Queensland Consolidated Acts

COMMUNITY AMBULANCE COVER ACT 2003

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introductory provisions

   1.      Short title

           Division 2--Object and operation of Act

   3.      Objects of Act
   4.      Operation of Act
   5.      Act binds all persons
   6.      State not liable to be prosecuted for offence
   7.      Extra-territorial application

           Division 3--Interpretation

   8.      Definitions
   10.     Meaning of customer sale arrangement
   11.     Meaning of power card arrangement
   12.     Meaning of separate area
   13.     Meaning of separate non-domestic area
   13A.    Meaning of separate domestic area
   14.     Meaning of on-supply arrangement (type 1)
   15.     Meaning of on-supply arrangement (type 2)
   17.     Person may have more than 1 role

           Division 4--Annual levy and daily levy

   18.     Basis of imposition of levy
   19.     Annual levy
   20.     Daily levy
   21.     Failure to prescribe annual levy and notify daily levy for later financial year

           Part 2--Customer sale arrangements

           Division 1--Imposition of levy

   22.     Imposition of levy on customer sale arrangements
   23.     Imposition of levy if there are 2 or more customer sale arrangements in place
   24.     Operation of customer sale arrangement

           Division 2--Liability for levy

   25.     When liability for levy is imposed
   26.     Who is liable to pay levy
   27.     Consolidation arrangement does not affect liability for levy

           Division 3--Calculation of levy

   28.     Amount of levy

           Division 4--Exempt customer sale arrangements generally

   29.     Exemption from liability for levy
   30.     Exemption on 2 or more grounds

           Division 5--Particular exemptions

   31.     Exemption for later customer sale arrangements for separate area
   32.     Pensioner exemption
   33.     Farming shed exemption
   34.     Pump exemption
   35.     Hot water system exemption
   36.     Public park facility exemption
   37.     Security lighting exemption
   37A.    Exemption for equipment for medical condition
   37B.    Retirement village common account exemption
   37C.    Building common account exemption (type 1)
   37D.    Building common account exemption (type 2) (2 pensioner occupiers)
   37E.    Building common account exemption (type 2) (1 pensioner occupier)
   37F.    Building common account exemption (type 2) (no pensioner occupiers)
   37G.    Commonwealth exemption
   37H.    State exemption
   37I.    Local government exemption
   37IA.   SEQ water distributor-retailer exemption
   37J.    Exemption for religious bodies and other institutions

           Part 3--Power card arrangements

           Division 1--Imposition of levy

   38.     Imposition of levy on power card arrangements

           Division 2--Liability for levy

   39.     Who is liable to pay levy
   40.     Levy on each power card arrangement

           Division 3--Calculation of levy

   41.     Amount of levy

           Division 4--Exempt power card arrangements generally

   42.     Exemption from liability for levy
   43.     Exemption on 2 or more grounds

           Division 5--Particular exemptions

   44.     Exemption for later power card arrangements for separate area
   45.     Pensioner exemption
   46.     Farming shed exemption
   47.     Pump exemption
   47A.    Hot water system exemption
   47B.    Public park facility exemption
   47C.    Security lighting exemption
   47D.    Exemption for equipment for medical condition
   47E.    Retirement village common account exemption
   47F.    Building common account exemption (type 1)
   48.     Commonwealth exemption
   49.     State exemption
   50.     Local government exemption
   50A.    SEQ water distributor-retailer exemption
   51.     Exemption for religious bodies and other institutions

           Part 4--On-supply arrangements

           Division 1--Imposition of levy

   52.     Imposition of levy on on-supply arrangements

           Division 2--Liability for levy

   53.     Who is liable to pay levy
   54.     Consolidation arrangement does not affect liability for levy

           Division 3--Calculation of levy

   55.     Amount of levy

           Division 4--Exempt on-supply arrangements generally

   56.     Exemption from liability for levy
   57.     Exemption on 2 or more grounds

           Division 5--Particular exemptions

   58.     Pensioner exemption
   59.     Farming shed exemption
   60.     Commonwealth exemption
   61.     State exemption
   62.     Local government exemption
   62A.    SEQ water distributor-retailer exemption
   63.     Exemption for religious bodies and other institutions

           Part 6--Electricity retailers as agents of commissioner

   79.     General nature and extent of agency of electricity retailer
   80.     Role and functions of electricity retailer
   81.     Authorised subcontractors to perform electricity retailer's functions
   81A.    When commissioner's approval not required for contract
   81B.    When authorised subcontractor not permitted to subcontract under s 81(2)
   82.     Administration agreement
   83.     Administration fee
   84.     Giving information to the commissioner
   85.     Commissioner may perform electricity retailer's obligations
   86.     Commissioner may give directions

           Part 7--Payment, recovery and refunds of levy

           Division 1--Statement of levy liability

   87.     Statement of levy liability
   88.     Statement of levy liability for power card arrangement
   89.     Replacement statement of levy liability

           Division 2--Notification requirements for customer sale arrangements

   90.     Notification requirement for exemption for customer sale arrangement
   90A.    Notification requirement for exemption for previous customer sale arrangement
   90B.    When notification for exemption for customer sale arrangement taken to have been given
   91.     Notification requirement for loss of exemption for customer sale arrangement
   91A.    Notification requirement for loss of exemption for previous customer sale arrangement

           Division 3--Notification requirements for power card arrangements

   92.     Notification requirement for exemption for power card arrangement
   92B.    Special provision for notification of hot water system exemption for power card arrangement instead of s 92(3) and (4)
   93.     Notification requirement for loss of exemption for power card arrangement

           Division 4--Notification requirements for on-supply arrangements

   94.     Notification requirement for exemption for on-supply arrangement
   95.     Notification requirement for loss of exemption for on-supply arrangement
   96.     Returns and notices

           Division 6--Special notification provisions

   99.     Particular exemptions taken to be notified under div 2, 3 or 4
   100.    Notification for government exemptions

           Division 7--Payment of levy

   101.    Payment of levy amount shown in statement of levy liability
   102.    Priority of application of payment
   103.    Payment to commissioner of received levy amounts
   104.    Voluntary contributions
   105.    Requirement to pay shortfall amount
   105A.   Requirement to pay shortfall amount for previous customer sale arrangement

           Division 8--Refund of overpaid levy

   106.    Refund made only under this division
   107.    Refund of overpaid levy for electricity sale arrangement
   107A.   Refund of overpaid levy for previous customer sale arrangement
   108.    Refund on issue of replacement statement of levy liability
   109.    No interest on refund

           Division 9--Waiving payment and writing-off liability

   110.    Waiver of levy liability
   111.    Effect of writing-off levy liability

           Division 10--Action for non-payment

   112.    Recovery of unpaid levy amount
   113.    Disconnection of electricity supply
   114.    Unpaid levy amount is a debt to the State

           Division 11--Miscellaneous provisions for power card arrangements

   115.    Ability of owner to recover levy amount
   116.    Recovery of levy by owner
   117.    Failure to notify electricity retailer of exemption information
   118.    Payment of refund to entitled person
   119.    No recovery from Commonwealth

           Division 12--Miscellaneous provisions for on-supply arrangements

   120.    Ability of on-supplier to recover levy amount
   121.    Recovery of levy by on-supplier
   121A.   Recovery of levy by on-supplier before statement of levy liability
   121B.   Subsequent recovery entitlements
   122.    Failure to notify electricity retailer of exemption information
   123.    Payment of refund to entitled person
   124.    No recovery from Commonwealth

           Division 13--Limitations on levy recovery

   124A.   Recovery of levy amount prohibited for common account exemptions
   124B.   Recovery of levy amount from pensioner prohibited for customer sale arrangement

           Part 8--Late payments

   125.    Unpaid levy interest
   126.    Commissioner may remit unpaid levy interest

           Part 9--Review of decisions

           Division 1--Objections

   127.    Who may lodge objection
   128.    Requirements for lodging objection
   129.    Onus of proof of objection
   130.    Deciding objection
   131.    Notice of decision

           Division 2--Reviews by QCAT

   132.    Applications for review of decisions
   133.    QCAT to decide review on evidence before the commissioner
   134.    Representation of parties before QCAT

           Division 3--Decisions not subject to objection, appeal or review

   138.    What is a non-reviewable decision
   139.    Effect of a non-reviewable decision
   140.    Application of Judicial Review Act 1991

           Part 10--Application of Taxation Administration Act 2001

           Division 1--Preliminary

   141.    This Act as a revenue law for Administration Act

           Division 2--Confidentiality

   142.    Application of Administration Act, s 111
   143.    Use of information obtained under taxation law

           Division 3--Record keeping

   144.    Requirement to keep records for levy

           Division 4--Enforcement and legal proceedings

   145.    Failure to give notice
   146.    Prohibition on giving false or misleading documents to electricity retailer, on-supplier or owner
   147.    Prohibition on giving false or misleading information to electricity retailer, on-supplier or owner
   148.    Evidentiary provision for statements of levy liability

           Division 5--Giving and lodging documents

   149.    Additional ways of giving documents to commissioner
   150.    Requirement if electricity retailer or authorised subcontractor given document for commissioner
   151.    Giving document if more than 1 electricity customer liable to pay levy amount for electricity sale arrangement

           Division 6--Miscellaneous

   152.    Lodgement requirement

           Part 11--Miscellaneous

   153.    Approved forms
   154.    Regulation-making power

           Part 12--Transitional provision for Electricity and Other Legislation Amendment Act 2006

   155.    Negotiated retail contract entered into under the Electricity Act, s 312(2)

           Part 13--Transitional provisions for Community Ambulance Cover and Other Acts Amendment Act 2007

   156.    Definitions for pt 13
   157.    When notification for exemption for corresponding arrangements taken to have been given
   158.    Notification requirement for exemption for standard contract or contestable sale arrangement under pre-amended Act—corresponding arrangements
   159.    Refund of overpaid levy for standard contract or contestable sale arrangement under pre-amended Act—corresponding arrangements
   160.    Notification requirement for exemption for standard contract or contestable sale arrangement under pre-amended Act—new arrangements
   161.    Refund of overpaid levy for standard contract or contestable sale arrangement under pre-amended Act—new arrangements
   162.    Notification requirement for loss of exemption for standard contract or contestable sale arrangement under pre-amended Act
   163.    Requirement to pay shortfall amount for standard contract or contestable sale arrangement under pre-amended Act

           Part 14--Transitional provisions for Revenue and Other Legislation Amendment Act 2010

   164.    Exemption under s 48(b)
   165.    Exemption under s 60(b)
           SCHEDULE -- DICTIONARY
           Endnotes