Australian Capital Territory
Utilities (Shortage of Essential Services) Amendment Act 2005
A2005-31

An Act to amend the Utilities Act 2000

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Utilities (Shortage of Essential Services) Amendment Act 2005.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Utilities Act 2000.
4	New part 9A
insert
Part 9A	Shortage of essential services
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.
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.
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.
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.
5	Dictionary, definitions of essential service and essential service restriction
insert
essential service—see section 149A.
essential service restriction—see section 149A.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 5 May 2005.
2	Notification
	Notified under the Legislation Act on 29 June 2005.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Utilities (Shortage of Essential Services) Amendment Bill 2005, which was passed by the Legislative Assembly on 23 June 2005.

Clerk of the Legislative Assembly

© Australian Capital Territory 2005