Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsSchedule 1 Reviewable decisions
(see div 3.3A)
column 1 | column 2 | column 3 | column 4 |
|---|---|---|---|
|
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 |
(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:
• ACAT
• Australian Consumer Law (ACT)
• commissioner for revenue
• corporation
• daily newspaper
• director-general (see s 163)
• disallowable instrument (see s 9)
• exercise
• function
• magistrate
• Magistrates Court
• Minister (see s 162)
• National Gas (ACT) Law
• National Gas (ACT) Regulation
• national land
• notifiable instrument (see s 10)
• public servant
• reviewable decision notice
• State
• 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.