a gas supplier or other person; and (b) on payment to the distributor of any relevant capital contribution charge; connect the premises to which the request relates to the distributor's network. UTILITIES ACT 2000 - SECT 32 Rights under licences The rights conferred by a licence-- (a) are subject to the operation of this Act and each related law and, in particular, are subject to a declaration under section 18; and (b) are not exclusive, unless the licence provides otherwise. UTILITIES ACT 2000 - SECT 33 Partnerships and other groups (1) A licence granted to a member of a group on behalf of the group is taken to have been granted to the group. (2) This Act and each related law apply to the group as if it were a person, but with the following changes: (a) a function that would be exercisable by the group may be exercised by any member; (b) an obligation that would be imposed on the group is imposed instead on each member, but may be discharged by any member; (c) a liability that would be imposed on the group is imposed instead, jointly and severally, on each member; (d) an offence against this Act or a related law that would otherwise be committed by the group is taken to have been committed by each member. (3) In a prosecution of a person for an offence that the person is taken to have committed because of subsection (2) (d), it is a defence if the person proves that he or she-- (a) did not aid, abet, counsel or procure the relevant act or omission; or (b) was not in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the person). (4) If, under this Act or a related law, a document is given to a member of a group, it is taken to have been given to the group. (5) In this section: "group "means-- (a) a partnership under the Partnership Act 1963; or (b) joint venturers or a consortium, syndicate or other unincorporated body of 2 or more people. UTILITIES ACT 2000 - SECT 34 Applications for certain licence decisions An application for any of the following must be made to ICRC: (a) the grant of a licence; (b) ICRC's agreement to the transfer of a licence; (c) the variation of a licence; (d) an exemption from compliance with a licence condition. Note 1 A fee may be determined under s 254 for this section. Note 2 If a form is approved under s 255 for an application, the form must be used. UTILITIES ACT 2000 - SECT 35 Further information (1) ICRC may, by written notice given to an applicant, require the applicant to give ICRC further stated information or documents that ICRC reasonably requires to determine the application. (2) ICRC is not required to determine an application until the applicant complies with the requirement. UTILITIES ACT 2000 - SECT 36 Public consultation (1) Before ICRC makes a defined licence decision under this division, it may give public notice about the matter to be decided and invite submissions about that matter from interested people. (2) The public notice must-- (a) be published in a daily newspaper and on ICRC's web site on the Internet; and (b) state where copies of relevant documents may be inspected; and (c) state-- (i) where submissions may be lodged; and (ii) the closing date for submissions, that is at least 28 days after the day the notice is published. (3) If ICRC gives public notice under subsection (1) about a defined licence decision, it must not make the decision unless it has-- (a) allowed the utility a reasonable opportunity-- (i) to examine submissions lodged with ICRC in accordance with the public notice; and (ii) to make representations to ICRC about any matter raised in the submissions; and (b) considered the matters raised in all the submissions and representations properly made to ICRC. (4) In this section: "defined licence decision" means a decision to-- (a) grant a licence under section 37; or (b) vary a licence under section 38; or (c) exempt a utility under section 39; or (d) agree to the transfer of a licence under section 40. "utility"-- (a) in relation to the grant of a licence--means the applicant for the licence; and (b) in relation to the transfer of a licence--includes the intended transferee. UTILITIES ACT 2000 - SECT 37 Grant (1) ICRC may, on application, grant a licence to a person to provide a utility service. Note 1 Under s 52, the ICRC must prepare a written notice of a grant of a licence. The notice is a notifiable instrument. Note 2 If ICRC refuses to grant a licence, or grants a licence subject to a condition imposed by it, it must give a reviewable decision notice to the applicant for the licence (see s 43A). (2) ICRC must grant the licence if satisfied that-- (a) the applicant has the capacity, as determined in accordance with the relevant technical and prudential criteria adopted by ICRC under section 26-- (i) to comply with the licence conditions; and (ii) to operate a viable business as licensee; and (b) the applicant satisfies any other requirement that is relevant to ICRC's objects under this Act. (3) A licence to provide utility services to franchise customers, whether exclusively or otherwise, may be granted by ICRC only with the written approval of the Minister. Note Under s 52, the ICRC must prepare a written notice of a refusal of a licence. The notice is a notifiable instrument. UTILITIES ACT 2000 - SECT 38 Variation (1) ICRC may, in writing, vary a utility's licence-- (a) on application by the utility; or (b) on its own initiative, by written notice given to the utility. Note 1 Under s 52, the ICRC must prepare a written notice of a variation of a licence. The notice is a notifiable instrument. Note 2 If ICRC refuses to vary a licence, it must give a reviewable decision notice to the licensee (see s 43A). (2) ICRC may vary a licence on its own initiative only if ICRC-- (a) has given the utility reasonable notice of the proposed variation and its reasons for the variation; and (b) has allowed the utility a reasonable opportunity to make representations to ICRC about the proposal; and (c) has taken account of any representation; and (d) is satisfied that the variation is appropriate. (3) However, ICRC may vary a licence on its own initiative without complying with subsection (2) (a), (b) and (c) if satisfied that-- (a) the variation is necessary or convenient-- (i) to give effect to a direction by the Minister under section 19; or (ii) following a review of the licence under section 46; or (iii) because of an amendment of an Act or a subordinate law; or (b) the variation-- (i) is unlikely to adversely affect anyone; and (ii) would not materially alter the licence. (4) A variation takes effect-- (a) on the day ICRC gives written notice of the variation to the utility; or (b) if the notice specifies a later date of effect--on that day. (5) A utility whose licence is varied on application by the utility must pay the determined fee (if any) to ICRC. UTILITIES ACT 2000 - SECT 39 Exemption from licence condition (1) ICRC may, on application and by written notice given to a utility, exempt the utility from compliance with a condition of its licence in relation to a stated activity or in stated circumstances. Note Under s 52, the ICRC must prepare a written notice of an exemption from a condition of a licence. The notice is a notifiable instrument. (2) An exemption may be given in relation to a condition, whether imposed by this Act or by ICRC. (3) An exemption-- (a) must state the period for which it is given; and (b) is subject to any further condition stated in the instrument of exemption. (4) This section does not limit ICRC's other powers under this Act in relation to the licence. (5) An exemption notice is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. UTILITIES ACT 2000 - SECT 40 Transfer (1) A licence is transferable only with ICRC's written agreement. Note 1 Under s 52, the ICRC must prepare a written notice of a transfer of a licence. The notice is a notifiable instrument. Note 2 If ICRC refuses to agree to the transfer of a licence, it must give a reviewable decision notice to the licensee (see s 43A). (2) ICRC may, on application, agree to a transfer of a licence only if satisfied that the intended licensee satisfies the requirements mentioned in section 37 (2) that apply at the time of the transfer. (3) A transfer takes effect-- (a) on the day ICRC gives written notice of its agreement to the licensee; or (b) if the notice provides for a later date of effect--on that day. Note Under s 52, the ICRC must prepare a written notice of a refusal to agree to transfer a licence. The notice is a notifiable instrument. UTILITIES ACT 2000 - SECT 41 Surrender (1) A utility may surrender its licence by giving written notice of surrender to ICRC. Note Under s 52, the ICRC must prepare a written notice of a surrender of a licence. The notice is a notifiable instrument. (2) The surrender takes effect-- (a) 90 days after the day the written notice is given to ICRC; or (b) if ICRC accepts an earlier surrender--on the day ICRC gives written notice of the acceptance to the utility. UTILITIES ACT 2000 - SECT 42 Revocation (1) Before ICRC revokes a licence, it must-- (a) in writing, give the utility reasonable notice of the proposed revocation and its reasons for the revocation; and (b) allow the utility a reasonable opportunity to make representations to ICRC; and (c) take account of any representation; and (d) comply with any other requirements about revocation set out in the licence. (2) ICRC may, in writing, revoke a licence-- (a) if-- (i) in the past 5 years, the licensee has been convicted of 2 or more offences against this Act (other than a daily offence); and (ii) the offences involve a contravention of 1 or more licence conditions; and (iii) ICRC is satisfied that each contravention is material to the licensee's continuing operations, having regard to the nature and scope of the activities to which the licence relates; or (b) if an annual licence fee, or any instalment, remains unpaid more than for 28 days after it is due for payment in accordance with the notice of the relevant determination under section 45. Note Under s 52, the ICRC must prepare a written notice of a revocation of a licence. The notice is a notifiable instrument. (3) A revocation takes effect-- (a) on the day ICRC gives a reviewable decision notice about the revocation to the licensee; or (b) if the notice provides for a later date of effect--on that day. UTILITIES ACT 2000 - SECT 43 Meaning of reviewable decision--div 3.3A In this division: "reviewable decision" means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. UTILITIES ACT 2000 - SECT 43A Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. UTILITIES ACT 2000 - SECT 43B Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. UTILITIES ACT 2000 - SECT 44 Liability (1) A person to whom a licence is granted must pay the annual licence fee to ICRC for each financial year, or part of a financial year, in which the licence is in force. (2) The fee is payable in accordance with the notice of the relevant determination under section 45. UTILITIES ACT 2000 - SECT 45 Determination of fee (1) ICRC may determine the annual licence fee payable by each utility. Note Under s 52, the ICRC must prepare a written notice of a determination of annual licence fees. The notice is a notifiable instrument. (2) The annual licence fee for a particular utility is the amount considered by ICRC to be a reasonable contribution towards the costs incurred, or expected to be incurred-- (a) by the following in the exercise of functions, in the ACT or elsewhere, in relation to utility services: (i) ICRC; (ii) the director-general under part 5 (Technical regulation) on behalf of the Territory; and (b) by the ACAT in hearing and deciding matters to which a utility is a party. (3) The matters that ICRC must have regard to when working out the costs mentioned in subsection (2) include, for example-- (a) the extent of those costs in relation to each utility; and (b) the annual licence fees payable by all utilities; and (c) the relative scope and nature of the services provided by all utilities. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (4) A determination must be in writing stating the following matters: (a) ICRC's findings on the matters mentioned in subsections (2) and (3) in relation to the relevant utility; (b) the amount of the fee and the way it is worked out; (c) ICRC's reasons for the amount of the fee and any instalment; (d) how the fee is to be paid (for example, as a lump sum, or by instalments). (5) ICRC must give to a utility-- (a) a copy of the determination of each annual licence fee payable by the utility; and (b) written notice stating when the fee, or any instalment, is due for payment. (6) The day on which an annual licence fee, or any instalment, is due for payment must be at least 28 days after the day the notice is given to the relevant utility. (7) In this section: "costs" does not include-- (a) costs payable by a utility under the ICRC Act; and (b) any fees, charges, costs or other amounts prescribed under the regulations for this definition. Example for par (a) costs of an investigation on an industry reference into a regulated industry under the ICRC Act, s 19 UTILITIES ACT 2000 - SECT 46 Review of licence conditions (1) ICRC may review a licence at any time to determine whether the licence conditions are appropriate for achieving ICRC's objects under this Act. (2) ICRC must publish notice of a proposed review in a daily newspaper. (3) The notice must state the following matters: (a) ICRC's objects under this Act; (b) the purpose of the review; (c) the identity of the utility; (d) the utility services to which the licence relates; (e) where a copy of the licence may be inspected; (f) where submissions in relation to the review should be lodged; (g) the closing date for submissions, that is at least 28 days after the day on which the notice is published. (4) For a review, ICRC must ensure that the utility has a reasonable opportunity-- (a) to examine submissions lodged with ICRC in accordance with the newspaper notice; and (b) to make representations to ICRC about any matter raised in the submissions. (5) ICRC must not finish a review unless it has-- (a) given the utility and each person who made a submission in accordance with the newspaper notice a written statement of its expected findings and supporting reasons and the action (if any) that ICRC proposes to take because of the review; and (b) allowed the utility and each such person a reasonable opportunity to make further representations to ICRC; and (c) considered the matters raised in all the submissions and representations duly made to ICRC. (6) When ICRC finishes a review, it must-- (a) give the utility a written statement of its findings and supporting reasons and the action (if any) taken by ICRC because of the review; and (b) publish notice of the findings in a daily newspaper, stating the place where a record of the statement is available for public inspection. UTILITIES ACT 2000 - SECT 47 Contravention of licence condition (1) A utility must not, without reasonable excuse, contravene a condition of its licence. Maximum penalty: 3 000 penalty units. (2) A utility that, without reasonable excuse, contravenes a condition of its licence commits a separate offence for each day (after the first day) during any part of which the contravention continues without reasonable excuse. (3) An offence against subsection (2) is punishable, on conviction, by a fine not exceeding 600 penalty units. UTILITIES ACT 2000 - SECT 48 Directions about licence condition (1) This section applies if ICRC is satisfied that a utility has contravened, or is likely to contravene, a condition of its licence. (2) ICRC may give a direction under this section only if it has taken reasonable steps to consult the utility concerned about the giving of the direction. (3) ICRC may give a written direction to the utility to take action stated in the direction to ensure compliance with the condition, including action-- (a) to rectify the contravention; or (b) to avoid the likely contravention. UTILITIES ACT 2000 - SECT 49 Directions about accounts and records (1) If ICRC is satisfied that it is necessary or convenient to do so in relation to the exercise of its functions under the ICRC Act, part 3, 4, 4A or 4B, ICRC may give a written direction to a utility about the keeping of accounts and records in relation to the utility's functions under this Act. (2) A direction may require the utility, for example, to do all or any of the following: (a) to set up and maintain separate accounts for a stated activity; (b) to set up and maintain a consolidated set of accounts for a stated activity; (c) to apportion costs shared between different activities in a stated way; (d) to deal with information about its functions under this Act in a stated way; (e) to keep records of a stated class; (f) to maintain accounts or records in a stated way. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). UTILITIES ACT 2000 - SECT 50 Contravention of direction (1) A utility must not, without reasonable excuse, contravene a direction under section 48 or 49. Maximum penalty: 2 000 penalty units. (2) A utility that, without reasonable excuse, contravenes a direction under section 48 or 49 commits a separate offence for each day (after the first day) during any part of which the contravention continues without reasonable excuse. (3) An offence against subsection (2) is punishable, on conviction, by a fine not exceeding 200 penalty units. UTILITIES ACT 2000 - SECT 51 Protection of personal information (1) In this section: "Information Privacy Principles "means the Information Privacy Principles under the Privacy Act 1988 (Cwlth, s 6), other than Principle 5, clause 4 (b). (2) This section applies to personal information gained by a utility in relation to the provision of a utility service. (3) A utility must deal with personal information in accordance with the Information Privacy Principles as if it were a prescribed authority, within the meaning of the Freedom of Information Act 1989, to which the Privacy Act 1988 (Cwlth) applies. Note An Act of the Territory generally cannot apply the Privacy Act (Cwlth) to utilities. However, this section would oblige utilities to observe the Information Privacy Principles under the Privacy Act as if the Act applied to them. The arrangement does not allow complaints to be made to the privacy commissioner about utilities, nor for the application of remedies under the Privacy Act. UTILITIES ACT 2000 - SECT 52 Public notice of licence decisions (1) ICRC must prepare a written notice of each of the following matters as soon as possible after it happens: (a) the grant of a utility licence under section 37 (Grant); (b) the refusal of a utility licence under section 37 (Grant); (c) the variation of a utility licence under section 38 (Variation); (d) an exemption from compliance with a utility licence condition under section 39 (Exemption from licence condition); (e) ICRC's agreement to the transfer of a utility licence under section 40 (Transfer); (f) ICRC's refusal to agree to the transfer of a utility licence under section 40 (Transfer); (g) the surrender of a utility licence under section 41 (Surrender); (h) the revocation of a utility licence under section 42 (Revocation); (i) the determination of an annual licence fee for a utility under section 45 (Determination of fee). (2) The notice must include a statement about the rights available under section 53 in relation to documents about the matter. (3) The notice is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. UTILITIES ACT 2000 - SECT 53 Public access to licences etc (1) ICRC must make copies of each of the documents mentioned in subsection (2) available for inspection by members of the public-- (a) during ordinary office hours at the office of ICRC; and (b) at any other place determined by ICRC; and (c) on ICRC's web site on the Internet. (2) Subsection (1) applies to each of the following documents: (a) each utility licence; (b) a record of each of the following decisions by ICRC: (i) to grant a utility licence; (ii) to refuse to grant a utility licence; (iii) to vary a utility licence; (iv) the determination of an annual licence fee; (v) to grant an exemption from compliance with a licence condition; (vi) to agree to the transfer of a utility licence; (vii) to refuse to agree to the transfer of a utility licence; (viii) to revoke a utility licence; (c) ICRC's findings on a review under section 46, and its supporting reasons; (d) the notice of the surrender of a licence. (3) A person may-- (a) without charge, inspect a document made available in accordance with subsection (1); and (b) make a copy of all or any part of the document, during ordinary office hours, at ICRC's office. Note A fee may be determined under s 254 for par (b). (4) If a person requests that a copy be made available in electronic form, ICRC may provide the relevant information-- (a) on a data storage device; or (b) by electronic transmission. (5) The ICRC Act, section 46 does not apply to a document mentioned in subsection (2). UTILITIES ACT 2000 - SECT 54 Annual reports--technical and environmental matters (1) As soon as practicable after ICRC receives an annual report by a utility in accordance with the licence condition mentioned in section 25 (2) (d), it must-- (a) give a copy of the technical section of the report to the director-general under part 5 (Technical regulation); and (b) give a copy of the environmental section of the report to the environment protection authority. (2) For this section-- (a) the technical section of the report is the part concerning the utility's compliance with the requirements under this Act in relation to technical codes; and (b) the environmental section of the report is the part concerning the utility's compliance with the requirements under this Act in relation to the protection of the environment. (3) Without limiting the requirements mentioned in section 25 (2) (d), ICRC may, in writing, require a utility to prepare annual reports with separate technical and environmental sections. Note This part is a tax law under the Taxation Administration Act 1999. As a tax law, this part is subject to provisions of the Taxation Administration Act 1999 about the administration and enforcement of tax laws generally. UTILITIES ACT 2000 - SECT 54A Definitions--pt 3A In this part: "administrator"--see section 54N. "determined" means determined by the administrator under this part. "energy industry sector"--see section 54D (1). "energy utility"--see section 54D (2). "energy utility service"--see section 54D (3). "fixed net regulatory cost"--see section 54G (3). "levy" means the levy under section 54C. "levy year"--see section 54C (1). "local regulatory cost"--see section 54F (1). "national regulatory cost"--see section 54E (2). "national regulatory obligations"--see section 54E (1). "net regulatory cost"--see section 54G (2). "regulatory cost"--see section 54G (1). "year "means financial year. UTILITIES ACT 2000 - SECT 54B Purpose--pt 3A The purpose of this part is to impose a levy on energy utilities to recover the amount of the Territory's national regulatory costs, and local regulatory costs, in relation to the energy industry sectors. UTILITIES ACT 2000 - SECT 54C Energy industry levy--imposition (1) If an energy utility provides an energy utility service in an energy industry sector at any time during a year (the levy year), the utility is liable to pay a levy in relation to the net regulatory cost for that year. (2) The levy for the levy year is worked out as follows: (3) If an energy utility does not provide an energy utility service in an energy industry sector in the levy year, but provided an energy utility service in the sector in the previous year-- (a) L is taken to be zero in relation to the utility for the levy year; and (b) K is taken to be zero in relation to the utility for the levy year. (4) If an energy utility provides an energy utility service in an energy industry sector in the levy year, but did not provide an energy utility service in the sector in the previous year-- (a) L' is taken to be zero in relation to the utility for the previous year; and (b) K' is taken to be zero in relation to the utility for the previous year. (5) In this section: "A", for the levy year, means an adjustment for the previous year, worked out as follows: "E", for the levy year, means-- (a) for an electricity distributor--the total number of megawatt hours of electricity distributed by the distributor in the ACT in the previous year; and (b) for an electricity supplier--the total number of megawatt hours of electricity sold by the supplier in the ACT in the previous year; and (c) for a gas distributor--the total number of megajoules of gas distributed by the distributor in the ACT in the previous year; and (d) for a gas supplier--the total number of megajoules of gas sold by the supplier in the ACT in the previous year. "K", for an energy industry sector for the levy year, means the determined estimate of fixed net regulatory cost for the sector for the year. "K'", for an energy industry sector for the levy year, means the determined fixed net regulatory cost for the sector for the previous year. "L", for an energy industry sector for the levy year, means the determined estimate of net regulatory cost for the sector for the year. "L'", for an energy industry sector for the levy year, means the determined net regulatory cost for the sector for the previous year. "NC", for an energy industry sector for the levy year, means the determined number of energy utilities that provided energy utility services in the sector at any time before 15 September for the year. "NC'", for an energy industry sector for the levy year, means the determined number of energy utilities that provided energy utility services in the sector at any time during the previous year. "T", for the levy year, means the amount of any levy paid by the utility in relation to the provision of energy utility services in the energy industry sector during the previous year. "E", for an energy industry sector for the levy year, means the total number of megawatt hours of electricity or megajoules of gas distributed or sold in the ACT by all energy utilities in the sector in the previous year. UTILITIES ACT 2000 - SECT 54D Energy industry sectors etc (1) For this part, each of the following is an energy industry sector: (a) the electricity distribution sector; (b) the electricity supply sector; (c) the gas distribution sector; (d) the gas supply sector; (e) an energy industry sector prescribed by regulation. (2) For this part, an energy utility is a utility that provides an energy utility service. (3) For this part, an energy utility service is any of the following: (a) electricity distribution; (b) electricity supply; (c) gas distribution; (d) gas supply. (4) In this section: "electricity distribution" means the distribution of electricity through an electricity network. "electricity supply" means the supply of electricity from an electricity network to premises for consumption. "gas distribution" means the distribution of gas through a gas distribution network. "gas supply" means the supply of gas from a gas distribution network to premises for consumption. UTILITIES ACT 2000 - SECT 54E National regulatory obligations and costs (1) For this part, the national regulatory obligations are the Territory's obligations under the AEMA in relation to-- (a) cost-sharing arrangements for funding AEMC in relation to the exercise of its functions; and (b) the Ministerial Council on Energy's responsibilities under the AEMA. (2) For this part, the national regulatory cost for a year is the amount determined under this section to be the cost to the Territory of meeting its national regulatory obligations for the year. (3) The administrator must, before 1 October in the levy year, in accordance with this section, determine-- (a) the estimated national regulatory cost to be applied to each energy industry sector for each levy year; and (b) the national regulatory cost to be applied to each energy industry sector for the year before each levy year. (4) In determining the estimated national regulatory cost to be applied to an energy industry sector for a levy year, the administrator must-- (a) consider the following: (i) the AEMC's budget, or draft budget, for its functions for the year; (ii) the MCE's budget, or draft budget, for its functions under the AEMA for the year; (iii) the amount, if any, allocated for AEMC and MCE by the Territory for the year; (iv) the annual costs incurred by AEMC and MCE in previous years in relation to the ACT; (v) the annual costs incurred by the Territory in previous years for activities undertaken by AEMC and MCE; and (b) apportion the estimated national regulatory cost between energy industry sectors having regard to the costs attributable to each sector. (5) In determining the national regulatory cost to be applied to an energy industry sector for the year before the levy year, the administrator must-- (a) consider the amount payable by the Territory for its national regulatory obligations for the previous year; and (b) apportion the national regulatory cost between energy industry sectors having regard to the costs attributable to each sector. (6) A determination under this section is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (7) In this section: "AEMA" means the Australian Energy Market Agreement 2004, as amended in 2006, between the Commonwealth, State and Territory Governments. "AEMC" means the Australian Energy Market Commission under the Australian Energy Market Commission Establishment Act 2005 (SA). "MCE" means the Ministerial Council on Energy and working groups established under the council. UTILITIES ACT 2000 - SECT 54F Local regulatory costs (1) For this part, the local regulatory cost for a year is the amount determined by the administrator to be the cost to the Territory of-- (a) providing regulatory activities in relation to safety, technical operations, consumer service and environmental behaviour for energy utility services; and (b) the administration of the levy. (2) The administrator must, before 1 October in the levy year, in accordance with this section, determine the amount of the local regulatory cost to be applied to each energy industry sector for each levy year and the previous year. (3) In determining the estimated local regulatory cost for an energy industry sector for a levy year, the administrator must-- (a) consider the following: (i) the budget, or draft budget, for local regulatory activities for the year; (ii) the costs incurred in previous years for local regulatory activities; and (b) apportion the estimated local regulatory cost between energy industry sectors having regard to the costs attributable to each sector. (4) In determining the local regulatory cost for an energy industry sector for a year before a levy year, the administrator must apportion the local regulatory cost between energy industry sectors having regard to the costs attributable to each sector. (5) A determination under this section is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. UTILITIES ACT 2000 - SECT 54G Annual regulatory costs etc (1) For this part, the regulatory cost for an energy industry sector for a year is the sum of the amounts determined by the administrator to be-- (a) the national regulatory cost to be applied to the sector for the year; and (b) the local regulatory cost to be applied to the sector for the year. (2) For this part, the net regulatory cost for an energy industry sector for a year is the regulatory cost for the sector for the year less the total amount of annual licence fees determined under section 45 (Determination of fee) for all energy utilities in the sector for the year. (3) For this part, the fixed net regulatory cost for an energy industry sector for a year is the net regulatory cost incurred for an energy utility that is unrelated to the utility's market share. UTILITIES ACT 2000 - SECT 54H Further energy sector determinations (1) For this part, the administrator must, before 1 October in the levy year, determine the following: (a) for the levy year-- (i) the number of energy utilities that provided an energy utility service in each energy utility sector at any time before 15 September in the year; and (ii) for each energy industry sector, the estimated fixed net regulatory cost for the sector for the year; (b) for the year before the levy year-- (i) the number of energy utilities that provided an energy utility service in each energy industry sector at any time during the year; and (ii) having regard to statements lodged under section 54I, the total number of megawatt hours of electricity or megajoules of gas distributed or sold in the ACT by all energy utilities in each energy industry sector in the year; and (iii) for each energy industry sector, the fixed net regulatory cost for the sector for the year. (2) A determination under this section is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. UTILITIES ACT 2000 - SECT 54I Production of distribution and sales information (1) An energy utility must lodge a statement for a levy year if the utility provided an energy utility service in the ACT at any time during the previous year. (2) The statement for a year must-- (a) be in writing; and (b) be lodged with the administrator not later than 15 September in the year; and (c) state-- (i) for an electricity distributor--the total number of megawatt hours of electricity distributed by the distributor in the ACT in the previous year; and (ii) for an electricity supplier--the total number of megawatt hours of electricity sold by the supplier in the ACT in the previous year; and (iii) for a gas distributor--the total number of megajoules of gas distributed by the distributor in the ACT in the previous year; and (iv) for a gas supplier--the total number of megajoules of gas sold by the supplier in the ACT in the previous year; and (v) the way the energy utility calculated the number of megawatt hours or megajoules mentioned in subparagraphs (i) to (iv). UTILITIES ACT 2000 - SECT 54J Production of relevant information etc (1) The administrator may, by written notice given to an energy utility, require the utility to give the administrator relevant information or documents that the administrator reasonably requires for this part. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (2) The notice must state-- (a) the information or document required by the administrator; and (b) where or how the information or document is to be given to the administrator; and (c) when the information or document must be given to the administrator. (3) An energy utility commits an offence if the utility contravenes a requirement of a notice given to the utility under subsection (1). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. UTILITIES ACT 2000 - SECT 54K Registration of energy utilities The commissioner must register an energy utility if the utility-- (a) provides an energy utility service in the ACT; and (b) has applied to the commissioner for registration as an energy utility. UTILITIES ACT 2000 - SECT 54L Offence--failure to register (1) A person commits an offence if-- (a) the person becomes an energy utility; and (b) the person does not apply to the commissioner to be registered as an energy utility within 90 days after the day the person becomes an energy utility. Maximum penalty: 50 penalty units. (2) Strict liability applies to subsection (1) (a). UTILITIES ACT 2000 - SECT 54M Returns under Taxation Administration Act (1) An energy utility must lodge a return for a levy year if the utility provided an energy utility service in the ACT at any time-- (a) before 1 October in the year; or (b) during the previous year. (2) The return for a year must-- (a) be in writing; and (b) be lodged with the commissioner for revenue not later than the return deadline; and (c) state-- (i) for an electricity distributor--the total number of megawatt hours of electricity distributed by the distributor in the ACT in the previous year; and (ii) for an electricity supplier--the total number of megawatt hours of electricity sold by the supplier in the ACT in the previous year; and (iii) for a gas distributor--the total number of megajoules of gas distributed by the distributor in the ACT in the previous year; and (iv) for a gas supplier--the total number of megajoules of gas sold by the supplier in the ACT in the previous year; and (v) the way the energy utility calculated the number of megawatt hours or megajoules mentioned in subparagraphs (i) to (iv). Note If a form is approved under the Taxation Administration Act 1999, s 139C (Approved forms) for this provision, the form must be used. (3) In this section: "return deadline", for a return for a year, means-- (a) 31 October in the year; or (b) if the deadline is extended under the Taxation Administration Act 1999, section 40--the date by which the return must be lodged under that section. UTILITIES ACT 2000 - SECT 54N Levy administrator The Minister may appoint a public servant to be the administrator for this part. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). Note 3 A person's appointment also ends if the person resigns (see Legislation Act, s 210). UTILITIES ACT 2000 - SECT 55 Contents (1) An industry code may set out practices, standards and other matters about the provision of a utility service. (2) An industry code may deal, for example, with all or any of the following matters: (a) network boundaries; (b) connections to a network; (c) utility service standards; (d) the protection of customers and consumers; (e) the metering of utility services; (f) the provision of utility services generally and on a last resort basis; (g) the termination or interruption of utility services; (h) disconnections from a network; (i) arrangements between licensed distributors and suppliers concerning the use of a network; (j) the development of a network. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) An industry code may deal with a matter by stating requirements to be dealt with by the terms of a standard customer contract for a utility service. (4) An industry code may apply, adopt or incorporate (with or without change) an instrument, or a provision of an instrument, as in force from time to time. Note 1 A statutory instrument may also apply, adopt or incorporate (with or without change) a law or instrument (or a provision of a law or instrument) as in force at a particular time (see Legislation Act, s 47 (1)). Note 2 If a statutory instrument applies, adopts or incorporates a law or instrument (or a provision of a law or instrument), the law, instrument or provision may be taken to be a notifiable instrument that must be notified under the Legislation Act (see s 47 (2)-(6)). UTILITIES ACT 2000 - SECT 56 Application (1) For this Act, an industry code applies to a utility if it applies to the provision of utility services of a kind that the utility is licensed to provide. (2) An industry code may apply to-- (a) a utility service of a stated class or utility services generally; or (b) a stated utility, a utility of a stated class or utilities generally; and may make different provisions for different classes of services or utilities. (3) An industry code has no effect to the extent of any inconsistency with this Act, a related law or a technical code. UTILITIES ACT 2000 - SECT 57 Draft codes (1) ICRC must consider a draft industry code submitted for approval by-- (a) a utility; or (b) a person whom ICRC is satisfied represents a utility or 2 or more utilities. (2) ICRC may give a written direction to a utility to submit a draft industry code about a stated matter to ICRC for consideration. (3) A utility must comply with a direction within the period stated in the direction, being a period that ICRC is satisfied is reasonable in the circumstances. UTILITIES ACT 2000 - SECT 58 Approved codes (1) ICRC may, in writing-- (a) approve; or (b) refuse to approve; an industry code a draft of which has been submitted in accordance with section 57. (2) ICRC may approve an industry code only if-- (a) it has consulted the Minister, and the Minister responsible for part 5 (Technical regulation), in relation to the code; and (b) is satisfied that-- (i) the code is not inconsistent in material respects with another industry code or a technical code; and (ii) the requirements of section 60 for public consultation have been satisfied; and (iii) the code is appropriate. (3) ICRC must give the proponent of a draft industry code submitted in accordance with section 57 written notice of its decision on the draft code. (4) If ICRC refuses to approve an industry code, the notice of the decision must set out the reasons for the refusal and may-- (a) state any matter that ICRC is satisfied requires further consideration or development; and (b) require the proponent to submit a further draft industry code to ICRC for consideration. (5) If subsection (4) (b) applies, the notice must state the period, that ICRC is satisfied is reasonable in the circumstances, within which the further draft industry code is to be submitted. (6) ICRC must, as soon as practicable, give a copy of each approved code to each utility to which the code would apply. UTILITIES ACT 2000 - SECT 59 Determined codes (1) ICRC may, in writing, determine an industry code if it-- (a) has consulted the Minister, and the Minister responsible for part 5 (Technical regulation), in relation to the code; and (b) is satisfied that-- (i) the code is not inconsistent in material respects with another industry code or a technical code; and (ii) it is necessary or convenient to determine the code. (2) ICRC may determine an industry code, for example, in the following circumstances: (a) if a utility fails to submit a draft industry code in accordance with a direction under section 57; (b) the proponent of a draft industry code fails to submit a further draft of the code in accordance with a requirement in a notice of refusal under section 58; (c) ICRC is satisfied that a draft industry code submitted for consideration or approval is not appropriate; (d) to give effect to a direction by the Minister under section 19. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) ICRC must, as soon as practicable, give a copy of each determined code to each utility to which the code would apply. UTILITIES ACT 2000 - SECT 60 Public consultation (1) Before ICRC approves or determines an industry code, it must-- (a) publish a notice in a daily newspaper that-- (i) states that the draft code has been prepared; and (ii) states the place or places where copies of the draft code may be inspected or obtained; and (iii) invites interested people to make submissions to ICRC about the draft code within the period stated in the notice; and (b) make copies of the draft code available for public inspection in accordance with the notice. (2) The period stated in the notice must run for at least 30 days after the publication of the notice. (3) ICRC must have due regard to any submission made in accordance with the notice when approving or determining the industry code. UTILITIES ACT 2000 - SECT 61 Variation (1) ICRC may, in writing, approve, or determine, a variation of an industry code and, for that purpose, the other sections of this part apply to the variation, subject to subsections (2) and (3), in the same way as they apply to a new industry code. (2) ICRC may approve a variation of an industry code under section 58 without the public consultation required by section 60 if-- (a) apart from the proponent, each utility to which the code applies has given ICRC written notice of its agreement to the variation; or (b) ICRC is satisfied that the variation is necessary or convenient-- (i) to give effect to a direction by the Minister under section 19; or (ii) following a review of a licence under section 46; or (iii) because of an amendment of an Act or a subordinate law; or (c) ICRC is satisfied that the variation is unlikely to adversely affect anyone and would not materially alter the code. (3) ICRC may determine a variation of an industry code under section 59 on its own initiative, without the public consultation required by section 60, in the circumstances mentioned in subsection (2) (b) or (c). UTILITIES ACT 2000 - SECT 62 Notification and disallowance of codes etc Each of the following is a disallowable instrument: (a) an industry code approved under section 58 (Approved codes); (b) an industry code determined under section 59 (Determined codes); (c) the variation of an industry code approved or determined under section 61 (Variation). Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. UTILITIES ACT 2000 - SECT 63 Public access (1) ICRC must make copies of each of the documents mentioned in subsection (2) available for public inspection during ordinary office hours, at the office of ICRC and any other place determined by ICRC. (2) Subsection (1) applies to each of the following documents: (a) each industry code; (b) a record of each of the following decisions by ICRC: (i) to approve an industry code; (ii) to refuse to approve an industry code, a draft of which has been submitted to ICRC for consideration; (iii) to determine an industry code; (iv) to approve, or determine, a variation of an industry code. (3) A person may inspect, or make a copy of, all or part of a document mentioned in subsection (2). Note A fee may be determined under s 254 for this subsection. (4) If a person requests that a copy be made available in electronic form, ICRC may provide the relevant information-- (a) on a data storage device; or (b) by electronic transmission. (5) The ICRC Act, section 46 does not apply to a document mentioned in subsection (2). UTILITIES ACT 2000 - SECT 64 Contents (1) A technical code is to consist only of requirements necessary or convenient for the following purposes: (a) protecting the integrity of a network or network facility; (b) protecting the health or safety of people who-- (i) operate; or (ii) work on; or (iii) are otherwise reasonably likely to be affected by the operation of; a network or network facility; (c) ensuring the proper connection of customers' premises to a network for the provision of a utility service; (d) ensuring, directly or indirectly, as a condition of connecting customers' premises to a network, that facilities or equipment on customer's premises-- (i) have particular design features; or (ii) meet particular performance requirements; (e) ensuring, directly or indirectly, that a network or network facility-- (i) has particular design features; or (ii) meets performance requirements stated in a relevant industry code; (f) protecting-- (i) public and private property; and (ii) the environment; (g) emergency planning by a utility. (2) For the purposes of subsection (1) but without limiting its operation, a technical code may make provision in relation to the accreditation of people for work associated with the connection of premises to a network or varying the capacity of such a connection. UTILITIES ACT 2000 - SECT 65 Application of industry code provisions Part 4 (Industry codes) applies to a technical code as if it were an industry code, but with the following changes: (a) the approval or determination of a technical code, or any variation of a technical code, is to be done by the Minister; (b) the Minister may act as stated in paragraph (a) only if the Minister has-- (i) consulted ICRC and each utility to which the technical code applies, or would apply; and (ii) had due regard to any representation by ICRC or the utility about the Minister's action; (c) the Minister must make copies of each technical code available for public inspection in accordance with section 63 (Public access). UTILITIES ACT 2000 - SECT 66 Functions of director-general The director-general has the following functions: (a) to monitor and enforce compliance with technical codes; (b) to provide advice to the Minister and ICRC about technical codes, including advice about compliance by utilities with the codes; (c) to report to ICRC, at least annually, about-- (i) the operation of this part; and (ii) the costs incurred by the Territory in relation to the operation of this part. UTILITIES ACT 2000 - SECT 67 Technical inspectors (1) The director-general may appoint a person holding the qualifications mentioned in subsection (2) as a technical inspector. Note 1 For the making of appointments (including acting appointments), see Legislation Act, div 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (2) The director-general may, in writing, determine the qualifications to be held by technical inspectors. (3) A determination under subsection (2) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) A technical inspector must exercise his or her functions under this Act in accordance with the conditions of appointment and any direction given to the inspector by the director-general. UTILITIES ACT 2000 - SECT 68 Identity cards (1) The director-general must give to each technical inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector. (2) A person must, within 7 days after ceasing to be a technical inspector, return the identity card to the director-general. Maximum penalty (subsection (2)): 1 penalty unit. UTILITIES ACT 2000 - SECT 69 Inspectors--functions For this Act, a technical inspector may exercise the functions given to the inspector under part 10 (Enforcement). UTILITIES ACT 2000 - SECT 70 Directions about technical codes (1) This section applies if the director-general is satisfied that a utility has contravened, or is likely to contravene, a technical code. (2) The director-general may give a written direction to the utility to take action stated in the direction to ensure compliance with the code, including action-- (a) to rectify the contravention; and (b) to avoid the likely contravention. (3) The director-general may give the direction only if the director-general-- (a) has given the utility reasonable notice of the proposed direction and the reasons for the direction; and (b) has allowed the utility a reasonable opportunity to make representations to the director-general; and (c) has taken account of any representation; and (d) is satisfied that the direction is appropriate. (4) As soon as practicable after a direction is given, the director-general must prepare a written statement about the direction and the reasons for it. (5) The direction and statement are notifiable instruments. Note A notifiable instrument must be notified under the Legislation Act. UTILITIES ACT 2000 - SECT 71 Contravention of direction (1) A utility must not, without reasonable excuse, contravene a direction under section 70. Maximum penalty: 2 000 penalty units. (2) A utility that, without reasonable excuse, contravenes a direction under section 70 commits a separate offence for each day (after the first day) during any part of which the contravention continues without reasonable excuse. (3) An offence against subsection (2) is punishable, on conviction, by a fine not exceeding 200 penalty units. UTILITIES ACT 2000 - SECT 72 Obtaining information and documents (1) If the director-general is satisfied that a person is capable of providing information or producing a document that the director-general reasonably requires for this part, the director-general may, by written notice given to the person, require the person-- (a) to give the information to the director-general in writing signed by the person or, in the case of a body politic or corporate, by an officer of the body; or (b) to produce the document to the director-general. (2) The notice must state-- (a) the place at which the information or document is to be given or produced to the director-general; and (b) the time at which, or the period within which, the information or document is to be given or produced. (3) If a document is produced in accordance with a requirement under subsection (1), the director-general-- (a) may-- (i) take possession of, and may make a copy of, or take extracts from, the document; and (ii) retain possession of the document for such period as is necessary for the purposes of this part; and (b) must, during that period allow a person who would be entitled to inspect the document, if it was not in the possession of the director-general, to inspect the document at any reasonable time. UTILITIES ACT 2000 - SECT 73 Contravention of requirement under s 72 A person must not, without reasonable excuse, contravene a requirement under section 72. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. UTILITIES ACT 2000 - SECT 74 Self-incrimination etc (1) A person is not excused from providing information or producing a document when required to do so under section 72 on the ground that the information or document might tend to incriminate the person. (2) However-- (a) the provision of the information or document; or (b) any information, document or thing obtained as a direct or indirect consequence of providing the information or document; is not admissible in evidence against the person in criminal proceedings, other than proceedings for-- (c) an offence against this part; or (d) any other offence in relation to the falsity of the information or document. Note 1 A reference to an offence against a Territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189). Note 2 The Legislation Act, s 171 deals with the application of client legal privilege. UTILITIES ACT 2000 - SECT 77 Exercise of rights (1) A right conferred on a person under this division is-- (a) exercisable only in accordance with this division; and (b) subject to-- (i) the requirements and limitations applying to the relevant utility under this Act in relation to the provision of utility services; and (ii) the operation of any industry code or technical code that applies to the service. (2) A right conferred on a person under this division is subject to any negotiated customer contract between the person and the relevant utility in relation to the service concerned. UTILITIES ACT 2000 - SECT 78 Form of application An application mentioned in this division may be made to the relevant utility-- (a) orally or in writing; or (b) if acceptable to the utility--by telephone, fax or other electronic means. UTILITIES ACT 2000 - SECT 79 Electricity connection service (1) An electricity distributor must, on application by a person for any of the following utility services, provide the service in accordance with the utility's standard customer contract: (a) connect the premises to which the application relates to the distributor's network; (b) vary the capacity of the connection between the premises to which the application relates and the distributor's network; (c) if the applicant elects accordingly--allow the connection, or the variation of the capacity of the connection, and the associated work, to be done by another person accredited under the relevant technical code. (2) For subsection (1) (c), work associated with the connection or variation does not include any augmentation, relocation or other alteration of the distributor's network. (3) To avoid any doubt, action taken by an accredited person under subsection (1) (c) does not constitute the provision of a utility service. UTILITIES ACT 2000 - SECT 80 Electricity supply service (1) An electricity supplier must, on application by a person, and in accordance with the supplier's standard customer contract, supply electricity to premises owned or occupied by the person. (2) This section does not apply to the supply of electricity to premises for a non-franchise customer. UTILITIES ACT 2000 - SECT 81 Gas connection service A gas supplier must, on application by a person, and in accordance with the supplier's standard customer contract, request a gas distributor to-- (a) connect the premises to which the application relates to the distributor's network; or (b) vary the capacity of the connection between the premises to which the application relates and the distributor's network. Note The gas distributor to whom the request is made generally must connect the applicant's premises to the distributor's network, or vary the capacity of the connection. See s 31 (Special conditions--gas distribution). UTILITIES ACT 2000 - SECT 82 Gas supply service (1) A gas supplier must, on application by a person, and in accordance with the supplier's standard customer contract, supply gas through a gas distribution network to premises owned or occupied by the person. (2) This section does not apply to the supply of gas to premises for a non-franchise customer. UTILITIES ACT 2000 - SECT 83 Water connection service (1) A water distributor must, on application by a person for any of the following utility services, provide the service in accordance with the distributor's standard customer contract: (a) connect the premises to which the application relates to the distributor's network; (b) vary the capacity of the connection between the premises to which the application relates and the distributor's network; (c) if the applicant elects accordingly--allow the connection, or the variation of the capacity of the connection, and the associated work, to be done by another person accredited under the relevant technical code. (2) For subsection (1) (c), work associated with the connection or variation does not include any augmentation, relocation or other alteration of the distributor's network. (3) To avoid any doubt, action taken by an accredited person under subsection (1) (c) does not constitute the provision of a utility service. UTILITIES ACT 2000 - SECT 84 Water supply service (1) A water supplier must, on application by a person, and in accordance with the supplier's standard customer contract, supply water to premises owned or occupied by the person. (2) This section does not apply to the supply of water to premises for a non-franchise customer. UTILITIES ACT 2000 - SECT 85 Sewerage connection service (1) A sewerage utility must, on application by a person for any of the following utility services, provide the service in accordance with the utility's standard customer contract: (a) connect the premises to which the application relates to the utility's network; (b) vary the capacity of the connection between the premises to which the application relates and the utility's network; (c) if the applicant elects accordingly--allow the connection, or the variation of the capacity of the connection, and the associated work, to be done by another person accredited under the relevant technical code. (2) For subsection (1) (c), work associated with the connection or variation does not include any augmentation, relocation or other alteration of the utility's network. (3) To avoid any doubt, action taken by an accredited person under subsection (1) (c) does not constitute the provision of a utility service. UTILITIES ACT 2000 - SECT 86 Sewerage service A sewerage utility must, on application by a person, and in accordance with the utility's standard customer contract, provide a sewerage service for the premises to which the application relates. UTILITIES ACT 2000 - SECT 87 Terms (1) For this Act, the terms of a standard customer contract for the provision of a utility service by a particular utility are the terms of the contract, as approved or determined from time to time under this division, for the provision of the service by the utility. (2) A standard customer contract-- (a) may apply to 2 or more stated utility services; or (b) may set out different terms for different classes of utility services. UTILITIES ACT 2000 - SECT 88 Draft contracts (1) ICRC must consider a draft standard customer contract submitted by a utility to ICRC for approval. (2) ICRC may give a written direction to a utility to submit to ICRC for consideration a draft standard customer contract for the provision of a utility service. (3) A utility must comply with a direction within the period stated in the direction that ICRC is satisfied is reasonable in the circumstances. UTILITIES ACT 2000 - SECT 89 Approval of terms (1) ICRC may, in writing-- (a) approve; or (b) refuse to approve; the terms of a standard customer contract, a draft of which has been submitted to ICRC in accordance with section 88. (2) ICRC may approve the terms of a standard customer contract only if satisfied that, when in force as a standard customer contract-- (a) the terms would be consistent with-- (i) the conditions of the utility's licence; and (ii) the requirements imposed by or under this Act or a related law, including in particular, the requirements of each industry code and technical code that is applicable; and (b) the charges payable under the contract would be consistent with the relevant price direction by ICRC; and (c) the terms would be fair and reasonable. (3) ICRC must give written notice of a refusal under this section to the utility. (4) A notice of refusal must set out the reasons for the refusal and may-- (a) state any matter that ICRC is satisfied requires further consideration or development; and (b) require the utility to submit a further draft standard customer contract to ICRC for consideration. (5) If subsection (4) (b) applies, the notice must state the period, that ICRC is satisfied is reasonable in the circumstances, within which the further draft standard customer contract is to be submitted. UTILITIES ACT 2000 - SECT 90 Determination of terms (1) ICRC may, in writing, determine the terms of a standard customer contract if-- (a) a utility fails to submit a draft standard customer contract in accordance with a direction under section 88; or (b) a utility fails to submit a further draft standard customer contract in accordance with a requirement under section 89; or (c) ICRC is satisfied that a further draft standard customer contract submitted in accordance with a requirement under section 89 (4) (b) is not appropriate. (2) The determined terms must comply with the requirements of section 89 (2). UTILITIES ACT 2000 - SECT 91 Notification and application of terms etc Each of the following is a notifiable instrument: (a) the terms of a standard customer contract approved under section 89 (Approval of terms) or determined under section 90 (Determination of terms); (b) a variation of a standard customer contract approved or determined under section 93 (Variation of terms). Note A notifiable instrument must be notified under the Legislation Act. UTILITIES ACT 2000 - SECT 92 Creation of standard customer contracts (1) The terms on which a utility may provide a utility service to a person are-- (a) to the extent that the service is provided under a negotiated customer contract--the terms of the contract; or (b) in any other case--the terms of the standard customer contract for the provision of the service by the utility that apply-- (i) when the person applies to the utility for the service on those terms; or (ii) when the service is provided by the utility to the person in the absence of an application by the person. (2) Where subsection (1) (b) applies, the terms of the standard customer contract constitute an enforceable contract between the utility and the person for the provision of the service. (3) A standard customer contract-- (a) has no effect in relation to anything occurring before it comes into operation; and (b) is subject to any variation under section 93; and (c) is unenforceable by the relevant utility to the extent (if any) to which it does not comply with the requirements set out in section 89 (2) (a) and (b). UTILITIES ACT 2000 - SECT 93 Variation of terms (1) ICRC may approve, or determine, a variation of the terms of a standard customer contract and, for that purpose, the other provisions of this division apply to the variation in the same way as they apply to terms for a new standard customer contract. (2) However, ICRC may determine a variation of the terms of a standard customer contract if satisfied that the variation-- (a) would not materially alter the terms; or (b) is necessary or convenient because of an amendment of an Act or a subordinate law. (3) If the terms of a standard customer contract for a utility service provided by a particular utility are varied under this part, each standard customer contract for the provision of the service by the utility is varied accordingly. UTILITIES ACT 2000 - SECT 94 Water supply and sewerage services--owner's liability for payment (1) The owner of land where water is supplied under a standard customer contract is liable for an amount payable by the customer under the contract. (2) The owner of land where sewerage services are provided under a standard customer contract is liable for an amount payable by the customer under the contract. (3) Subsections (1) and (2) do not apply to an amount paid by the customer. (4) Joint owners of land are jointly and severally liable under subsections (1) and (2). (5) The owner's liability under subsection (1) or (2) includes any undischarged liability of a former owner of the land for an amount payable under that subsection. (6) In this section: "owner" means-- (a) for land held in fee simple--the person in whom the fee simple is vested for the time being; or (b) for land held under a lease--the lessee for the time being; or (c) for land occupied under a tenancy granted by the Territory--the tenant for the time being; or (d) for other land occupied by a person with the consent of the Territory--that person. UTILITIES ACT 2000 - SECT 95 Negotiated customer contracts (1) This section applies to a contract, between a utility and a customer, for a utility service on terms other than those of the standard customer contract for the provision of the service by the utility. (2) The contract is unenforceable by the utility to the extent (if any) to which it is inconsistent with-- (a) the conditions of the utility's licence; or (b) the requirements imposed by or under this Act or a related law, including in particular, the requirements of each industry code or technical code that is applicable. (3) Without limiting the operation of subsection (2), the regulations may provide for the core requirements to be ascertained by reference to-- (a) the standard customer contract that would otherwise apply to the provision of the service by the utility; or (b) an industry code or technical code. UTILITIES ACT 2000 - SECT 96 Unauthorised arrangements for utility services An arrangement for the provision of a utility service, other than a standard customer contract or a negotiated customer contract, is unenforceable by the person responsible for the provision of the service unless the person is-- (a) licensed to provide the service; or (b) exempt from the requirement for such a licence. UTILITIES ACT 2000 - SECT 97 Approved meters In this division: "approved meter" means a meter that complies with the relevant technical code. UTILITIES ACT 2000 - SECT 98 Passing on the cost of electricity (1) A person to whom electricity is supplied under a customer contract must not impose a charge for supplying the electricity to premises of another person unless each of the following conditions is satisfied: (a) the quantity supplied to those premises must be measured separately by an approved meter; (b) the rate at which the charge is made does not exceed the maximum rate a utility may charge under a standard customer contract if it were to supply that quantity of electricity directly to those premises of the other person; (c) subject to subsection (3), the person makes no other charge in relation to the supply of the electricity. Maximum penalty: 50 penalty units. (2) Subsection (1) does not apply to-- (a) a utility licensed for the distribution or supply of electricity to the premises of the other person; or (b) a person who is exempt from the requirement for such a licence. (3) A person to whom electricity is supplied under a customer contract must not impose a charge for use of that electricity (whether the charge is separate or incorporated in another charge, for example for services or facilities) unless each of the following conditions is satisfied: (a) the rate at which the charge is made must not exceed the maximum rate a utility may charge under a standard customer contract for the supply of the electricity used; (b) the person makes no other charge in relation to the use of the electricity; (c) if required by the regulations--the usage is metered in accordance with the regulations. Maximum penalty: 50 penalty units. UTILITIES ACT 2000 - SECT 99 Passing on the cost of gas (1) A person to whom gas is supplied under a customer contract must not impose a charge for supplying the gas to premises of another person unless each of the following conditions is satisfied: (a) the quantity supplied to those premises must be measured separately by an approved meter; (b) the rate at which the charge is made must not exceed the maximum rate a utility may charge under a standard customer contract if it were to supply that quantity of gas directly to those premises of the other person; (c) subject to subsection (3), the person makes no other charge in relation to the supply of the gas. Maximum penalty: 50 penalty units. (2) Subsection (1) does not apply to-- (a) a utility licensed for the distribution or supply of gas to the premises of the other person; or (b) a person who is exempt from the requirement for such a licence. (3) A person to whom gas is supplied under a customer contract must not impose a charge for use of that gas (whether the charge is separate or incorporated in another charge, for example for services or facilities) unless each of the following conditions is satisfied: (a) the rate at which the charge is made must not exceed the maximum rate a utility may charge under a standard customer contract for the supply of the gas used; (b) the person makes no other charge in relation to the use of the gas; (c) if required by the regulations--the usage is metered in accordance with the regulations. Maximum penalty: 50 penalty units. UTILITIES ACT 2000 - SECT 100 Passing on the cost of water (1) A person to whom water is supplied under a customer contract must not impose a charge for supplying the water to premises of another person unless each of the following conditions is satisfied: (a) for metered premises-- (i) the quantity supplied to the premises must be measured separately by an approved meter; and (ii) the rate at which the charge is made must not exceed the maximum rate a utility may charge under a standard customer contract if it were to supply that quantity of water directly to those premises of the other person; (b) for unmetered premises--the charge must not exceed the maximum charge determined by ICRC for the supply of water to unmetered premises at or near the premises of the other person; (c) for all premises--subject to subsection (3), the person makes no other charge in relation to the supply of the water. Maximum penalty: 50 penalty units. (2) Subsection (1) does not apply to-- (a) a utility licensed for the distribution or supply of water to the premises of the other person; or (b) a person who is exempt from the requirement for such a licence. (3) A person to whom water is supplied under a customer contract must not impose a charge for use of that water (whether the charge is separate or incorporated in another charge, for example for services or facilities) unless each of the following conditions is satisfied: (a) the rate at which the charge is made must not exceed the maximum rate a utility may charge under a standard customer contract for the supply of the water used; (b) the person makes no other charge in relation to the use of the water; (c) if required by the regulations--the usage is metered in accordance with the regulations. Maximum penalty: 50 penalty units. UTILITIES ACT 2000 - SECT 101 Capital contribution charges--network development (1) A utility may impose a charge (a capital contribution charge) payable by customers for the development or augmentation of its network for the following purposes: (a) making utility services available to parcels of land not already connected to a network; (b) varying the capacity of connections to its network. (2) A capital contribution charge must be in accordance with the relevant industry code. UTILITIES ACT 2000 - SECT 102 Alternative energy--supply utilities not to discriminate (1) If a person uses or supplies alternative energy services, an electricity supplier must not, for that reason only-- (a) refuse to supply electricity to the person; or (b) supply electricity to the person on terms that are less advantageous than the terms of the supplier's standard customer contract. (2) If a person uses or supplies alternative energy services, a gas supplier must not, for that reason only-- (a) refuse to supply gas to the person; or (b) supply gas to the person on terms that are less advantageous than the terms of the supplier's standard customer contract. (3) In this section: "alternative energy services "means-- (a) services relating to energy from alternative sources; or (b) products, processes, designs or services that reduce the demand for energy. UTILITIES ACT 2000 - SECT 103 Definitions for pt 7 In this part: "installation", of a network facility, includes-- (a) the construction or extension of the facility on, over or under any land or water; and (b) the attachment of the facility to any building or other structure; and (c) any activity that is ancillary or incidental to an activity mentioned in paragraph (a) or (b). "network operations "means work carried out by a utility, or an authorised person for a utility, under this part in the exercise of its functions under this Act. UTILITIES ACT 2000 - SECT 104 Acquisition of land (1) A utility may compulsorily acquire land (including an interest in land) for the purpose of exercising its functions under this Act. (2) The acquisition must be in accordance with the Lands Acquisition Act 1994. UTILITIES ACT 2000 - SECT 105 Installation of network facilities (1) For purposes connected with the provision of a utility service, a utility may-- (a) enter and occupy land; and (b) undertake any work on the land that is necessary or desirable for installing a network facility. (2) Under subsection (1) (b), the utility may, for example, undertake any of the following work: (a) make surveys, take samples and examine the soil; (b) construct, install or place any plant, machinery, equipment or goods; (c) fell or lop trees, or clear and remove vegetation; (d) interrupt the provision of utility services by the utility; (e) make cuttings and excavations; (f) level the land or make roads; (g) erect offices, workshops, sheds, other buildings, fences and other structures; (h) demolish, destroy or remove any network facility installed or used by the utility in relation to the provision of a utility service; (i) put a gate or passageway in a fence or wall (except a wall of a building) that prevents or hinders the work of the utility under this section, or remove such a gate or passageway; (j) temporarily divert or stop traffic on a public road or bridge; (k) restore the land, or fences, walls or other structures on the land, affected by the work of the utility and, for that purpose, remove and dispose of soil, vegetation and other material. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) This section does not entitle a utility to act under subsection (1) on land that it does not own unless-- (a) it owns an appropriate interest in the land; or (b) the owner of the land agrees to the undertaking. (4) If subsection (2) (i) applies, the utility must ensure, so far as practicable that the work is carried out in a way that minimises inconvenience and disruption to the passage of people, vehicles and vessels. (5) This section has effect in relation to a tree that is a registered tree under the Tree Protection Act 2005 subject to that Act, part 3 (Protection of trees). Note Under the Tree Protection Act 2005, pt 3 it is an offence to damage a registered tree (or do prohibited groundwork in the tree's protection zone) unless the damage or groundwork is allowed under that Act. Application may be made to the conservator for approval of tree damaging activity or prohibited groundwork (including in urgent circumstances). UTILITIES ACT 2000 - SECT 106 Maintenance of network facilities (1) A utility may, at any time, maintain a network facility and, for that purpose, do anything necessary or desirable, including, for example-- (a) entering and occupying land; and (b) undertaking any work of a kind mentioned in section 105. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) For subsection (1), the maintenance of a network facility includes, for example, the following work: (a) the alteration, removal, repair or replacement of any part of the facility; (b) the provisioning of the facility with material or information (whether in electronic form or otherwise); (c) inspecting or otherwise ensuring the proper functioning of the facility from time to time; (d) action to which a network protection notice relates. (3) This section has effect in relation to a tree that is a registered tree under the Tree Protection Act 2005 subject to that Act, part 3 (Protection of trees). Note Under the Tree Protection Act 2005, pt 3 it is an offence to damage a registered tree (or do prohibited groundwork in the tree's protection zone) unless the damage or groundwork is allowed under that Act. Application may be made to the conservator for approval of tree damaging activity or prohibited groundwork (including in urgent circumstances). UTILITIES ACT 2000 - SECT 107 National land Functions of the kind exercisable by a utility under this part are exercisable in relation to national land only by agreement with the Commonwealth. UTILITIES ACT 2000 - SECT 108 Damage etc to be minimised In carrying out network operations, a utility must take all reasonable steps to ensure that it causes as little inconvenience, detriment and damage as is practicable. UTILITIES ACT 2000 - SECT 109 Notice to land-holder (1) Before a utility begins network operations in relation to public land or private land, it must give the land-holder written notice of the proposed operations. (2) The notice must be given to the land-holder -- (a) at least 7 days before the operations begin; or (b) if the relevant industry code requires a minimum period of notice--in accordance with the code. (3) The notice must, so far as practicable, state the following matters: (a) the purpose of the operations; (b) the nature of the activities involved; (c) the parts of the land likely to be affected; (d) the period or periods during which the activities are expected to be carried out; (e) contain a statement indicating-- (i) the utility's obligation under this part to restore the land; and (ii) the ACAT's power to direct payment by the utility for loss or damage resulting from the operations. (4) The land-holder may waive its right to all or part of the minimum period of notice under subsection (2). (5) Subsection (1) does not apply if the operations are to be carried out in urgent circumstances in which it is necessary to protect-- (a) the integrity of a network or network facility; or (b) the health or safety of people; or (c) public or private property; or (d) the environment. UTILITIES ACT 2000 - SECT 110 Notice about lopping trees etc on private land (1) This section applies to network operations to the extent that they involve-- (a) the felling or lopping of trees on private land; or (b) the trimming of roots of trees or other plants on private land; or (c) the clearing or removal of vegetation on private land. (2) Before a utility begins such operations, it must give the land-holder notice of the proposed operations. (3) The notice-- (a) must be given at least 7 days before the operations begin; and (b) must indicate the trees or vegetation affected and the activity proposed; and (c) may require the land-holder to carry out the activity within a stated period; and (d) if paragraph (c) applies--must contain a statement about the effect of subsection (6); and (e) if the operations relate to other network operations for which notice is required under this division--may be given in or with the notice of the other operations. (4) The land-holder may waive its right to all or part of the minimum period of notice under subsection (3) (a). (5) If subsection (3) (c) applies, the stated period within which the land-holder is required to carry out the activity must run for at least 7 days commencing on the day the notice is given to the land-holder. (6) If the land-holder does not carry out the activity in accordance with a requirement in the notice mentioned in subsection (3) (c)-- (a) the utility may carry out the activity; and (b) the reasonable expenses thus incurred by the utility are a debt due to the utility by the land-holder. (7) Subsection (6) (b) does not apply to a tree or vegetation growing on the land before a network facility was installed on the land. (8) In urgent circumstances in which it is necessary to protect-- (a) the integrity of a network or a network facility; or (b) the health or safety of people; or (c) public or private property; or (d) the environment; subsections (2) and (3) do not apply and the utility may carry out the operations at its own expense. UTILITIES ACT 2000 - SECT 110A Network operations affecting heritage significance (1) If a notice under section 109 or section 110 is about network operations that may affect a place or object registered, or nominated for provisional registration, under the Heritage Act 2004, the utility must also give a copy of the notice to the heritage council at least 7 days before the day operations begin. (2) Subsection (1) does not apply if the operations are to be carried out in urgent circumstances in which it is necessary to protect-- (a) the integrity of a network or network facility; or (b) the health or safety of people; or (c) public or private property; or (d) the environment. UTILITIES ACT 2000 - SECT 111 Notice to other utilities (1) This section applies to network operations by a utility that consist of, or include, an activity that-- (a) affects; or (b) is reasonably likely to affect; a network facility under the care and management of a public utility. (2) Before the utility begins such operations, it must give the public utility written notice of the proposed operations. (3) The notice must-- (a) be given to the public utility at least 7 days before the operations begin; and (b) so far as practicable, state the following matters: (i) the purpose of the operations; (ii) the nature of the activities involved; (iii) the network facility affected; (iv) the period or periods during which the activities are expected to be carried out. (4) The utility must-- (a) make reasonable efforts to enter into an agreement with the public utility about the way the activities would be carried out; and (b) comply with any such agreement. (5) The public utility may waive its right to notice under subsection (2). (6) Subsection (2) does not apply if the operations are to be carried out in urgent circumstances in which it is necessary to protect-- (a) the integrity of a network or a network facility; or (b) the health or safety of people; or (c) public or private property; or (d) the environment. (7) In this section: "network facility" includes-- (a) a telecommunications facility; and (b) a stormwater facility; and (c) a streetlight facility. "public utility "includes-- (a) a utility licensed under this Act; and (b) a carrier or network operator under the Telecommunications Act 1997 (Cwlth); and (c) the entity responsible for the operation of the stormwater network; and (d) the entity responsible for the operation of the streetlight network. "stormwater facility" means any part of the infrastructure of a stormwater network. "streetlight facility" means any part of the infrastructure of a streetlight network. "telecommunications facility "means a facility under the Telecommunications Act 1997 (Cwlth). UTILITIES ACT 2000 - SECT 112 Removal of utility's property and waste (1) A utility that undertakes an activity as network operations on land for which it is not the land-holder must, as soon as practicable, remove from the land-- (a) all-- (i) items of plant, machinery, equipment and other goods; and (ii) offices, workshops, sheds and other buildings; and (iii) roads and tracks; that the utility constructed, installed or placed on the land and that do not form part of, or are not to be used in the operation of, the network facility to which the activity related; and (b) all spoil, waste and rubbish and cleared vegetation resulting from the activity. (2) The obligation in subsection (1) is subject to any agreement to the contrary between the utility and the land-holder. UTILITIES ACT 2000 - SECT 113 Land to be restored (1) A utility that carries out network operations on land for which it is not the land-holder must take all reasonable steps to ensure that the land is restored as soon as practicable to a condition that is similar to its condition before the operations began. (2) Subsection (1) does not require the restoration of land to a condition that would involve-- (a) an interference with-- (i) a network or network facility; or (ii) a territory network or territory network facility; or (b) a contravention of a territory law. (3) The obligation in subsection (1) is subject to any agreement to the contrary between the utility and the land-holder. UTILITIES ACT 2000 - SECT 114 Appointment (1) A utility may appoint a person as an authorised person for the utility for this Act. Note 1 For the making of appointments (including acting appointments), see Legislation Act, div 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (2) An authorised person must exercise his or her functions under this Act in accordance with the conditions of appointment and any direction given to the person by the utility. UTILITIES ACT 2000 - SECT 115 Identity cards (1) A utility must give each of its authorised people an identity card that specifies the person's name and appointment as an authorised person for the utility, and on which appears a recent photograph of the person. (2) A person must, within 7 days after ceasing to be an authorised person, return the identity card to the utility. Maximum penalty (subsection (2)): 1 penalty unit. UTILITIES ACT 2000 - SECT 116 Entry to premises--network operations (1) Where a utility is entitled under this part to undertake network operations affecting particular premises, an authorised person for the utility may-- (a) enter the premises, with such people, vehicles and things as are reasonable and necessary for the operations; and (b) carry out the activities necessary for those operations. (2) The authorised person may not remain on the premises if, on request by the land-holder or person apparently in charge of the premises, the authorised person does not produce his or her identity card. (3) The authorised person may enter and remain on the premises under this section with such assistance as is necessary and reasonable. UTILITIES ACT 2000 - SECT 117 Entry to premises--inspection of meters etc (1) An authorised person for a utility may enter and remain on any premises to which the utility provides, or is to provide, a utility service-- (a) to read, or check the accuracy of, a meter for recording the provision of the service to the premises; or (b) to check work associated with the connection of premises to the utility's network that is performed by a person accredited under the relevant technical code; or (c) to check the operation of a connection between the premises and the utility's network, or install, repair, remove or replace such a connection; or (d) for a purpose related to the connection of the premises to the utility's network, or its withdrawal. (2) The authorised person may not remain on the premises if, on request by the land-holder or person apparently in charge of the premises, the authorised person does not produce his or her identity card. (3) The authorised person may enter and remain on the premises under this section-- (a) at any reasonable time; and (b) with such assistance as is necessary and reasonable. UTILITIES ACT 2000 - SECT 119 Order to enforce exercise of functions (1) If-- (a) an authorised person is entitled to exercise a function under this part in relation to premises; and (b) another person obstructs, or proposes to obstruct, the authorised person in the exercise of the function; the Magistrates Court may, on the application of the authorised person, make an order authorising a police officer or other person named in the order to use such assistance and force as are reasonably necessary to enable the function to be exercised. (2) A copy of an application under subsection (1) must be given to the obstructor, and the obstructor is entitled to appear and be heard on the hearing of the application. UTILITIES ACT 2000 - SECT 120 Ownership of network facilities (1) The owner or occupier of land to which a network facility is affixed has no proprietary interest in the facility only because it is affixed to the land. (2) A network facility of a utility is not to be taken in execution of a judgment against a person other than the utility under any process of a court. UTILITIES ACT 2000 - SECT 121 Clarifying ownership of certain network facilities (1) The purpose of this section is to remove uncertainty about the ownership of network facilities that-- (a) are used, or for use, by a utility or a subsidiary of the utility in providing a utility service; and (b) are treated by the Territory and the utility or subsidiary as being owned by the utility or subsidiary; and (c) are affixed to land owned or occupied by a person other than the utility or subsidiary. (2) The Minister may, in writing, declare that this section applies to network facilities. Note Power given under an Act to make a statutory instrument includes power to make different provision for different categories, eg declarations in relation to different classes of network facilities or that apply by reference to stated exceptions (see Legislation Act, s 48). (3) A declaration must include sufficient particulars to identify the facilities to which the declaration applies. (4) A declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. UTILITIES ACT 2000 - SECT 122 Effect of declaration under s 121 (1) On the day a declaration under section 121 takes effect in relation to a network facility, the facility, by force of this section-- (a) is severed from the land and remains severed; and (b) vests in the person in whom the declaration states that the facility vests, without any conveyance, transfer or assignment. (2) A facility severed under subsection (1) ceases for all purposes to be a fixture. (3) A person in whom a facility is vested has, by force of this section, the following rights in relation to the facility; (a) to have the facility (including any lines, pipes, equipment and any other thing ancillary to any other part of the facility) remain on, under or over the land for the provision of utility services; (b) for that purpose, to use, or continue to use, the facility; (c) to enter and occupy land on, above or under which the facility is located, and to undertake work on that land, for the purpose of maintaining the facility. (4) To ensure the proper provision of utility services, the Minister may, in writing, determine conditions for the exercise of a right given by subsection (3) (c). (5) The right is exercisable only in accordance with the determined conditions. (6) A determination under subsection (4) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (7) A declaration under section 121 has no effect to the extent that it would vest a facility in a person if the facility had not been used, or for use, by the person in providing a utility service before the declaration. UTILITIES ACT 2000 - SECT 123 Meaning of interference In this part: "interference", with a network or network facility, includes an action that-- (a) interferes with the safe or efficient operation of the network or facility; or (b) inhibits or obstructs lawful access to the network or facility; or is likely to have that effect. UTILITIES ACT 2000 - SECT 124 Interference with networks (1) A person must not interfere with a network, or a network facility, unless authorised to do so by a responsible utility. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) In a prosecution for an offence against subsection (1), for the purpose of establishing whether an action interfered with a network or a network facility-- (a) it is sufficient to prove that, when the action occurred, there were reasonable grounds for believing it was likely to interfere with the network or facility; and (b) the offence may be found to be proved even if, at that time, the defendant did not believe the action would be likely to interfere with the network or facility. UTILITIES ACT 2000 - SECT 125 Network protection notices (1) This section applies if a responsible utility is satisfied that a structure or activity on, under or over land or water interferes, or is reasonably likely to interfere, with the network or a network facility. (2) The utility may give the land-holder written notice to take whatever action is necessary to stop the interference with the network or facility, or to remove the likelihood of that interference. (3) The notice must-- (a) indicate the structure or activity; and (b) require the land-holder to take stated action to stop the interference, or remove the likelihood of the interference, within a stated period; and (c) contain a statement about the effect of subsection (5). (4) The stated period must be no less than 14 days starting on the date the notice is given to the land-holder. (5) If the land-holder does not comply with the notice-- (a) the utility may do whatever is necessary to stop the interference or remove the likelihood of the interference; and (b) the reasonable expenses thus incurred by the utility are a debt due to the utility by the land-holder. (6) Subsection (5) (b) does not apply to a structure that was, or an activity that commenced, on, under or over the land before the installation of the network or facility to which the interference relates. (7) In urgent circumstances, subsection (2) does not apply and the utility may do whatever is necessary to stop the interference or to remove the likelihood of the interference-- (a) without notice to the land-holder; and (b) at the expense of the utility. (8) If-- (a) a utility acts under this section in relation to a structure that was, or an activity that commenced, on, under or over the land before the installation of the network or facility to which the interference relates; and (b) a person suffers loss or damage because of the utility's action; the amount of the loss or damage is a debt due to the person by the utility. (9) This section has effect in relation to a tree that is a registered tree under the Tree Protection Act 2005 subject to that Act, part 3 (Protection of trees). Note Under the Tree Protection Act 2005, pt 3 it is an offence to damage a registered tree (or do prohibited groundwork in the tree's protection zone) unless the damage or groundwork is allowed under that Act. Application may be made to the conservator for approval of tree damaging activity or prohibited groundwork (including in urgent circumstances). (10) In subsection (7): "urgent circumstances "means circumstances in which it is necessary to protect-- (a) the integrity of the network or facility; or (b) the health or safety of people; or (c) public or private property; or (d) the environment. UTILITIES ACT 2000 - SECT 125A Network protection action affecting heritage significance (1) If a notice under section 125 is about action that may affect a place or object registered, or nominated for provisional registration, under the Heritage Act 2004, the utility must also give a copy of the notice to the heritage council as soon as is practicable. (2) If a utility acts in urgent circumstances as mentioned in section 125 (7), it must give the heritage council written notice of the action as soon as is practicable. UTILITIES ACT 2000 - SECT 126 Contamination of water (1) A person must not contaminate water in a water network unless authorised to do so by the responsible utility. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) In a prosecution for an offence against subsection (1), for the purpose of establishing whether an action contaminated water-- (a) it is sufficient to prove that, when the action occurred, there were reasonable grounds for believing it was likely to contaminate the water; and (b) the offence may be found to be proved even if, at that time, the defendant did not believe it would be likely to contaminate the water. UTILITIES ACT 2000 - SECT 127 Prohibited substances--water or sewerage network (1) A person must not introduce, or allow to be introduced, into a water network or sewerage network any substance which is likely to interfere with the network or a network facility, or form compounds that would be likely to do so, unless authorised to do so by a responsible utility. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) In a prosecution for an offence against subsection (1), for the purpose of establishing whether a substance was likely to interfere with a network or facility (or to form compounds that would be likely to do so)-- (a) it is sufficient to prove that, when the action occurred, there were reasonable grounds for believing it was likely to interfere with the network or facility (or form compounds likely to do so); and (b) the offence may be found to be proved even if, at that time, the defendant did not believe the action would be likely to have that effect. UTILITIES ACT 2000 - SECT 128 Exempt water treatments (1) Sections 126 and 127 do not apply to the addition by the responsible utility to a water network of-- (a) a chemical for the purpose of clarifying, purifying or otherwise treating the water in that network at a concentration that would not be injurious to public health; or (b) fluoride at a concentration not exceeding 1.0mg/L. (2) For subsection (1) (b), a concentration that-- (a) would result in an average concentration of 1.0mg/L during a period of 24 hours; and (b) does not exceed 1.2mg/L; is taken to be a concentration of 1.0mg/L. UTILITIES ACT 2000 - SECT 129 Unauthorised network connections A person, other than the responsible utility, must not connect premises to a network unless accredited under the relevant technical code to do so. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. UTILITIES ACT 2000 - SECT 130 Unauthorised abstraction etc of electricity A person must not abstract, divert or use electricity from an electricity network except in accordance with-- (a) the authority of the responsible utility; or (b) a customer contract. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. UTILITIES ACT 2000 - SECT 131 Unauthorised abstraction etc of gas A person must not abstract, divert or use gas from a gas network except in accordance with-- (a) the authority of the responsible utility; or (b) a customer contract. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. UTILITIES ACT 2000 - SECT 132 Unauthorised abstraction etc of water A person must not abstract, divert or use water from a water network except in accordance with-- (a) the authority of the responsible utility; or (b) a customer contract. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. UTILITIES ACT 2000 - SECT 133 Extended meaning of network (1) In sections 130, 131 and 132: "network" includes related infrastructure between the network boundary and a customer meter. (2) In this section: "customer meter", in relation to the supply of electricity, gas or water, means a meter used to measure the supply to a customer's premises. UTILITIES ACT 2000 - SECT 134 Extended meaning of utility In this part: "utility" includes a former utility. UTILITIES ACT 2000 - SECT 135 Appointment of controller (1) This section applies if the Minister is satisfied-- (a) that-- (i) a contravention by a utility of a licence condition threatens the provision of the utility's service to customers; and (ii) other remedies are inadequate to ensure compliance with the licence condition; or (b) that, following the expiry or cessation of a licence, the provision of utility services to customers is threatened. (2) In either case, the Minister may, after consulting ICRC, appoint a controller for all or part of the operations of the responsible utility. Note 1 For the making of appointments (including acting appointments), see Legislation Act, div 19.3. Note 2 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (3) The controller has the functions stated in the instrument of appointment. (4) A controller holds the position on the conditions stated in the instrument of appointment. (5) The Minister may revoke an appointment by written notice given to the person. Note A person's appointment also ends if the person resigns (see Legislation Act, s 210). UTILITIES ACT 2000 - SECT 136 Controller's functions (1) A controller must, so far as practicable, ensure the provision or continued provision of the utility service to which the appointment relates. (2) For that purpose, the controller may-- (a) take control of the relevant operations of the utility; and (b) take control of the activities of an associate of the utility so far as they relate to the provision of the relevant utility services; and (c) have access to a network facility or other premises of the responsible utility or an associate, so far as is reasonable and necessary; and (d) give a written direction to a person to take stated action. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). UTILITIES ACT 2000 - SECT 137 Utility to cooperate (1) The responsible utility must facilitate the taking of action by the controller and, in particular must comply with any direction by the controller. (2) A utility is not to be taken to contravene a requirement under this Act or any other Act by complying with a direction of the controller. UTILITIES ACT 2000 - SECT 138 Reports to Minister The controller must furnish to the Minister such information relating to the controller's functions as the Minister requires. UTILITIES ACT 2000 - SECT 139 Ministerial directions (1) The Minister may give written directions to the controller in relation to the exercise of the controller's functions, either generally or in relation to a particular matter. (2) The controller must give effect to any such direction. UTILITIES ACT 2000 - SECT 140 Contravention of controller's direction A person must not, without reasonable excuse, contravene a direction given by the controller in the performance of functions under this part. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. UTILITIES ACT 2000 - SECT 142 Immunity from personal liability (1) No personal liability attaches to a person who is, or has been, a controller for any act or omission in good faith in the exercise, or purported exercise, of a function under this Act. (2) Subsection (1) does not affect any liability that the Territory would have, but for the operation of subsection (1), in relation to the act or omission. UTILITIES ACT 2000 - SECT 143 Right to compensation (1) Subject to this section, a person who suffers loss because of an act or omission of a controller is entitled to be paid reasonable compensation by the Territory in relation to the loss. (2) Compensation is not payable to a person in relation to a loss to the extent-- (a) of any amount recovered or recoverable by the person under a policy of insurance; or (b) that the conduct of the person contributed to the loss. (3) Compensation is not payable to a person in relation to a loss if the loss would have arisen despite the act or omission of the controller. UTILITIES ACT 2000 - SECT 144 Claims A claim for compensation must-- (a) be in writing; and (b) set out particulars of the claimant's loss, the amount of compensation claimed and the grounds for the claim of that amount; and (c) be lodged with the director-general. UTILITIES ACT 2000 - SECT 145 Acceptance or rejection of claim (1) Where the Minister is satisfied that a claimant is entitled to compensation under section 143, the Minister must accept the claim by giving written notice of acceptance to the claimant setting out-- (a) an offer to the claimant of the amount of compensation to which the Minister considers the claimant is entitled; and (b) an explanation of how that amount was assessed. (2) Where the Minister is satisfied that a claimant is not entitled to compensation under section 143, the Minister must reject the claim by giving written notice of rejection to the claimant setting out the reasons for the rejection. UTILITIES ACT 2000 - SECT 146 Acceptance or rejection of compensation offer A claimant to whom an offer has been made under section 145 may-- (a) accept the offer; or (b) reject the offer; by giving written notice to that effect to the director-general. UTILITIES ACT 2000 - SECT 147 Payment Where a claimant accepts an offer of an amount of compensation, the Territory must pay the amount to the claimant. UTILITIES ACT 2000 - SECT 148 Role of court If the Territory and the person to whom compensation is payable under section 143 do not agree on the amount of compensation, the person may, in a court of competent jurisdiction, recover from the Territory such reasonable compensation as the court determines. UTILITIES ACT 2000 - SECT 149 Recovery of compensation If-- (a) a controller is appointed because of a contravention by a utility of a licence condition; and (b) a person suffers loss because of an act or omission of the controller; and (c) the controller's act or omission was in good faith in the exercise or purported exercise of a function under this part; the amount of compensation payable under this part for the loss is a debt due to the Territory by the utility. UTILITIES ACT 2000 - SECT 149A Definitions for pt 9A "essential service" means electricity, gas or water. "essential service restriction" means a restriction or other regulation prescribed by regulation in relation to the use of an essential service. UTILITIES ACT 2000 - SECT 149B Restriction of utility service A regulation may make provision in relation to a shortage, or possible shortage, in the amount of an essential service needed for the community, including provision regulating the use of an essential service by consumers. UTILITIES ACT 2000 - SECT 149C Powers in relation to premises (1) This section applies if an authorised person believes, on reasonable grounds, that an essential service is being used, or has just been used, at premises in contravention of an essential service restriction. (2) For this Act, the authorised person may, at any reasonable time-- (a) enter and inspect the premises and anything at the premises; and (b) take action prescribed by regulation in relation to a contravention of the essential service restriction. (3) However, subsection (2) (a) does not authorise entry into a part of premises that is being used only for residential purposes. (4) To remove any doubt, an authorised person may enter premises under subsection (2) (a) without payment of an entry fee or other charge. UTILITIES ACT 2000 - SECT 149D Production of identity card An authorised person must not remain on premises entered under this part if, when asked by the occupier, the authorised person does not produce the authorised person's identity card for inspection by the occupier. UTILITIES ACT 2000 - SECT 150 Definitions for pt 10 In this part: "connected"--a thing is connected with a particular offence if-- (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, is being used, or is intended to be used, to commit the offence. "occupier", of premises, includes-- (a) a person believed on reasonable grounds to be an occupier of the premises; and (b) a person apparently in charge of the premises. "offence "includes an offence that there are reasonable grounds for believing has been, is being, or will be committed. UTILITIES ACT 2000 - SECT 152 Appointment (1) ICRC may appoint a person as an ICRC inspector for this Act. Note 1 For the making of appointments (including acting appointments), see Legislation Act, div 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (2) An ICRC inspector must exercise his or her functions under this Act in accordance with the conditions of appointment and any direction given to the inspector by ICRC. (3) A person must not be appointed under subsection (1) unless-- (a) the person is an Australian citizen or a permanent resident of Australia; and (b) the director-general has certified in writing that, after appropriate inquiry, the director-general is satisfied that the person is a suitable person to be appointed, having regard in particular to-- (i) whether the person has any criminal convictions; and (ii) the person's employment record; and (c) the director-general has certified in writing that the director-general is satisfied that the person-- (i) has satisfactorily completed adequate training; and (ii) is competent; to exercise the functions of an inspector proposed to be given to the person. UTILITIES ACT 2000 - SECT 153 Identity cards (1) ICRC must give each of its inspectors an identity card that specifies the inspector's name and appointment as an ICRC inspector, and on which appears a recent photograph of the person. (2) A person must, within 7 days after ceasing to be an ICRC inspector, return the identity card to ICRC. Maximum penalty (contravention of subsection (2)): 1 penalty unit. UTILITIES ACT 2000 - SECT 154 Power to enter premises (1) An ICRC inspector may, for the purpose of ICRC's functions under this Act-- (a) enter any premises at any time with the consent of the occupier; or (b) enter premises occupied by a utility at any time the premises are being used; or (c) at any reasonable time, enter premises to which a utility service is provided (other than a part used for residential purposes); or (d) enter premises in accordance with a warrant under section 157. (2) An ICRC inspector may, without the occupier's consent or a warrant, enter the land around premises to ask the occupier for consent to enter the premises. UTILITIES ACT 2000 - SECT 155 Production of identity card An ICRC inspector may not remain on premises entered under this division if, on request by the occupier, the inspector does not produce his or her identity card. UTILITIES ACT 2000 - SECT 156 Consent to entry (1) When seeking the consent of an occupier for entering premises under this division, an ICRC inspector must-- (a) produce his or her identity card; and (b) tell the occupier-- (i) the purpose of the entry; and (ii) that anything found and seized may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment-- (a) that the occupier was told-- (i) the purpose of the entry; and (ii) that anything found and seized may be used in evidence in court; and (iii) that consent could be refused; and (b) that the occupier consented to the entry; and (c) the time, and day, when consent was given. (3) If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier. (4) Unless the contrary is proven, a court must presume that an occupier of premises did not consent to an entry to the premises by an ICRC inspector under this division if-- (a) the question whether the occupier consented to the entry arises in proceedings in the court; and (b) an acknowledgment under this section is not produced in evidence for the entry or exercise of power; and (c) it is not proved that the occupier consented to the entry. UTILITIES ACT 2000 - SECT 157 Warrants (1) An ICRC inspector may apply to a magistrate for a warrant to enter premises. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. (4) The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting-- (a) there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act or a related law; and (b) the evidence is, or may be within the next 14 days, at the premises. (5) The warrant must state-- (a) that an ICRC inspector may, with necessary help and force, enter the premises and exercise the inspector's powers under this division; and (b) the offence for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours when the premises may be entered; and (e) the date, within 14 days after the warrant's issue, the warrant ends. UTILITIES ACT 2000 - SECT 158 Warrants--application made other than in person (1) An ICRC inspector may apply for a warrant by phone, fax, radio or other form of communication if the inspector considers it necessary because of-- (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (3) The inspector may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately fax a copy to the inspector if it is reasonably practicable to do so. (5) If it is not reasonably practicable to fax a copy to the inspector-- (a) the magistrate must-- (i) tell the inspector what the terms of the warrant are; and (ii) tell the inspector the date and time the warrant was issued; and (b) the inspector must complete a form of warrant (warrant form) and write on it-- (i) the magistrate's name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant's terms. (6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate. (7) The inspector must, at the first reasonable opportunity, send the magistrate-- (a) the sworn application; and (b) if the inspector completed a warrant form--the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) Unless the contrary is proven, a court must presume that a power exercised by an ICRC inspector was not authorised by a warrant under this section if-- (a) the question arises in a proceeding before the court whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence. UTILITIES ACT 2000 - SECT 159 Powers on entry to premises (1) An ICRC inspector who enters premises under this division may, for the purpose of ICRC's functions under this Act-- (a) inspect, measure, photograph or film the premises or anything on the premises; or (b) copy a document on the premises; or (c) test or take samples of or from anything on the premises; or (d) take into the premises any people, equipment or material the inspector reasonably needs for exercising a power under this division; or (e) require the occupier, or a person on the premises to give the inspector reasonable help to exercise a power under this division. (2) A person must not, without reasonable excuse, contravene a requirement under subsection (1) (e). Maximum penalty (subsection (2)): 50 penalty units. UTILITIES ACT 2000 - SECT 160 Power to seize evidence (1) An ICRC inspector who enters premises with a warrant under this division may seize the evidence for which the warrant was issued. (2) An ICRC inspector who enters premises under this division with the consent of the occupier may seize a thing on the premises if-- (a) the inspector is satisfied the thing is connected with an offence against this Act or a related law; and (b) seizure of the thing is consistent with the purpose of the entry as told to the occupier in seeking the occupier's consent. (3) An ICRC inspector may also seize another thing on the premises if the inspector is satisfied-- (a) the thing is connected with an offence against this Act or a related law; and (b) the seizure is necessary to prevent the thing being-- (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. (4) Having seized a thing, an ICRC inspector may-- (a) remove the thing from the premises where it was seized (the place of seizure) to another place; or (b) leave the thing at the place of seizure but restrict access to it. (5) A person must not, without ICRC's approval, interfere with a thing to which access has been restricted under subsection (4). Maximum penalty (subsection (5)): 50 penalty units, imprisonment for 6 months or both. UTILITIES ACT 2000 - SECT 161 Receipt for things seized (1) As soon as practicable after a thing is seized by an ICRC inspector under this division, the inspector must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the ICRC inspector must leave the receipt at the place of seizure in a reasonably secure way and in a conspicuous position. UTILITIES ACT 2000 - SECT 162 Access to things seized A person who would, but for the seizure, be entitled to a thing seized under this division may-- (a) inspect it; and (b) if it is a document--take extracts from it or make copies of it. UTILITIES ACT 2000 - SECT 163 Return of things seized (1) A thing seized under this division must be returned to its owner, or reasonable compensation must be paid to the owner by ICRC for the loss of the thing, if-- (a) a prosecution for a offence relating to the thing is not instituted within 90 days of the seizure; or (b) the court does not find the offence proved in a prosecution for an offence relating to the thing. (2) A thing seized under this division is forfeited to ICRC if a court-- (a) finds an offence relating to the thing to be proved; and (b) orders the forfeiture. (3) If subsection (2) (a) applies, but a court does not order forfeiture of the thing seized, ICRC must return the thing to its owner or pay reasonable compensation to the owner in relation to the loss of the thing. UTILITIES ACT 2000 - SECT 164 Powers to enter and inspect premises For part 5 (Technical regulation), a technical inspector has all the powers of an ICRC inspector under division 10.2, and, for that purpose, division 10.2 applies but with the following changes: (a) a reference to functions of an ICRC inspector are to be read as a reference to functions of a technical inspector for the purposes of part 5; (b) in relation to an offence, it applies only in relation to an offence concerning a contravention of-- (i) a technical code; or (ii) a direction by the director-general under part 5 about a technical code; or (iii) a written requirement by the director-general under part 5 for the provision of information or a document for that part; or (c) a provision requiring ICRC to return a thing seized under division 10.2 or pay compensation in relation to the loss of the thing is to be read as applying to the Territory in relation to a thing seized under this division. UTILITIES ACT 2000 - SECT 165 Powers to enter and inspect premises For part 8, an authorised person for a utility has all the powers of an ICRC inspector under division 10.2 and, for that purpose, division 10.2 applies but with the following changes: (a) a reference to functions of an ICRC inspector are to be read as a reference to functions of an authorised person in relation to part 8; (b) it applies only in relation to an offence against part 8; (c) a provision requiring ICRC to return a thing seized under division 10.2 or pay compensation in relation to the loss of the thing is to be read as applying to the utility in relation to a thing seized under this division. UTILITIES ACT 2000 - SECT 166 Self-incrimination etc (1) A person is not excused from providing information, producing a document or answering a question when required to do so under this part on the ground that the information, document or answer might tend to incriminate the person. (2) However-- (a) the provision of the information, document or answer; or (b) any information, document or thing obtained as a direct or indirect consequence of providing the information, document or answer; is not admissible in evidence against the person in criminal proceedings, other than proceedings for-- (c) an offence to which this part applies; or (d) any other offence in relation to the falsity of the information, document or answer. Note 1 A reference to an offence against a Territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189). Note 2 The Legislation Act, s 171 deals with the application of client legal privilege. UTILITIES ACT 2000 - SECT 167 Proceedings in Magistrates Court--amounts over $10 000 (1) This section applies to a proceeding in relation to-- (a) the recovery of a customer debt that is more than $10 000; or (b) any other cause of action against a customer for more than $10 000 in relation to which an application to ACAT may be made under part 12 (Complaints to ACAT about utilities). (2) A utility may not begin a proceeding to which this section applies against the customer in the Magistrates Court unless the utility has given the customer written notice of its intention to do so. (3) The notice-- (a) must be given at least 7 days before the day the proceeding is begun; and (b) must include a statement about-- (i) the customer's rights to make an application in relation to a complaint to the ACAT under part 12; and (ii) the effect of the Magistrates Court Act 1930, section 266 (Complaints under Utilities Act, pt 12). (4) In this section: "customer debt"--see section 169. UTILITIES ACT 2000 - SECT 168 Civil dispute applications to ACAT (1) This section applies in relation to-- (a) the recovery of a customer debt; or (b) any other cause of action against a customer in relation to which an application to ACAT may be made under part 12 (Complaints to ACAT about utilities). (2) A utility may not make an application to the ACAT under the ACT Civil and Administrative Tribunal Act 2008, part 4 (Civil disputes) in relation to the debt or cause of action unless the utility has given the customer written notice of its intention to do so. (3) The notice-- (a) must be given at least 7 days before the day the application is made; and (b) must include a statement about the customer's rights to make an application in relation to a complaint to the ACAT under part 12. (4) In this section: "customer debt"--see section 169. UTILITIES ACT 2000 - SECT 169 Definitions--pt 12 In this part: "complainant"--see section 172. "complaint"--see section 172. "customer debt "means an amount payable by a customer to a utility in relation to the provision of a utility service to premises for the customer. "registrar "means the registrar of the ACAT. "respondent", in relation to a complaint, means the utility the subject of the complaint. "utility", in relation to an act or omission, includes a person who was licensed at the time of the act or omission. "withdrawal", of a utility service, includes the reduction or termination of the service, whether by disconnection from a network or otherwise. UTILITIES ACT 2000 - SECT 170 Application--pt 12 This part does not apply to a complaint by a utility. UTILITIES ACT 2000 - SECT 171 Principles--pt 12 In exercising its functions under this part, the ACAT must consider the following principles: (a) that utility services should continue to be provided to complainants suffering financial hardship; (b) that the rights of complainants under the Act should be protected. UTILITIES ACT 2000 - SECT 172 ACAT applications A person (the complainant) mentioned in table 172, column 2 may apply to the ACAT in relation to a matter (the complaint) mentioned in column 3 in relation to the complainant. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. Table 172 ACAT applications column 1 item column 2 complainant column 3 complaint 1 consumer affected by contravention contravention of a customer contract by a utility 2 consumer a utility fails to provide a utility service to consumer or withdraws a utility service from consumer, and failure or withdrawal causes substantial hardship, or is likely to cause substantial hardship, to consumer 3 person affected by contravention contravention of s 51 (Protection of personal information) by a utility 4 person affected by contravention contravention by a utility of an obligation under this Act in relation to its network operations 5 person affected by act or omission act or omission of an authorised person for a utility in relation to network operations 6 person on whom charge imposed capital contribution charge imposed under s 101 UTILITIES ACT 2000 - SECT 173 Help with applications about failure to provide, or withdrawal of, utility services (1) This section applies if-- (a) the registrar considers that a person making an application, or considering making an application, needs help with the application; and (b) the application is in relation to the failure to provide a utility service to the person or the withdrawal of a utility service from the person. (2) The registrar must ask the person whether the person wants the registrar to put the application in writing for the person. (3) If the person wants the registrar to put the application in writing, the registrar must do so. (4) This section is in addition to the ACT Civil and Administrative Tribunal Act 2008, section 13 (Help with applications etc). UTILITIES ACT 2000 - SECT 174 Advising Minister etc about systemic problems (1) This section applies if it appears to the ACAT that applications under this part to the ACAT indicate a systemic problem in relation to-- (a) the operation of this part; or (b) other matters that come to the ACAT's attention in the course of exercising its functions under this part. (2) The ACAT must tell the following about the problem: (a) each Minister responsible for administering the Act; (b) the ICRC. (3) This section is in addition to the ACT Civil and Administrative Tribunal Act 2008, section 14 (Advising Attorney-General about systemic problems). UTILITIES ACT 2000 - SECT 175 Preliminary inquiries--registrar If a person makes a complaint, the registrar may make inquiries of the person, respondent or anyone else to decide-- (a) whether this part applies to the matter complained of; and (b) if so, whether the ACAT should consider the matter. UTILITIES ACT 2000 - SECT 176 Dismissal of complaints about utilities (1) The ACAT may dismiss a complaint about a utility if satisfied that-- (a) this part does not apply to the matter complained of; or (b) the complaint has been withdrawn or abandoned (for example, because the complainant fails to proceed with the complaint within a reasonable time); or Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (c) the complaint relates to a matter, or the last of a series of matters, that happened more than 1 year before the day the complaint was made; or (d) if the registrar makes an inquiry under section 175 of the person making the complaint--the person has not responded to the inquiry; or (e) the complainant has not made reasonable efforts to resolve the matter complained of with the utility, particularly in accordance with the utility's complaint handling procedures; or (f) the matter complained of has already been dealt with adequately by the ACAT or otherwise; or (g) a remedy more appropriate than action under this part is readily available to the complainant; or (h) it is otherwise appropriate to do so. Note The ACAT may dismiss an application if it is frivolous or vexatious (see ACT Civil and Administrative Tribunal Act 2008, s 32). (2) If the ACAT dismisses a complaint, it must give each party written notice of the dismissal, setting out its reasons for the dismissal. UTILITIES ACT 2000 - SECT 177 Complainant's records (1) This section applies if a complainant makes a complaint about a utility. (2) The utility must give the ACAT the utility's records, or access to the records, in relation to the complainant. (3) The complainant is taken to consent to the disclosure of the records to the ACAT. Note See s 51 (Protection of personal information). UTILITIES ACT 2000 - SECT 178 ACAT decisions (1) This section applies if the ACAT is satisfied, in relation to a complainant, that-- (a) the respondent has-- (i) contravened a customer contract; or (ii) contravened section 51 (Protection of personal information); or (iii) contravened an obligation under this Act in relation to its network operations; or (b) the respondent has caused, or would cause, substantial hardship by failing to provide, or withdrawing, a utility service; or (c) an authorised person for the respondent has acted improperly in relation to network operations; or (d) a capital contribution charge, of an amount of not more than $10 000, imposed by the respondent is excessive. (2) Without limiting the orders the ACAT may make, the ACAT may-- (a) for a complaint that a capital contribution charge is excessive--give a direction under section 182 (Reviewable capital contribution charges); or (b) in any other case-- (i) give the written directions to the respondent that it considers necessary requiring the respondent to remedy the matter mentioned in subsection (1); or (ii) give another direction under this division; or (iii) make a declaration under this division. (3) A respondent must comply with a direction given to it under this division. UTILITIES ACT 2000 - SECT 179 Continuity of utility services--nonpayment of customer debt (1) This section applies to a complaint about the actual or potential withdrawal of a utility service because of a failure to pay a customer debt in relation to residential premises. (2) If the ACAT is satisfied that the withdrawal of the utility services causes, or would cause, substantial hardship for a consumer, the ACAT may give the respondent a written direction-- (a) not to withdraw the service; or (b) if the service has been withdrawn--to restore the service as soon as practicable and, in any event, within 24 hours after the direction is given to the respondent. (3) A direction may contain ancillary directions, for example, that the service not be withdrawn-- (a) during a stated period; or (b) unless the consumer fails to comply with a stated condition. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). UTILITIES ACT 2000 - SECT 180 Discharge of customer debt (1) If the ACAT is satisfied that payment of a customer debt in relation to residential premises would cause substantial hardship for the customer, the ACAT may, in writing, declare that the debt is discharged in whole or to a stated extent. (2) The declaration may provide that the discharge is conditional on payment by the customer of a stated amount or amounts in accordance with the declaration. (3) A declaration has effect for all purposes according to its terms. (4) The amount of the debt discharged by a declaration may not be more than-- (a) $10 000; or (b) if another amount is prescribed by regulation--the prescribed amount. UTILITIES ACT 2000 - SECT 181 Payment for loss or damage (1) If the ACAT is satisfied that a complainant suffered loss or damage because of an act by the respondent, or an authorised person for the respondent, of a kind mentioned in section 178 (ACAT decisions), the ACAT may give the respondent a written direction to pay a stated amount to the complainant for the loss or damage. (2) The direction may not be given in relation to a punitive amount. (3) The amount payable under the direction is a debt due to the complainant in whose favour the direction is given. (4) In giving the direction, the ACAT must take account of the extent (if any) to which the complainant-- (a) caused, or contributed to, the loss or damage; or (b) obstructed, or interfered with, the exercise of the respondent's functions under this Act. (5) The amount stated in a direction may not be more than-- (a) $10 000; or (b) if another amount is prescribed by regulation--the prescribed amount. (6) The registrar must, if asked by the complainant in whose favour a direction is made, give the complainant a copy of the direction certified by the registrar. UTILITIES ACT 2000 - SECT 182 Reviewable capital contribution charges (1) This section applies if the ACAT is satisfied that a capital contribution charge imposed by the respondent is excessive. (2) The ACAT may give the respondent a written direction to reduce the charge to the amount stated in the direction. (3) For subsection (2), the ACAT must state an amount that it considers reasonable having regard to-- (a) the cost of the work to which the charge relates; and (b) the relevant industry code. (4) The ACAT may only give a direction under subsection (2) in relation to a capital contribution charge of not more than $10 000. (5) To remove any doubt, this section is additional to, and does not limit-- (a) section 179 (Continuity of utility services--nonpayment of customer debt); and (b) section 180 (Discharge of customer debt). UTILITIES ACT 2000 - SECT 183 Reimbursement of utilities for customer debts discharged If a customer debt owed to a utility is discharged under section 180 (Discharge of customer debt), the amount discharged is a debt due to the utility by the Territory. UTILITIES ACT 2000 - SECT 184 Protection of confidential information (1) The ACAT must preserve the confidentiality of information disclosed to, or obtained by, the ACAT in the exercise of its functions under this part, including-- (a) personal information; and (b) information that-- (i) could affect the competitive position of a utility or someone else; or (ii) is commercially sensitive for another reason. (2) The ICRC Act, sections 44 to 48 apply, so far as applicable, in relation to the functions of the ACAT under this part as if-- (a) a reference to the ICRC were a reference to any of the following: (i) the ACAT; (ii) a person who is or has been an ACAT member; (iii) a person who is or has been a member of the staff of the ACAT; (iv) a person who is or has been acting under the direction or authority of the ACAT; and (b) any other necessary changes were made. (3) In this section: "ACAT member--"see the ACT Civil and Administrative Tribunal Act 2008, dictionary, definition of tribunal member. UTILITIES ACT 2000 - SECT 219 Purposes of pt 13 The purposes of this part are: (a) to oblige utilities to provide utility services in accordance with relevant Government programs, for example, for community services, the environment or other social issues; and (b) to achieve that result by agreement with particular utilities or, where agreement is not reached, by directions under this part; and (c) to provide utilities with a reasonable recompense for the provision of services in accordance with such directions. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). UTILITIES ACT 2000 - SECT 220 Agreement to be sought A direction must not be given under section 221 unless the responsible Minister is satisfied that, despite all reasonable efforts having been made, no agreement has been reached with the utility about achieving the intended result or about the liability for the associated costs. UTILITIES ACT 2000 - SECT 221 Direction by Minister (1) The Minister responsible for a Government program may give a written direction to a utility to take stated action that the Minister considers appropriate to ensure that the utility's services are provided in accordance with the program. (2) A direction may, for example, require the utility to provide particular services to particular classes of people free of charge, at stated charges or subject to stated discounts or rebates. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) A direction must state the Minister's estimate of the cost to be incurred by the utility in complying with the direction. UTILITIES ACT 2000 - SECT 222 Determination of costs The cost of giving effect to a direction under section 221 is-- (a) in relation to a utility service of a kind currently provided by the utility--the additional cost that would be avoided by the utility if it did not give effect to the direction; and (b) in relation to a proposed utility service--the cost that would be incurred by the utility in providing the service in accordance with the direction. UTILITIES ACT 2000 - SECT 223 Liability for costs (1) A direction under section 221 has no effect unless the Treasurer certifies in writing that proper arrangements exist for the Territory to pay to the utility the amount of the costs-- (a) stated in the direction; or (b) where a dispute about the cost is determined by arbitration because of section 225--as so determined. (2) Where a direction is given to a utility, the amount of the costs fixed in accordance with subsection (1) is a debt due to the utility by the Territory. UTILITIES ACT 2000 - SECT 224 Compliance with direction A utility must comply with a direction given to it under section 221. UTILITIES ACT 2000 - SECT 225 Arbitration of dispute about cost (1) If the responsible Minister and the utility concerned dispute the cost of complying with a direction under section 221, either party may refer the dispute to ICRC for arbitration. (2) ICRC must arbitrate a dispute so referred. (3) The following provisions of the ICRC Act, part 6 apply, so far as applicable, to the arbitration: (a) section 33 (1), (2) and (5) (appointment and powers of arbitrator); (b) section 34 (draft determinations); (c) section 36 (1) (parties to give effect to determination); (d) section 37 (termination by parties); (e) section 38, but not paragraph (d) (termination by arbitrator); (f) section 39 (variation of arbitration); (g) section 40 (application of Commercial Arbitration Act 1986). UTILITIES ACT 2000 - SECT 226 Definitions for pt 14 In this part: "installation", of a territory network facility, includes-- (a) the construction or extension of the facility on, over or under any land or water; and (b) the attachment of the facility to any building or other structure; and (c) any activity that is ancillary or incidental to an activity mentioned in paragraph (a) or (b). "interference", with a territory network or territory network facility, includes an action that-- (a) interferes with the safe or efficient operation of the network or facility or is likely to have that effect; or (b) inhibits or obstructs lawful access to the network or facility or is likely to have that effect. "stormwater drainage" means the collection and carriage of water run-off in or through an urban area. "stormwater network"--see section 227. "stormwater network boundary"--see section 228. "stormwater network code"--see section 228. "streetlighting" does not include streetlighting only for decorative or artistic purposes. "streetlight network"--see section 229. "streetlight network code"--see section 230. "territory network "means a streetlight network or stormwater network. "territory network facility "means any part of the infrastructure of a territory network. "territory network operations "means work carried out by or for the Territory under this part for the provision of a territory service. "territory network protection notice" means a notice under section 249. "territory service" means streetlighting or stormwater drainage. "territory service authorised person" means a territory service authorised person under section 242. UTILITIES ACT 2000 - SECT 227 Stormwater network (1) For this Act, a "stormwater network" is the infrastructure used, or for use, in relation to stormwater drainage. Examples of infrastructure 1 drains, channels, floodways, mains, pipes, pollutant traps and storage facilities 2 access holes, inlet sumps and surcharge sumps 3 equipment associated with the infrastructure 4 a thing ancillary to the infrastructure Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) However, a "stormwater network" does not include infrastructure outside the stormwater network boundary and anything else excluded under the stormwater network code. UTILITIES ACT 2000 - SECT 228 Stormwater network code and boundary (1) The Minister may, in writing, approve a stormwater network code for this part. (2) The stormwater network boundary is to be worked out in accordance with the stormwater network code. (3) The code is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. UTILITIES ACT 2000 - SECT 229 Streetlight network (1) For this Act, a "streetlight network" is the infrastructure used, or for use, in relation to the provision of streetlighting. Examples of infrastructure 1 electrical power and control cables, and ducts or pipes for cables 2 switching equipment 3 lamps, brackets, insulators and fittings 4 wires and ducts or pipes for wires or equipment 5 fuses 6 a structure supporting the infrastructure 7 equipment associated with the infrastructure 8 a thing ancillary to the infrastructure Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) However, a "streetlight network" does not include infrastructure excluded under the streetlight network code. UTILITIES ACT 2000 - SECT 230 Streetlight network code (1) The Minister may, in writing, approve a streetlight network code for this part. (2) The code is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. UTILITIES ACT 2000 - SECT 231 Installation of territory network facilities (1) For the provision of a territory service, the Territory may, at any time-- (a) enter and occupy land; and (b) carry out any work on the land that is necessary or desirable for installing a territory network facility. (2) Under subsection (1) (b), the Territory may, for example, carry out any of the following work: (a) make surveys, take samples and examine the soil; (b) construct, install or place any plant, machinery, equipment or goods; (c) fell or lop trees, or clear and remove vegetation; (d) interrupt the provision of a territory service by the Territory; (e) make cuttings and excavations; (f) level the land or make roads; (g) erect offices, workshops, sheds, other buildings, fences and other structures; (h) demolish, destroy or remove any territory network facility installed or used by the Territory in relation to the provision of a territory service; (i) put a gate or passageway in a fence or wall (except a wall of a building) that prevents or hinders the Territory's work under this section, or remove the gate or passageway; (j) temporarily divert or stop traffic on a public road or bridge; (k) restore the land, or fences, walls or other structures on the land, affected by the Territory's work and, for that purpose, remove and dispose of soil, vegetation and other material. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) This section does not entitle the Territory to act under subsection (1) on land for which it is not the land-holder unless-- (a) it or the Executive has an appropriate interest in the land; or (b) the owner of the land agrees to the action. (4) If subsection (2) (i) applies, the Territory must ensure, so far as practicable, that the work is carried out in a way that minimises inconvenience and disruption to the passage of people, vehicles and vessels. (5) This section has effect in relation to a tree that is a registered tree under the Tree Protection Act 2005 subject to that Act, part 3 (Protection of trees). Note Under the Tree Protection Act 2005, pt 3 it is an offence to damage a registered tree (or do prohibited groundwork in the tree's protection zone) unless the damage or groundwork is allowed under that Act. Application may be made to the conservator for approval of tree damaging activity or prohibited groundwork (including in urgent circumstances). UTILITIES ACT 2000 - SECT 232 Maintenance of territory network facilities (1) The Territory may, at any time, maintain a territory network facility and, for that purpose, do anything necessary or desirable, including, for example-- (a) entering and occupying land; and (b) carrying out any work mentioned in section 231. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) For subsection (1), the maintenance of a territory network facility includes, for example, the following work: (a) the alteration, removal, repair, replacement or cleaning of any part of the facility; (b) the provisioning of the facility with material or information (whether in electronic form or otherwise); (c) inspecting or otherwise ensuring the proper functioning of the facility from time to time; (d) action to which a territory network protection notice relates. (3) This section has effect in relation to a tree that is a registered tree under the Tree Protection Act 2005 subject to that Act, part 3 (Protection of trees). Note Under the Tree Protection Act 2005, pt 3 it is an offence to damage a registered tree (or do prohibited groundwork in the tree's protection zone) unless the damage or groundwork is allowed under that Act. Application may be made to the conservator for approval of tree damaging activity or prohibited groundwork (including in urgent circumstances). UTILITIES ACT 2000 - SECT 233 National land Functions of the kind exercisable by the Territory under this part are exercisable in relation to national land only by agreement with the Commonwealth. UTILITIES ACT 2000 - SECT 234 Damage etc to be minimised In carrying out territory network operations, the Territory must take all reasonable steps to ensure that it causes as little inconvenience, detriment and damage as is practicable. UTILITIES ACT 2000 - SECT 235 Notice to land-holder (1) Before the Territory begins territory network operations in relation to national land or private land, it must give the land-holder written notice of the proposed operations. (2) The notice must be given to the land-holder at least 7 days before the operations begin. (3) The notice must-- (a) so far as practicable, state the following matters: (i) the purpose of the operations; (ii) the nature of the activities involved; (iii) the parts of the land likely to be affected; (iv) the period or periods during which the activities are expected to be carried out; and (b) contain a statement indicating the Territory's obligations under this part-- (i) to take all reasonable steps to ensure that it causes as little inconvenience, detriment and damage as is practicable; and (ii) to remove its property and waste; and (iii) to restore the land. (4) The land-holder may waive its right to all or part of the minimum period of notice under subsection (2). (5) Subsection (1) does not apply if the operations are to be carried out in urgent circumstances in which it is necessary to protect-- (a) the integrity of a territory network or territory network facility; or (b) the health or safety of people; or (c) public or private property; or (d) the environment. UTILITIES ACT 2000 - SECT 236 Notice about lopping trees etc on private land (1) This section applies to territory network operations to the extent that they involve-- (a) the felling or lopping of trees on private land; or (b) the trimming of roots of trees or other plants on private land; or (c) the clearing or removal of vegetation on private land. (2) Before the Territory begins the operations, it must give the land-holder written notice of the proposed operations. (3) The notice-- (a) must be given at least 7 days before the operations begin; and (b) must indicate the trees or vegetation affected and the activity proposed; and (c) may require the land-holder to carry out the activity within a stated period; and (d) if paragraph (c) applies--must contain a statement about the effect of subsection (6); and (e) if the operations relate to other territory network operations for which notice is required under this subdivision--may be given in or with the notice of the other operations. (4) The land-holder may waive its right to all or part of the minimum period of notice under subsection (3) (a). (5) If subsection (3) (c) applies, the stated period within which the land-holder is required to carry out the activity must be at least 7 days beginning on the day the notice is given to the land-holder. (6) If the land-holder does not carry out the activity in accordance with a requirement in the notice mentioned in subsection (3) (c)-- (a) the Territory may carry out the activity; and (b) the reasonable expenses incurred by the Territory in carrying out the activity are a debt owing to the Territory by the land-holder. (7) Subsection (6) (b) does not apply to a tree or vegetation growing on the land before a territory network facility was installed on the land. (8) Subsection (2) does not apply, and the Territory may carry out the operations at its own expense, in urgent circumstances in which it is necessary to protect-- (a) the integrity of a territory network or a territory network facility; or (b) the health or safety of people; or (c) public or private property; or (d) the environment. UTILITIES ACT 2000 - SECT 237 Territory network operations affecting heritage significance (1) If a notice under section 235 or section 236 is about territory network operations that may affect a place or object registered, or nominated for provisional registration, under the Heritage Act 2004, the Territory must also give a copy of the notice to the heritage council at least 7 days before the day operations begin. (2) Subsection (1) does not apply if the operations are to be carried out in urgent circumstances in which it is necessary to protect-- (a) the integrity of a territory network or territory network facility; or (b) the health or safety of people; or (c) public or private property; or (d) the environment. UTILITIES ACT 2000 - SECT 238 Notice to utilities (1) This section applies to territory network operations that consist of, or include, an activity that affects or is reasonably likely to affect a network facility under the care and management of a utility. (2) Before the Territory begins the operations, it must give the utility written notice of the proposed operations. (3) The notice must-- (a) be given to the utility at least 7 days before the operations begin; and (b) so far as practicable, state the following matters: (i) the purpose of the operations; (ii) the nature of the activities involved; (iii) the network facility affected; (iv) the period or periods during which the activities are expected to be carried out. (4) The utility may waive its right to notice under subsection (2). (5) Subsection (2) does not apply if the operations are to be carried out in urgent circumstances in which it is necessary to protect-- (a) the integrity of a territory network or territory network facility; or (b) the health or safety of people; or (c) public or private property; or (d) the environment. UTILITIES ACT 2000 - SECT 239 Removal of Territory's property and waste (1) This section applies if the Territory carries out an activity as territory network operations on land for which it is not the land-holder. (2) The Territory must, as soon as practicable, remove from the land-- (a) all of the following that the Territory constructed, installed or placed on the land and that do not form part of, or are not to be used in the operation of, the territory network facility to which the activity related: (i) items of plant, machinery, equipment and other goods; (ii) offices, workshops, sheds and other buildings; (iii) roads and tracks; and (b) all spoil, waste and rubbish and cleared vegetation resulting from the activity. (3) The obligation in subsection (2) is subject to any agreement to the contrary between the Territory and the land-holder. UTILITIES ACT 2000 - SECT 240 Land to be restored (1) This section applies if the Territory carries out territory network operations on land for which it is not the land-holder. (2) The Territory must take all reasonable steps to ensure that the land is restored as soon as practicable to a condition that is similar to its condition before the operations began. (3) Subsection (2) does not require the restoration of land to a condition that would involve-- (a) an interference with-- (i) a territory network or territory network facility; or (ii) a network or network facility; or (b) a contravention of a territory law. (4) The obligation in subsection (2) is subject to any agreement to the contrary between the Territory and the land-holder. UTILITIES ACT 2000 - SECT 241 Compensation (1) A person may claim reasonable compensation from the Territory if the person suffers loss or expense because of territory network operations. (2) Compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction. (3) A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case. (4) Without limiting subsection (3), a court may take into account whether the Territory has satisfied its obligations under section 239 (Removal of Territory's property and waste) and section 240 (Land to be restored) in considering whether it is just to make an order under this section. UTILITIES ACT 2000 - SECT 242 Territory service authorised people (1) Each of the following is a territory service authorised person for this part: (a) if the Territory engages a utility to exercise a function under this part--an authorised person for the utility under section 114 (Appointment) whose functions are, or include, the exercise of a function under this part; Note Section 114 (2) provides that an authorised person must exercise his or her functions in accordance with the conditions of appointment and any direction given to the person by the utility. (b) if the Territory engages an entity (other than a utility or public servant) to exercise a function under this part--a person appointed by the entity as a territory service authorised person for this part; (c) in any other case--a public servant appointed under subsection (2). (2) The director-general may appoint a public servant as a territory service authorised person for this part. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, div 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (3) A territory service authorised person must exercise the person's functions under this part in accordance with the conditions of appointment (if any) and any direction given to the person by the appointer. (4) In this section: "appointer", for a territory service authorised person, means-- (a) if the Territory engages a utility to exercise a function under this part--the utility; or (b) if the Territory engages an entity (other than a utility or public servant) to exercise a function under this part--the entity; or (c) in any other case--the director-general. UTILITIES ACT 2000 - SECT 243 Identity cards (1) If the Territory engages a utility to exercise a function under this part, the identity card for each territory service authorised person for the utility is the identity card for the person under section 115 (Identity cards). (2) If the Territory engages an entity (other than a utility or public servant) to exercise a function under this part, the entity must give each territory service authorised person for the entity an identity card stating the person's name and that the person is a territory service authorised person. (3) The director-general must give each territory service authorised person appointed under section 242 (2) an identity card stating the person's name and that the person is a territory service authorised person. (4) The identity card mentioned in subsection (2) or (3) must show-- (a) a recent photograph of the person; and (b) the card's date of issue and expiry; and (c) anything else prescribed by regulation. (5) A person commits an offence if-- (a) the person is a person mentioned in subsection (2) or (3); and (b) the person stops being a territory service authorised person; and (c) the person does not return the person's identity card to the appointer as soon as practicable, but no later than 7 days after the day the person stops being a territory service authorised person. Maximum penalty: 1 penalty unit. (6) An offence against this section is a strict liability offence. (7) In this section: "appointer", for a territory service authorised person--see section 242 (4). UTILITIES ACT 2000 - SECT 244 Entry to premises--territory network operations (1) If the Territory is authorised under this division to carry out territory network operations affecting particular premises, a territory service authorised person in relation to the operations may-- (a) enter the premises, with the people, vehicles and things that are necessary and reasonable for the operations; and (b) carry out the activities necessary for the operations. (2) The territory service authorised person may not remain on the premises if the person does not produce the person's identity card when asked by the land-holder or person apparently in charge of the premises. (3) The territory service authorised person may enter and remain on the premises under this section with the assistance that is necessary and reasonable. UTILITIES ACT 2000 - SECT 245 Entry to premises--inspection of connections etc (1) A territory service authorised person in relation to a territory network may enter and remain on any premises-- (a) to check work associated with the connection of the premises to the network; or (b) to check the operation of a connection between the premises and the network, or install, repair, remove or replace the connection; or (c) for a purpose related to the connection of the premises to the network, or its withdrawal. (2) The territory service authorised person may not remain on the premises if the person does not produce the person's identity card when asked by the land-holder or person apparently in charge of the premises. (3) The territory service authorised person may enter and remain on the premises under this section-- (a) at any reasonable time; and (b) with the assistance that is necessary and reasonable. UTILITIES ACT 2000 - SECT 246 Order to enforce exercise of functions (1) This section applies if-- (a) a territory service authorised person is entitled to exercise a function under this division in relation to premises; and (b) someone obstructs, or proposes to obstruct, the authorised person in the exercise of the function. (2) The Magistrates Court may, on the application of the territory service authorised person, make an order authorising a police officer or anyone else named in the order to use the assistance and force that are necessary and reasonable to enable the function to be exercised. (3) A copy of an application under subsection (2) must be given to the obstructor, and the obstructor is entitled to appear and be heard on the hearing of the application. UTILITIES ACT 2000 - SECT 247 Ownership of territory network facilities The owner or occupier of land to which a territory network facility is attached has no proprietary interest in the facility only because it is attached to the land. UTILITIES ACT 2000 - SECT 248 Interference with territory networks A person commits an offence if the person-- (a) does something that interferes with a territory network or a territory network facility; and (b) is reckless about whether doing the thing would interfere with the network or facility. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. UTILITIES ACT 2000 - SECT 249 Territory network protection notices (1) This section applies if the Territory is satisfied that a structure or activity on, under or over land or water interferes, or is reasonably likely to interfere, with a territory network or territory network facility. (2) For a structure, the Territory may give the land-holder written notice to take whatever action is necessary to stop the interference with the network or facility, or to remove the likelihood of that interference. (3) For an activity, the Territory may give the relevant person written notice to take whatever action is necessary to stop the interference with the network or facility, or to remove the likelihood of that interference (4) The notice must-- (a) indicate the structure or activity; and (b) require the person given the notice to take stated action to stop the interference, or remove the likelihood of the interference, within a stated period; and (c) contain a statement about the effect of subsection (6). (5) The stated period must be at least 7 days, starting on the day the notice is given. (6) If the person given the notice does not comply with the notice-- (a) the Territory may do whatever is necessary to stop the interference or remove the likelihood of the interference; and (b) the reasonable expenses incurred by the Territory to stop the interference or remove the likelihood of the interference are a debt owing to the Territory by the person given the notice. (7) Subsection (6) (b) does not apply to a structure that was, or an activity that began, on, under or over the land before the installation of the territory network or territory network facility to which the interference relates. (8) In urgent circumstances the Territory may, without giving a notice under subsection (2) or subsection (3) and at the Territory's expense, do whatever is necessary to stop the interference or remove the likelihood of the interference. (9) If both of the following happen, the amount of the loss or damage is a debt owing to the person by the Territory: (a) the Territory acts under this section in relation to a structure that was, or an activity that began, on, under or over the land before the installation of the territory network or territory network facility to which the interference relates; (b) the person suffers loss or damage because of the Territory's action. (10) This section has effect in relation to a tree that is a registered tree under the Tree Protection Act 2005 subject to that Act, part 3 (Protection of trees). Note Under the Tree Protection Act 2005, pt 3 it is an offence to damage a registered tree (or do prohibited groundwork in the tree's protection zone) unless the damage or groundwork is allowed under that Act. Application may be made to the conservator for approval of tree damaging activity or prohibited groundwork (including in urgent circumstances). (11) In this section: "activity" does not include an activity done by or for a utility under this Act. "person given the notice" means-- (a) for a structure--the landholder; or (b) for an activity--the relevant person. "relevant person", in relation to an activity, means-- (a) the person carrying out the activity; or (b) the person on whose behalf the activity is being carried out. "urgent circumstances "means circumstances in which it is necessary to protect-- (a) the integrity of the network or facility; or (b) the health or safety of people; or (c) public or private property; or (d) the environment. UTILITIES ACT 2000 - SECT 250 Territory network protection action affecting heritage significance (1) If a notice under section 249 is about action that may affect a place or object registered, or nominated for provisional registration, under the Heritage Act 2004, the Territory must also give a copy of the notice to the heritage council as soon as practicable. (2) If the Territory acts in urgent circumstances as mentioned in section 249 (8), it must give the heritage council written notice of the action as soon as practicable. UTILITIES ACT 2000 - SECT 251 References in pt 15 to proceeding under this Act A reference in this part to a "proceeding under this Act" includes a reference to-- (a) an action under this Act; and (b) proceeding for an offence against this Act. Note A reference to an offence against a Territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189). UTILITIES ACT 2000 - SECT 252 Liability of corporations (1) If, in a proceeding under this Act in relation to conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that-- (a) a director, employee or agent of the corporation engaged in that conduct; and (b) the director, employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and (c) the director, employee or agent had that state of mind. (2) If-- (a) conduct is engaged in on behalf of a corporation by a director, employee or agent of the corporation; and (b) the conduct is within the scope of his or her actual or apparent authority; the conduct is taken, for the purposes of a proceeding under this Act, to have been engaged in by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct. (3) A reference in subsection (1) to the "state of mind" of a person includes a reference to-- (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person's reasons for the intention, opinion, belief or purpose. (4) A reference in this section to a "director" of a corporation includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth, a State or another Territory. (5) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct. UTILITIES ACT 2000 - SECT 253 Liability of people other than corporations (1) This section does not apply to a proceeding for an offence against section 21 (Requirement for licence). (2) If, in a proceeding under this Act in relation to conduct engaged in by a person other than a corporation, it is necessary to establish the state of mind of the person, it is sufficient to show that-- (a) the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and (b) the employee or agent had that state of mind. (3) If-- (a) conduct is engaged in on behalf of a person other than a corporation by an employee or agent of the person; and (b) the conduct is within the employee's or agent's actual or apparent authority; the conduct is taken, for the purposes of a proceeding under this Act, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct. (4) Despite any other provision of this Act, if-- (a) a person is convicted of an offence; and (b) the person would not have been convicted of the offence if subsections (2) and (3) had not been in force; the person is not liable to be punished by imprisonment for that offence. (5) A reference in this section to the "state of mind" of a person includes a reference to-- (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person's reasons for the intention, opinion, belief or purpose. (6) A reference in this section to "engaging" in conduct includes a reference to failing or refusing to engage in conduct. UTILITIES ACT 2000 - SECT 254 Determination of fees (1) This section does not apply to an annual licence fee. (2) The ICRC may, in writing, determine fees for this Act (other than part 12 (Complaints to ACAT about utilities) and part 14 (Streetlighting and stormwater)). Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (3) The Minister may, in writing, determine fees for part 14. (4) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. UTILITIES ACT 2000 - SECT 255 Approved forms--ICRC (1) ICRC may approve forms in relation to its functions under this Act. (2) If ICRC approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see the Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. UTILITIES ACT 2000 - SECT 256 Approved forms--Minister (1) The Minister may approve forms for this Act except in relation to ICRC's functions under this Act. (2) If the Minister approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see the Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. UTILITIES ACT 2000 - SECT 257 Evidentiary certificate--Government programs For this Act or a related law, a certificate signed by the Minister stating whether a matter is, or is part of, a Government program is evidence of the matter so stated. UTILITIES ACT 2000 - SECT 258 Evidence of authorisation by utility For this Act or a related law, a certificate that appears to be signed by or on behalf of a utility and contains a statement to the effect that-- (a) a stated thing was done by a stated person in accordance with an authorisation by the utility; or (b) an authorisation by the utility was subject to a stated condition at a stated time or date; is evidence of the matters stated. UTILITIES ACT 2000 - SECT 259 Former water and sewerage rates schemes--extended operation (1) Despite the repeal of the Water Rates Act 1959, the following provisions have effect: (a) the provisions of that Act immediately before the repeal continue to apply in relation to-- (i) an amount payable under that Act immediately before the repeal; or (ii) an amount payable because of the operation of paragraph (b); (b) until a standard customer contract takes effect in relation to the provision of a utility service for water, the conditions applying to the provision of the service (including conditions concerning amounts payable) are the conditions that would have applied but for the repeal of that Act. (2) Despite the repeal of the Sewerage Rates Act 1968, the following provisions have effect: (a) the provisions of that Act immediately before the repeal continue to apply in relation to-- (i) an amount payable under that Act immediately before the repeal; or (ii) an amount payable because of the operation of paragraph (b); (b) until a standard customer contract takes effect in relation to the provision of sewerage services, the conditions applying to the provision of the service (including conditions concerning amounts payable) are the conditions that would have applied but for the repeal of that Act. UTILITIES ACT 2000 - SECT 260 Compensation--safety net (1) If-- (a) apart from this section, division 9.2 (Compensation) and section 241 (Compensation), the operation of any provision of this Act would result in the acquisition of property from a person otherwise than on just terms; and (b) the acquisition would be unlawful because of the Self-Government Act, section 23 (1); the person acquiring the property (the acquirer) is liable to pay reasonable compensation to the other person in relation to the acquisition. (2) If the acquirer and the other person do not agree on the amount of compensation, the other person may, in a court of competent jurisdiction, recover from the acquirer such reasonable compensation as the court determines. UTILITIES ACT 2000 - SECT 261 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may make provision in relation to the safe or efficient provision of-- (a) utility services, including provision prohibiting or regulating activities-- (i) to ensure the safe or efficient operation of a utility network or network facility; and (ii) to protect people or property in relation to the operation of a utility network or network facility; and (b) territory services, including provision prohibiting or regulating activities-- (i) to ensure the safe or efficient operation of a territory network or territory network facility; and (ii) to protect people or property in relation to the operation of a territory network or territory network facility. (3) The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations. UTILITIES ACT 2000 - SCHEDULE 1 Schedule 1 Reviewable decisions (see div 3.3A) column 1item column 2section column 3decision column 4entity 1 37 refuse to grant licence applicant for licence 2 37 grant licence subject to condition applicant for licence 3 38 refuse to vary licence licensee 4 38 vary licence on ICRC's own initiative licensee 5 40 refuse to agree to transfer of licence licensee 6 42 revoke a licence person whose licence revoked Dictionary (see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o Australian Consumer Law (ACT) o commissioner for revenue o corporation o daily newspaper o director-general (see s 163) o disallowable instrument (see s 9) o exercise o function o magistrate o Magistrates Court o Minister (see s 162) o National Gas (ACT) Law o National Gas (ACT) Regulation o national land o notifiable instrument (see s 10) o public servant o reviewable decision notice o State o the Territory. "administrator", for part 3A (Energy industry levy)--see section 54N. "annual licence fee", for a licence, means the fee determined under section 45 (Determination of fee) for the licence for the relevant financial year. "approved meter", for division 6.4 (Passing on supply costs)--see section 97. "authorised person" means a person appointed as an authorised person under section 114. "capital contribution charge"--see section 101 (Capital contribution charges--network development). "complainant", for part 12 (Complaints to ACAT about utilities)--see section 172. "complaint", for part 12 (Complaints to ACAT about utilities)--see section 172. "connected" with an offence, for part 10 (Enforcement)--see section 150. "consumer", in relation to a utility service, means-- (a) a customer for the service; or (b) an occupier of a customer's premises to which the service is provided; and includes an invitee of the customer or occupier. "controller"--see section 135 (Appointment of controller). "customer"--see section 17 (Customers). "customer contract" means-- (a) a standard customer contract; or (b) a negotiated customer contract. "customer debt", for part 12 (Complaints to ACAT about utilities)--see section 169. "data storage device "means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). "determined", for part 3A (Energy industry levy)--see section 54A. "electricity connection service"--see section 79 (Electricity connection service). "electricity distributor"-- (a) means a utility licensed for the distribution of electricity through an electricity network; and (b) in relation to an electricity connection service for premises--means a utility licensed to provide the service for the premises. "electricity network"--see section 7 (Electricity network). "electricity supplier", in relation to the supply of electricity to premises, means a utility licensed to supply electricity to the premises. "energy industry sector", for part 3A (Energy industry levy)--see section 54D (1). "energy utility", for part 3A (Energy industry levy)--see section 54D (2). "energy utility service", for part 3A (Energy industry levy)--see section 54D (3). "essential service"--see section 149A. "essential service restriction"--see section 149A. "fixed net regulatory cost", for part 3A (Energy industry levy)--see section 54G (3). "franchise customer"--see section 17 (Customers). "gas"--see section 8. "gas connection service"--see section 81 (Gas connection service). "gas distribution network"--see section 10 (2). "gas distributor"-- (a) means a utility licensed for the distribution of gas through a gas network; and (b) in relation to a gas connection service for premises--means a utility licensed to provide the service for the premises. "gas network"--see section 10 (Gas networks). "gas supplier", in relation to the supply of gas to premises, means a utility licensed to supply gas to the premises. "gas transmission network"--see section 10 (1). "ICRC "means the Independent Competition and Regulatory Commission. "ICRC Act" means the Independent Competition and Regulatory Commission Act 1997. "ICRC inspector "means a person appointed as an ICRC inspector under section 152. "industry code", for a utility service, means an industry code approved or determined under part 4 (Industry codes) that applies to the service. "installation"-- (a) of a network facility, for part 7 (Network operations)--see section 103; and (b) of a territory network facility, for part 14 (Streetlighting and stormwater)--see section 226. "interference"-- (a) with a network or network facility, for part 8 (Protection of networks)--see section 123; and (b) with a territory network or territory network facility, for part 14 (Streetlighting and stormwater)--see section 226. "land-holder"-- (a) in relation to private land, means-- (i) an owner of the land; or (ii) if the land is occupied by a person other than the owner--an occupier of the land; and (b) in relation to unleased Territory land--means the Territory; and (c) in relation to national land--means the Commonwealth, and includes a lessee of the land. "levy", for part 3A (Energy industry levy)--see section 54A. "levy year", for part 3A (Energy industry levy)--see section 54C (1). "licence" means a licence under this Act. "local regulatory cost", for part 3A (Energy industry levy)--see section 54F (1). "national regulatory cost", for part 3A (Energy industry levy)--see section 54E (2). "national regulatory obligations", for part 3A (Energy industry levy)--see section 54E (1). "negotiated customer contract "means a contract to which section 95 (Negotiated customer contracts) applies. "net regulatory cost", for part 3A (Energy industry levy)--see section 54G (2). "network"-- (a) for this Act--means any of the following: (i) an electricity network; (ii) a gas network; (iii) a sewerage network; (iv) a water network; (v) a network prescribed for a prescribed utility service under section 15 (Prescribed utility services); or (b) for sections 130, 131 and 132--see section 133 (Extended meaning of network). "network boundary"--see section 16 (Network boundary). "network facility "means any part of the infrastructure of a network. "network operations", for part 7 (Network operations)--see section 103. "network protection notice"--means a notice under section 125 (Network protection notices). "non-franchise customer"--see section 17 (Customers). "occupier", of premises-- (a) for this Act--means a person who has, or is entitled to, lawful possession or control of the premises (whether alone or together with 1 or more other people); or (b) for part 10 (Enforcement)--see section 150. "offence", for part 10 (Enforcement)--see section 150. "owner", of premises, means-- (a) a person who owns the premises; or (b) a lessee of the premises under a lease granted by or for the Commonwealth; or (c) for a unit under the Unit Titles Act 2000--the unit owner; whether alone or together with 1 or more other people. "personal information"--see the Privacy Act 1988 (Cwlth), section 6 (Interpretation), but does not include information available to a section of the public. "premises "includes land and place. "private land "means land other than public land. "proceeding under this Act", for part 15 (Vicarious liability)--see section 251. "public land "means national land or unleased Territory land. "registrar", for part 12 (Complaints to ACAT about utilities)--see section 169. "regulatory cost", for part 3A (Energy industry levy)--see section 54G (1). "related law" means the ICRC Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). "respondent", for an application in relation to a complaint, for part 12 (Complaints to ACAT about utilities)--see section 169. "responsible utility", for a network or network facility, means a utility licensed to provide utility services using the network or network facility. "reviewable decision", for division 3.3A (Notification and review of ICRC decisions)--see section 43. "satisfied "means satisfied on reasonable grounds. "sewerage connection service"--see section 85. "sewerage network"--see section 14. "sewerage service" means the conveyance, collection, treatment and disposal of sewage by a person from the premises of another person. "sewerage utility", in relation to the provision of a sewerage connection service or sewerage service for premises, means a utility licensed to provide the relevant service for the premises. "standard customer contract"--see section 92 (Creation of standard customer contracts). "stormwater drainage", for part 14 (Streetlighting and stormwater)--see section 226. "stormwater network"--see section 227. "stormwater network boundary", for part 14 (Streetlighting and stormwater)--see section 228. "stormwater network code", for part 14 (Streetlighting and stormwater)--see section 228. "streetlighting, "for part 14 (Streetlighting and stormwater)--see section 226. "streetlight network"--see section 229. "streetlight network code", for part 14 (Streetlighting and stormwater)--see section 230. "technical code", for a utility service, means a technical code approved or determined under part 5 (Technical regulation) that applies to the service. "technical inspector" means a person appointed as a technical inspector under section 67 (Technical inspectors). "territory network"--see section 226. "territory network facility"--see section 226. "territory network operations", for part 14 (Streetlighting and stormwater)--see section 226. "territory network protection notice", for part 14 (Streetlighting and stormwater)--see section 226. "territory service"--see section 226. "territory service authorised person", for part 14 (Streetlighting and stormwater)--see section 226. "utility"-- (a) for this Act generally--means a person licensed to provide a utility service; or (b) for part 9 (Controller's power to take over operations)--see section 134; or (c) in relation to an act or omission, for part 12 (Complaints to ACAT about utilities)--see section 169. "utility service"-- (a) in relation to electricity--see section 6 (Electricity services); or (b) in relation to gas--see section 9 (Gas services); or (c) in relation to water--see section 11 (Water services); or (d) in relation to sewerage--see section 13 (Sewerage services); or (e) a service prescribed to be a utility service under section 15 (Prescribed utility services). "water connection service"--see section 83 (Water connection service). "water distributor "means-- (a) in relation to the collection or treatment of water, or both, for distribution through a water network--a utility licensed for the service; and (b) in relation to the distribution of water through a water network--a utility licensed for the service; and (c) in relation to the provision of a water connection service to premises--a utility licensed to provide the service for the premises. "water network"--see section 12 (Water network). "water supplier", in relation to the supply of water to premises, means a utility licensed to supply water to the premises. "withdrawal", of a utility service, for part 12 (Complaints to ACAT about utilities)--see section 169. "year", for part 3A (Energy industry levy)--see section 54A. UTILITIES ACT 2000 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history Utilities Act 2000 No 65 notified 20 December 2000 (Gaz 2000 No S68) s 1, s 2 commenced 20 December 2000 (IA s 10B) pt 11, pt 12 commenced 1 March 2001 (Gaz 2000 No S69) div 16.3 commenced 20 June 2001 (s 2 (2) (a)) s 249 commenced 20 June 2001 (s 2 (2) (a) but see Gaz 2000 No S69) s 250 commenced 1 June 2001 (Gaz 2000 No S69) remainder commenced 1 January 2001 (Gaz 2000 No S69) as amended by Legislation (Consequential Amendments) Act 2001 No 44 pt 405 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 405 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2001 (No.2) No 56 pt 3.52 notified 5 September 2001 (Gaz 2001 No S65) commenced 5 September 2001 (s 2 (1)) Legislation Amendment Act 2002 No 11 pt 2.49 notified LR 27 May 2002 s 1, s 2 commenced 27 May 2002 (LA s 75) pt 2.49 commenced 28 May 2002 (s 2 (1)) Statute Law Amendment Act 2002 (No 2) No 49 pt 3.29 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))pt 3.29 commenced 17 January 2003 (s 2 (1)) Criminal Code 2002 No 51 pt 1.25 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75 (1)) pt 1.25 commenced 1 January 2003 (s 2 (1)) Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.20 notified LR 11 September 2003 s 1, s 2 commenced 11 September 2003 (LA s 75 (1)) sch 3 pt 3.20 commenced 9 October 2003 (s 2 (1)) Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.35 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) sch 1 pt 1.35 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.94 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.94 commenced 9 April 2004 (s 2 (1)) Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.19 notified LR 11 August 2004 s 1, s 2 commenced 11 August 2004 (LA s 75 (1)) sch 3 pt 3.19 commenced 25 August 2004 (s 2 (1)) Heritage Act 2004 A2004-57 sch 1 pt 1.11 notified LR 9 September 2004 s 1, s 2 commenced 9 September 2004 (LA s 75 (1)) sch 1 pt 1.11 commenced 9 March 2005 (s 2 and LA s 79) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.72 notified LR 2 September 2004 s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.72 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Utilities Amendment Act 2004 A2004-63 notified LR 2 September 2004 s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) remainder commenced 3 September 2004 (s 2) Utilities Amendment Act 2005 A2005-14 notified LR 24 March 2005 s 1, s 2 commenced 24 March 2005 (LA s 75 (1)) remainder commenced 24 September 2005 (s 2 and LA s 79) Utilities (Shortage of Essential Services) Amendment Act 2005 A2005-31 notified LR 29 June 2005 s 1, s 2 commenced 29 June 2005 (LA s 75 (1)) remainder commenced 30 June 2005 (s 2) Tree Protection Act 2005 A2005-51 sch 1 pt 1.5 notified LR 29 September 2005 s 1, s 2 commenced 29 September 2005 (LA s 75 (1)) sch 1 pt 1.5 commenced 29 March 2006 (s 2 and LA s 79) Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.20 notified LR 21 December 2005 s 1, s 2 commenced 21 December 2005 (LA s 75 (1)) sch 3 pt 3.20 commenced 11 January 2006 (s 2 (1)) Utilities (Energy Industry Levy) Amendment Act 2007 A2007-13 notified LR 13 June 2007 s 1, s 2 commenced 13 June 2007 (LA s 75 (1)) remainder commenced 9 July 2007 (s 2 and CN2007-7) Water Resources Act 2007 A2007-19 s 211 notified LR 20 June 2007 s 1, s 2 commenced 20 June 2007 (LA s 75 (1)) s 211 commenced 1 August 2007 (s 2 and CN2007-8) Justice and Community Safety Legislation Amendment Act 2007 A2007-22 sch 1 pt 1.14 notified LR 5 September 2007 s 1, s 2 commenced 5 September 2007 (LA s 75 (1)) sch 1 pt 1.14 commenced 6 September 2007 (s 2) Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.34notified LR 13 September 2007s 1, s 2 commenced 13 September 2007 (LA s 75 (1)) sch 1 pt 1.34 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) National Gas (ACT) Act 2008 A2008-15 sch 2 pt 2.4 notified LR 30 June 2008 s 1, s 2 commenced 30 June 2008 (LA s 75 (1)) sch 2 pt 2.4 commenced 1 July 2008 (s 2 (1) and see National Gas (South Australia) Act 2008 (SA), s 7) Justice and Community Safety Legislation Amendment Act 2008 (No 2) A2008-22 sch 1 pt 1.10 notified LR 8 July 2008 s 1, s 2 commenced 8 July 2008 (LA s 75 (1)) sch 1 pt 1.10 commenced 29 July 2008 (s 2) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.58 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.58 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.103 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.103 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.74 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.74 commenced 22 September 2009 (s 2) Work Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.12 notified LR 9 September 2009 s 1, s 2 commenced 9 September 2009 (LA s 75 (1)) sch 2 pt 2.12 commenced 1 October 2009 (s 2 and see Work Safety Act 2008 A2008-51 s 2 (1) (b) and CN2009-11) as modified by ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2 s 67 (as am by SL2009-51 s 6, s 9, A2009-54 amdt 1.3) notified LR 29 January 2009 s 1, s 2 commenced 29 January 2009 (LA s 75 (1)) s 67 commenced 2 February 2009 (s 2 and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) ACT Civil and Administrative Tribunal (Transitional Provisions) Amendment Regulation 2009 (No 1) SL2009-51 s 6, s 9 notified LR 30 October 2009 s 1, s 2 commenced 30 October 2009 (LA s 75 (1)) s 6, s 9 commenced 31 October 2009 (s 2) Note This regulation only amends the ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2. as amended by Justice and Community Safety Legislation Amendment Act 2009 (No 4) A2009-54sch 1 pt 1.2, sch 1 pt 1.6 notified LR 18 December 2009 s 1, s 2 commenced 18 December 2009 (LA s 75 (1)) sch 1 pt 1.2, sch 1 pt 1.6 commenced 22 December 2009 (s 2 (2) (a) and see Justice and Community Safety Legislation Amendment Act 2009 (No 3) A2009-44 s 2 (3)) Note This Act also amends the ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2. Fair Trading (Australian Consumer Law) Amendment Act 2010A2010-54 sch 3 pt 3.27 notified LR 16 December 2010 s 1, s 2 commenced 16 December 2010 (LA s 75 (1)) sch 3 pt 3.27 commenced 1 January 2011 (s 2 (1)) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.163 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.163 commenced 1 July 2011 (s 2 (1)) Work Health and Safety (Consequential Amendments) Act 2011 A2011-55 sch 1 pt 1.11 notified LR 14 December 2011 s 1, s 2 commenced 14 December 2011 (LA s 75 (1)) sch 1 pt 1.11 commenced 1 January 2012 (s 2 and see Work Health and Safety Act 2011 A2011-35, s 2 and CN2011-12) 4 Amendment history Commencements 2 om R2 LA ICRC's objectss 3 am A2008-37 amdt 1.511; A2011-22 amdt 1.454 Offences against Act--application of Criminal Code etcs 5A ins A2007-13 s 4 Gas--terminologys 8 sub A2008-15 amdt 2.12 Gas networkss 10 sub A2008-15 amdt 2.13 Customerss 17 def customer am 2001 No 56 amdt 3.861, amdt 3.862 Declaration of non-franchise customerss 18 sub 2001 No 44 amdt 1.4171 Ministerial directionss 19 am 2001 No 44 amdt 1.4172 Other laws not affecteds 20 am 2001 No 44 amdt 1.4173, amdt 1.4174; A2003-41 amdt 3.383, amdt 3.384; A2007-19 s 211; A2007-22 amdt 1.51; A2007-25 amdt 1.205, amdt 1.206; pars renum R23 LA; A2008-15 amdt 2.14; A2009-28 amdt 2.28, amdt 2.29; pars renum R30 LA; A2010-54 amdt 3.60; A2011-55 amdt 1.25 Exemptions 22 am 2001 No 44 amdts 1.4175-1.4177 Licensed utility servicess 23 am A2003-41 amdt 3.385 General conditionss 25 am A2003-41 amdt 3.386; A2011-22 amdt 1.454 Special conditions--electricity distribution or supplys 28 am 2001 No 56 amdt 3.863; A2005-62 amdt 3.176, amdt 3.177 Special conditions--gas transmission or distributions 29 om A2008-15 amdt 2.15 Special conditions--gas distribution or supplys 30 am A2003-41 amdt 3.387 om A2008-15 amdt 2.15 Partnerships and other groupss 33 am A2003-41 amdt 3.454 Applications for certain licence decisionss 34 sub 2001 No 44 amdt 1.4178 Public consultations 36 am A2003-41 amdt 3.388 Grants 37 am 2002 No 49 amdt 3.245, amdt 3.246; A2008-37 amdt 1.512, amdt 1.513 Variations 38 am 2002 No 49 amdt 3.248; A2008-37 amdt 1.514, amdt 1.515; ss renum R28 LA Exemption from licence conditions 39 am 2001 No 44 amdt 1.4179; 2002 No 49 amdt 3.248 Transfers 40 am 2002 No 49 amdt 3.249, amdt 3.250; A2008-37 amdt 1.516, amdt 1.517 Surrenders 41 am 2002 No 49 amdt 3.251; A2003-41 amdt 3.389 Revocations 42 am 2002 No 49 amdt 3.252; A2008-37 amdt 1.518 Notification and review of ICRC decisionsdiv 3.3A hdg ins A2008-37 amdt 1.519 Meaning of reviewable decision--div 3.3As 43 sub A2008-37 amdt 1.519 Reviewable decision noticess 43A ins A2008-37 amdt 1.519 Applications for reviews 43B ins A2008-37 amdt 1.519 Liabilitys 44 am A2004-63 s 4 Determination of fees 45 am 2002 No 49 amdt 3.253; A2003-41 amdts 3.390-3.393; A2004-63 s 5, s 6; A2008-15 amdt 2.16; A2008-37 amdt 1.520; pars renum R28 LA mod SL2009-2 mod 5.1 (as ins by SL2009-51 s 9) mod lapsed 22 December 2009 (SL2009-2 mod 5.1 om by A2009-54 amdt 1.6) am A2009-54 amdt 1.41; A2011-22 amdt 1.454 Directions about accounts and recordss 49 am A2003-41 amdts 3.394-3.396 Public notice of licence decisionss 52 am 2001 No 44 amdt 1.4180, amdt 1.4181; 2002 No 49 amdt 3.254 Public access to licences etcs 53 am 2001 No 44 amdt 1.4182 Annual reports--technical and environmental matterss 54 am A2011-22 amdt 1.454 Energy industry levypt 3A hdg ins A2007-13 s 5 note 2 exp 9 July 2008 (s 401 (2)) Definitions--pt 3As 54A ins A2007-13 s 5 def administrator ins A2007-13 s 5 def determined ins A2007-13 s 5 def energy industry sector ins A2007-13 s 5 def energy utility ins A2007-13 s 5 def energy utility service ins A2007-13 s 5 def fixed net regulatory cost ins A2007-13 s 5 def levy ins A2007-13 s 5 def levy year ins A2007-13 s 5 def local regulatory cost ins A2007-13 s 5 def national regulatory cost ins A2007-13 s 5 def national regulatory obligations ins A2007-13 s 5 def net regulatory cost ins A2007-13 s 5 def regulatory cost ins A2007-13 s 5 def year ins A2007-13 s 5 Purpose--pt 3As 54B ins A2007-13 s 5 Energy industry levy--impositions 54C ins A2007-13 s 5 Energy industry sectors etcs 54D ins A2007-13 s 5 National regulatory obligations and costss 54E ins A2007-13 s 5 Local regulatory costss 54F ins A2007-13 s 5 Annual regulatory costs etcs 54G ins A2007-13 s 5 Further energy sector determinationss 54H ins A2007-13 s 5 Production of distribution and sales informations 54I ins A2007-13 s 5 Production of relevant information etcs 54J ins A2007-13 s 5 Registration of energy utilitiess 54K ins A2007-13 s 5 Offence--failure to registers 54L ins A2007-13 s 5 (3)-(6) exp 9 July 2008 (s 54L (6) (LA s 88 declaration applies)) Returns under Taxation Administration Acts 54M ins A2007-13 s 5 Levy administrators 54N ins A2007-13 s 5 Contentss 55 am 2001 No 44 amdt 1.4183 Determined codess 59 am A2003-41 amdt 3.396 Public consultations 60 am A2003-41 amdt 3.454 Notification and disallowance of codes etcs 62 sub 2001 No 44 amdt 1.4184 Public accesss 63 am 2001 No 44 amdt 1.4185 Contentss 64 am A2003-41 amdt 3.454 Application of industry code provisionss 65 am 2001 No 44 amdt 1.4186 Functions of director-generals 66 hdg am A2011-22 amdt 1.454s 66 am A2011-22 amdt 1.454 Technical inspectorss 67 am 2001 No 44 amdt 1.4187; ss renum R2 LA (see 2001 No 44 amdt 1.4188); A2003-41 amdt 3.397, amdt 3.398; A2011-22 amdt 1.454 Identity cardss 68 am A2011-22 amdt 1.454 Inspectors--functionss 69 sub A2003-41 amdt 3.399 Directions about technical codess 70 am 2001 No 44 amdt 1.4189; A2011-22 amdt 1.454 Obtaining information and documentss 72 am A2011-22 amdt 1.454 Self-incrimination etcs 74 am 2002 No 11 amdt 2.99; 2002 No 51 amdt 1.51 Legal professional privileges 75 om 2002 No 11 amdt 2.100 Obstructions 76 om A2004-15 amdt 2.202 Notification and application of terms etcs 91 sub 2001 No 44 amdt 1.4190 Definitions for pt 7s 103 def network operations am A2003-41 amdt 3.400 Acquisition of lands 104 am A2003-41 amdt 3.401 Installation of network facilitiess 105 am A2003-41 amdt 3.402, amdt 3.454; A2005-51 amdt 1.23 Maintenance of network facilitiess 106 am A2003-41 amdt 3.403; A2005-51 amdt 1.24 Notice to land-holders 109 am A2003-41 amdt 3.454; A2008-37 amdt 1.521 Notice about lopping trees etc on private lands 110 am A2003-41 amdt 3.454; A2005-14 s 4 Network operations affecting heritage significances 110A ins A2004-57 amdt 1.56 Notice to other utilitiess 111 am A2003-41 amdt 3.404, amdt 3.454; A2005-14 ss 5-7 Land to be restoreds 113 am A2005-14 s 8 Authorised peoplediv 7.4 hdg sub A2003-41 amdt 3.405 Appointments 114 am A2003-41 amdt 3.406, amdt 3.407 Identity cardss 115 am A2003-41 amdt 3.454 Entry to premises--network operationss 116 am A2003-41 amdt 3.454 Obstructions 118 om A2004-15 amdt 2.202 Order to enforce exercise of functionss 119 hdg am A2003-41 amdt 3.408s 119 am A2003-41 amdts 3.409-3.411 Clarifying ownership of certain network facilitiess 121 am 2001 No 44 amdt 1.4191 Effect of declaration under s 121s 122 am 2001 No 44 amdt 1.4192; ss renum R2 LA (see 2001 No 44 amdt 1.4193) Network protection noticess 125 am A2003-41 amdt 3.454; A2005-51 amdt 1.25; ss renum R19 LA (see A2005-51 amdt 1.26) Network protection action affecting heritage significances 125A ins A2004-57 amdt 1.57 Extended meaning of networks 133 sub A2003-41 amdt 3.412 Appointment of controllers 135 am A2003-41 amdts 3.413-3.415 Controller's functionss 136 hdg sub A2003-41 amdt 3.416s 136 am A2003-41 amdt 3.417, amdt 3.418 Ministerial directionss 139 am A2003-41 amdt 3.419 Obstructing controllers 141 om A2004-15 amdt 2.202 Immunity from personal liabilitys 142 am A2003-41 amdt 3.419 Claimss 144 am A2011-22 amdt 1.454 Acceptance or rejection of compensation offers 146 am A2011-22 amdt 1.454 Recovery of compensations 149 am A2003-41 amdt 3.419 Shortage of essential servicespt 9A hdg ins A2005-31 s 4 Definitions for pt 9As 149A ins A2005-31 s 4 def essential service ins A2005-31 s 4 def essential service restriction ins A2005-31 s 4 Restriction of utility services 149B ins A2005-31 s 4 Powers in relation to premisess 149C ins A2005-31 s 4 Production of identity cards 149D ins A2005-31 s 4 Definitions for pt 10s 150 hdg sub 2001 No 56 amdt 3.864s 150 def connected ins 2001 No 56 amdt 3.865 def offence ins 2001 No 56 amdt 3.865 Things connected with offencess 151 om 2001 No 56 amdt 3.866 Appointments 152 am A2003-41 amdts 3.420-3.422; A2011-22 amdt 1.454 Powers on entry to premisess 159 am A2003-41 amdt 3.454 Powers to enter and inspect premisess 164 am A2011-22 amdt 1.454 Authorised people for utilitydiv 10.4 hdg sub A2003-41 amdt 3.423 Self-incrimination etcs 166 am 2002 No 11 amdt 2.101; 2002 No 51 amdt 1.52 Certain causes of action against customerpt 11 hdg sub A2008-22 amdt 1.58; A2008-37 amdt 1.522 Establishment and functionsdiv 11.1 hdg om A2008-37 amdt 1.522 Constitutiondiv 11.2 hdg om A2008-37 amdt 1.522 Organisation of councildiv 11.3 hdg om A2008-37 amdt 1.522 Proceedings in Magistrates Court--amounts over $10 000s 167 om 2001 No 11 amdt 2.102 ins A2008-37 amdt 1.522 Civil dispute applications to ACATs 168 om A2004-15 amdt 2.202 ins A2008-37 amdt 1.522 Complaints to ACAT about utilitiespt 12 hdg sub A2008-37 amdt 1.522 Preliminarydiv 12.1 hdg sub A2008-37 amdt 1.522 Definitions--pt 12s 169 am A2008-22 amdt 1.59 sub A2008-37 amdt 1.522 def complainant ins A2008-37 amdt 1.522 def complaint ins A2008-37 amdt 1.522 def customer debt ins A2008-37 amdt 1.522 def registrar ins A2008-37 amdt 1.522 def respondent ins A2008-37 amdt 1.522 def utility ins A2008-37 amdt 1.522 def withdrawal ins A2008-37 amdt 1.522 Application--pt 12s 170 am 2001 No 56 amdts 3.867-3.869; A2003-41 amdt 3.424, amdt 3.454 sub A2008-37 amdt 1.522 Principles--pt 12s 171 am A2007-22 amdt 1.52 sub A2008-37 amdt 1.522 Applications to ACATdiv 12.2 hdg sub A2008-37 amdt 1.522 ACAT applicationss 172 am A2003-41 amdt 3.425 sub A2008-37 amdt 1.522 Help with applications about failure to provide, or withdrawal of, utility servicests 173 sub A2004-9 amdt 1.48; A2008-37 amdt 1.522 Advising Minister etc about systemic problemss 174 am 2001 No 56 amdt 3.870, amdt 3.871; A2003-41 amdts 3.426-3.428 sub A2008-37 amdt 1.522 Preliminary inquiriesdiv 12.3 hdg sub A2008-37 amdt 1.522 Preliminary inquiries--registrars 175 am 2001 No 56 amdt 3.872, amdt 3.873; A2003-41 amdt 3.429, amdt 3.430 sub A2008-37 amdt 1.522 Dismissal of complaintsdiv 12.4 hdg sub A2008-37 amdt 1.522 Dismissal of complaints about utilitiess 176 om 2001 No 56 amdt 3.874 ins A2008-37 amdt 1.522 Powers and decisions of ACATdiv 12.5 hdg ins A2008-37 amdt 1.522 Complainant's recordss 177 am 2001 No 56 amdt 3.875 sub A2008-37 amdt 1.522 ACAT decisionss 178 sub A2003-41 amdt 3.431; A2008-37 amdt 1.522 Continuity of utility services--nonpayment of customer debts 179 am A2003-41 amdt 3.432 sub A2008-37 amdt 1.522 Discharge of customer debts 180 sub A2003-41 amdt 3.433; A2008-28 amdt 3.170; A2008-37 amdt 1.522 Payment for loss or damagess 181 am A2003-41 amdt 3.434 sub A2008-37 amdt 1.522 Reviewable capital contribution chargess 182 hdg am A2003-41 amdt 3.435s 182 am A2003-41 amdt 3.436 sub A2008-37 amdt 1.522 Reimbursement of utilities for customer debts dischargeds 183 sub A2008-37 amdt 1.522 Confidential informationdiv 12.6 hdg ins A2008-37 amdt 1.522 Protection of confidential informations 184 sub A2008-37 amdt 1.522 Complaints to which pt 12 appliess 185 om A2008-37 amdt 1.522 Complaints to councils 186 om A2008-37 amdt 1.522 Preliminary inquiriess 187 om A2008-37 amdt 1.522 Withdrawal of complaints 188 om A2008-37 amdt 1.522 Dismissal of complaints 189 am A2003-41 amdt 3.437 om A2008-37 amdt 1.522 Notice to utilitys 190 om A2008-37 amdt 1.522 Procedures 191 am A2003-41 amdt 3.438 om A2008-37 amdt 1.522 Interim directionss 192 om A2008-37 amdt 1.522 Participation by telephone etcs 193 om A2008-37 amdt 1.522 Hearingss 194 om A2008-37 amdt 1.522 Appearance and representations 195 om A2008-37 amdt 1.522 Taking evidences 196 om A2008-37 amdt 1.522 Refusing to take oath or make affirmations 197 om A2008-37 amdt 1.522 Obtaining information and documentss 198 am A2003-41 amdt 3.439 om A2008-37 amdt 1.522 Contravention of requirement under s 198s 199 om A2008-37 amdt 1.522 Witnesses to answer questions etcs 200 om A2008-37 amdt 1.522 Selfincrimination etcs 201 am 2002 No 11 amdt 2.103; 2002 No 51 amdt 1.53 om A2008-37 amdt 1.522 Legal professional privileges 202 om 2002 No 11 amdt 2.104 Restrictions on publications 203 am 2001 No 44 amdt 1.4194; A2003-41 amdt 3.440 om A2008-37 amdt 1.522 Contravention of direction about publications 204 om A2008-37 amdt 1.522 Reference of question of law to Supreme Courts 205 am A2003-41 amdt 3.441 om A2008-37 amdt 1.522 Decisions of councils 206 am A2007-22 amdt 1.53, amdt 1.54 om A2008-37 amdt 1.522 Continuity of utility services--nonpayment of customer debts 207 am A2003-41 amdt 3.442 om A2008-37 amdt 1.522 Discharge of customer debts 208 om A2008-37 amdt 1.522 Payment for loss or damages 209 am A2003-41 amdt 3.443 om A2008-37 amdt 1.522 Reviewable capital contribution chargess 209A ins A2007-22 amdt 1.55 om A2008-37 amdt 1.522 Notice of decisions 210 am A2004-60 amdt 1.686 om A2008-37 amdt 1.522 Decisions by agreements 211 om A2008-37 amdt 1.522 Recordss 212 om A2008-37 amdt 1.522 Correction of errorss 213 om A2008-37 amdt 1.522 Protection of lawyers and witnessess 214 om A2008-37 amdt 1.522 Obstructing council etcs 215 om A2008-37 amdt 1.522 Providing false informations 216 om A2004-15 amdt 2.202 Providing false or misleading documentss 217 om A2004-15 amdt 2.202 Reimbursement of utilities for customer debts dischargeds 218 om A2008-37 amdt 1.522 Purposes of pt 13s 219 am A2003-41 amdt 3.444 Direction by Ministers 221 am A2003-41 amdt 3.445, amdt 3.454 Streetlighting and stormwaterpt 14 hdg orig pt 14 hdg renum as pt 15 hdg ins A2005-14 s 9 Generaldiv 14.1 hdg ins A2005-14 s 9 Definitions for pt 14s 225A renum as s 226 Stormwater networks 225B renum as s 227 Stormwater network code and boundarys 225C renum as s 228 Streetlight networks 225D renum as s 229 Streetlight network codes 225E renum as s 230 Installation of territory network facilitiess 225F renum as s 231 Maintenance of territory network facilitiess 225G renum as s 232 National lands 225H renum as s 233 Damage etc to be minimiseds 225I renum as s 234 Notice to land-holders 225J renum as s 235 Notice about lopping trees etc on private lands 225K renum as s 236 Territory network operations affecting heritage significances 225L renum as s 237 Notice to utilitiess 225M renum as s 238 Removal of Territory's property and wastes 225N renum as s 239 Land to be restoreds 225O renum as s 240 Compensations 225P renum as s 241 Territory service authorised peoples 225Q renum as s 242 Identity cardss 225R renum as s 243 Entry to premises--territory network operationss 225S renum as s 244 Entry to premises--inspection of connections etcs 225T renum as s 245 Order to enforce exercise of functionss 225U renum as s 246 Ownership of territory network facilitiess 225V renum as s 247 Interference with territory networkss 225W renum as s 248 Territory network protection noticess 225X renum as s 249 Territory network protection action affecting heritage significances 225Y renum as s 250 Definitions for pt 14s 226 orig s 226 renum as s 251 (prev s 225A) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) def installation ins A2005-14 s 9 def interference ins A2005-14 s 9 def stormwater drainage ins A2005-14 s 9 def stormwater network ins A2005-14 s 9 def stormwater network boundary ins A2005-14 s 9 def stormwater network code ins A2005-14 s 9 def streetlighting ins A2005-14 s 9 def streetlight network ins A2005-14 s 9 def streetlight network code ins A2005-14 s 9 def territory network ins A2005-14 s 9 def territory network facility ins A2005-14 s 9 def territory network operations ins A2005-14 s 9 def territory network protection notice ins A2005-14 s 9 def territory service ins A2005-14 s 9 def territory service authorised person ins A2005-14 s 9 Stormwater networks 227 orig s 227 renum as s 252 (prev s 225B) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Stormwater network code and boundarys 228 orig s 228 renum as s 253 (prev s 225C) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Streetlight networks 229 orig s 229 renum as s 254 (prev s 225D) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Approved forms--ICRCs 229A renum as s 255 Approved forms--Ministers 229B renum as s 256 Streetlight network codes 230 orig s 230 renum as s 257 (prev s 225E) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Territory network operationsdiv 14.2 hdg ins A2005-14 s 9 General powerssdiv 14.2.1 hdg ins A2005-14 s 9 Installation of territory network facilitiess 231 orig s 231 renum as s 258 (prev s 225F) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) am A2005-51 amdt 1.27 Maintenance of territory network facilitiess 232 orig s 232 renum as s 259 (prev s 225G) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) am A2005-51 amdt 1.28 National lands 233 orig s 233 renum as s 260 (prev s 225H) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Performance of territory network operationssdiv 14.2.2 hdg ins A2005-14 s 9 Damage etc to be minimiseds 234 orig s 234 renum as s 261 (prev s 225I) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Notice to land-holders 235 orig s 235 om 2001 No 44 amdt 1.4201 ins A2004-63 s 7 exp 1 July 2005 (s 235 (2)) (prev s 225J) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Notice about lopping trees etc on private lands 236 orig s 236 om 2001 No 44 amdt 1.4201 (prev s 225K) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Territory network operations affecting heritage significances 237 orig s 237 exp 1 January 2002 (s 241) (prev s 225L) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Notice to utilitiess 238 orig s 238 om R1 LRA (prev s 225M) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Removal of Territory's property and wastes 239 orig s 239 exp 1 January 2002 (s 241) (prev s 225N) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Land to be restoreds 240 orig s 240 exp 1 January 2002 (s 241) (prev s 225O) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Compensations 241 orig s 241 exp 1 January 2002 (s 241) (prev s 225P) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Authorised people and entry to premisessdiv 14.2.3 hdg ins A2005-14 s 9 Territory service authorised peoples 242 orig s 242 exp 20 June 2002 (s 247) (prev s 225Q) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) am A2011-22 amdt 1.454 Identity cardss 243 orig s 243 exp 21 June 2001 (IA s 43 (3)) (prev s 225R) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) am A2011-22 amdt 1.454 Entry to premises--territory network operationss 244 orig s 244 exp 20 June 2002 (s 247) (prev s 225S) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Entry to premises--inspection of connections etcs 245 orig s 245 exp 20 June 2002 (s 247) (prev s 225T) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Miscellaneoussdiv 14.2.4 hdg ins A2005-14 s 9 Order to enforce exercise of functionss 246 orig s 246 exp 20 June 2002 (s 247) (prev s 225U) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Ownership of territory network facilitiess 247 orig s 247 exp 20 June 2002 (s 247) (prev s 225V) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Protection of territory networksdiv 14.3 hdg ins A2005-14 s 9 Interference with territory networkss 248 orig s 248 om 2001 No 56 amdt 3.877 (prev s 225W) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Territory network protection noticess 249 orig s 249 exp 21 June 2001 (IA s 43 (3)) (prev s 225X) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) am A2005-51 amdt 1.29; ss renum R19 LA (see A2005-51 amdt 1.30) Territory network protection action affecting heritage significances 250 orig s 250 (1) exp 2 June 2001 (IA s 43 (3)) (2)-(6) exp 1 July 2001 (s 253) (prev s 225Y) ins A2005-14 s 9 renum R17 LA (see A2005-14 s 16) Vicarious liabilitypt 15 hdg orig pt 15 hdg renum as pt 16 hdg (prev pt 14 hdg) renum A2005-14 s 10 References in pt 15 to proceeding under this Acts 251 hdg (prev s 226 hdg) sub 2001 No 56 amdt 3.876; A2005-14 s 11s 251 orig s 251 exp 1 July 2001 (s 253) (prev s 226) am 2001 No 44 amdt 1.4195, amdt 1.4196; 2002 No 11 amdt 2.105; 2002 No 51 amdt 1.54 renum R17 LA (see A2005-14 s 16) Liability of corporationss 252 orig s 252 exp 1 July 2001 (s 253) (prev s 227) renum R17 LA (see A2005-14 s 16) Liability of people other than corporationss 253 hdg (prev s 228 hdg) am R8 LAs 253 orig s 253 am 2001 No 56 amdt 3.878 exp 1 July 2001 (s 253) (prev s 228) am 2002 No 11 amdt 2.106 renum R17 LA (see A2005-14 s 16) Miscellaneouspt 16 hdg orig pt 16 hdg om R5 LA (prev pt 15 hdg) renum A2005-14 s 12 First codesdiv 16.1 hdg om 2001 No 44 amdt 1.4201 Electricity Supply Acts, repeals and savingsdiv 16.2 hdg exp 1 January 2002 (s 241) Gas Supply Act, repeals and savingsdiv 16.3 hdg exp 20 June 2002 (s 247) Miscellaneousdiv 16.4 hdg exp 1 July 2001 (s 253) Determination of feess 254 (prev s 229) sub 2001 No 44 amdt 1.4197 am A2004-60 amdt 1.687 sub A2005-14 s 13 renum R17 LA (see A2005-14 s 16) am A2008-22 amdt 1.60; A2008-37 amdt 1.523 Approved forms--ICRCs 255 (prev s 229A) ins 2001 No 44 amdt 1.4197 am A2003-41 amdt 3.446 renum R17 LA (see A2005-14 s 16) Approved forms--Ministers 256 (prev s 229B) ins 2001 No 44 amdt 1.4197 am A2003-41 amdt 3.446 renum R17 LA (see A2005-14 s 16) Evidentiary certificate--Government programss 257 (prev s 230) renum R17 LA (see A2005-14 s 16) Evidence of authorisation by utilitys 258 (prev s 231) renum R17 LA (see A2005-14 s 16) Former water and sewerage rates schemes--extended operations 259 (prev s 232) renum R17 LA (see A2005-14 s 16) Compensation--safety nets 260 (prev s 233) am A2005-14 s 14 renum R17 LA (see A2005-14 s 16) Regulation-making powers 261 hdg (prev s 234 hdg) sub 2001 No 44 amdt 1.4198s 261 (prev s 234) am 2001 No 44 amdt 1.4199, amdt 1.4200; A2005-14 s 15 renum R17 LA (see A2005-14 s 16) Transitionalpt 17 hdg ins A2007-13 s 6 exp 9 July 2008 (s 401 (1)) Application of pt 3A (Energy industry levy)s 400 ins A2007-13 s 6 exp 9 July 2008 (s 401 (1)) Expiry--pt 17s 401 ins A2007-13 s 6 exp 9 July 2008 (s 401 (1)) Reviewable decisionssch 1 ins A2008-37 amdt 1.524 Dictionarydict am A2003-41 amdt 3.447; A2007-13 s 7; A2008-15 amdt 2.17; A2008-37 amdts 1.525-1.527; A2009-20 amdt 3.214;A2010-54 amdt 3.61; A2011-22 amdt 1.455 def administrator ins A2007-13 s 8 def annual licence fee am A2004-63 s 8 def approved meter ins 2001 No 56 amdt 3.879 def authorised person sub 2001 No 56 amdt 3.880 def complainant ins A2008-37 amdt 1.528 def complaint sub A2008-37 amdt 1.528 def connected ins 2001 No 56 amdt 3.881 def council sub A2008-22 amdt 1.61 om A2008-37 amdt 1.529 def customer debt ins 2001 No 56 amdt 3.881 sub A2008-37 amdt 1.530 def daily newspaper om A2009-20 amdt 3.215 def data storage device am A2003-41 amdt 3.448 def determined ins A2007-13 s 8 def determined fee om 2001 No 44 amdt 1.4202 def energy industry sector ins A2007-13 s 8 def energy utility ins A2007-13 s 8 def energy utility service ins A2007-13 s 8 def essential service ins A2005-31 s 5 def essential service restriction ins A2005-31 s 5 def fixed net regulatory cost ins A2007-13 s 8 def function om 2001 No 56 amdt 3.882 def gas distribution network ins 2001 No 56 amdt 3.883 def gas transmission network ins 2001 No 56 amdt 3.883 def ICRC inspector sub 2001 No 56 amdt 3.884 def industry code sub 2001 No 44 amdt 1.4203 def installation ins 2001 No 56 amdt 3.885 sub A2003-41 amdt 3.449; A2005-14 s 17 def interference ins 2001 No 56 amdt 3.885 sub A2003-41 amdt 3.449; A2005-14 s 17 def levy ins A2007-13 s 8 def levy year ins A2007-13 s 8 def local regulatory cost ins A2007-13 s 8 def national regulatory cost ins A2007-13 s 8 def national regulatory obligations ins A2007-13 s 8 def net regulatory cost ins A2007-13 s 8 def network sub 2001 No 56 amdt 3.886 def network operations sub 2001 No 56 amdt 3.886 def occupier sub 2001 No 56 amdt 3.886 def offence ins 2001 No 56 amdt 3.887 def owner am A2003-41 amdt 3.454; A2004-42 amdt 3.87 def party ins 2001 No 56 amdt 3.887 sub A2003-41 amdt 3.450 om A2008-37 amdt 1.531 def personal information sub 2001 No 56 amdt 3.888 def proceeding under this Act ins 2001 No 56 amdt 3.889 sub A2005-14 s 18 def registrar ins 2001 No 56 amdt 3.889 sub A2008-37 amdt 1.532 def regulatory cost ins A2007-13 s 8 def related law sub 2001 No 44 amdt 1.4204 def respondent ins 2001 No 56 amdt 3.889 sub A2003-41 amdt 3.451; A2008-37 amdt 1.533 def reviewable decision ins A2008-37 amdt 1.534 def stormwater drainage ins A2005-14 s 19 def stormwater network ins A2005-14 s 19 def stormwater network boundary ins A2005-14 s 19 def stormwater network code ins A2005-14 s 19 def streetlighting ins A2005-14 s 19 def streetlight network ins A2005-14 s 19 def streetlight network code ins A2005-14 s 19 def technical code sub 2001 No 44 amdt 1.4205 def technical inspector sub 2001 No 56 amdt 3.890 def territory network ins A2005-14 s 19 def territory network facility ins A2005-14 s 19 def territory network operations ins A2005-14 s 19 def territory network protection notice ins A2005-14 s 19 def territory service ins A2005-14 s 19 def territory service authorised person ins A2005-14 s 19 def utility sub 2001 No 56 amdt 3.890; A2008-37 amdt 1.535 def utility service am A2003-41 amdt 3.452 def withdrawal ins 2001 No 56 amdt 3.891 sub A2003-41 amdt 3.453; A2008-37 amdt 1.536 def year ins A2007-13 s 8 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 not amended 24 May 2001 2 Act 2001 No 56 5 September 2001 3 Act 2001 No 56 10 January 2002 4 Act 2002 No 11 29 May 2002 5 Act 2002 No 11 21 June 2002 6 Act 2002 No 51 1 January 2003 7 A2002-51 17 January 2003 8 A2003-41 9 October 2003 9 A2004-15 9 April 2004 10 A2004-15 13 April 2004 11 A2004-42 25 August 2004 12 A2004-63 3 September 2004 13 A2004-63 10 January 2005 14 A2004-63 9 March 2004 15 A2005-31 30 June 2005 16 A2005-31 2 July 2005 17* A2005-31 24 September 2005 18 A2005-62 11 January 2006 19 A2005-62 29 March 2006 20 A2007-19 9 July 2007 21 A2007-19 1 August 2007 22 A2007-22 6 September 2007 23 A2007-25 31 March 2008 24 A2008-15 1 July 2008 25 A2008-22 10 July 2008 26 A2008-22 29 July 2008 27 A2008-28 26 August 2008 28 A2008-37 2 February 2009 29 A2009-28 22 September 2009 30 A2009-28 1 October 2009 31 SL2009-51 31 October 2009 32 A2009-54 22 December 2009 33 A2010-54 1 January 2011 34 A2011-22 1 July 2011 6 Renumbered provisions This Act was renumbered under the Legislation Act 2001, in R17 (see Utilities Amendment Act 2005 A2005-14 s 16). Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R17. (c) Australian Capital Territory 2012 UTILITIES ACT 2000 - NOTES Australian Capital Territory A2000-65 Republication No 35 Effective: 1 January 2012 Republication date: 1 January 2012 Last amendment made by A2011-55Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Utilities Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2012 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2012 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Utilities Act 2000 Endnotes171 Australian Capital Territory Utilities Act 2000