Australian Capital Territory
Utilities Legislation Amendment Act 2017
A2017-33
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Utilities Act 2000
	4	New section 15A	3
	5	New section 262	4
	6	New schedule 2	5
Part 3	Utilities (Technical Regulation) Act 2014
	7	New section 10A	7
Part 4	Utilities (Technical Regulation) Regulation 2017
	8	New section 2A	9

Australian Capital Territory
Utilities Legislation Amendment Act 2017
A2017-33

An Act to amend legislation about utilities, and for other purposes

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Utilities Legislation Amendment Act 2017.
2	Commencement
	(1)	This Act (other than sections 5 and 6 and part 4) 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)).
	(2)	Sections 5 and 6 and part 4 commence on 1 December 2017.
3	Legislation amended
This Act amends the following legislation:
·	Utilities Act 2000
·	Utilities (Technical Regulation) Act 2014
·	Utilities (Technical Regulation) Regulation 2017.

Part 2	Utilities Act 2000
4	New section 15A
insert
15A	Exempt classes of utility services
	(1)	A regulation may exempt a class of utility service from this Act if, after consulting the ICRC and having regard to the matters in subsection (2), the Minister is satisfied on reasonable grounds that—
	(a)	the class of utility service is, either—
	(i)	adequately regulated under another law applying in the ACT; or
	(ii)	not required to be regulated; and
	(b)	exempting the class of utility service will not significantly impede the ICRC achieving its objects under section 3.
	(2)	For subsection (1), the Minister must have regard to the following:
	(a)	the nature and kind of utility service;
	(b)	the level of risk of—
	(i)	a utility service in the class failing; or
	(ii)	a utility failing to provide a utility service in the class in a safe, reliable and effective way;
	(c)	the consequences for consumers, public safety and the environment if—
	(i)	a utility service in the class were to fail; or
	(ii)	a utility were to fail to provide a utility service in the class in a safe, reliable and effective way.
5	New section 262
insert
262	Utilities (General) Regulation 2017—sch 2
	(1)	The provisions set out in schedule 2 are taken, on the commencement of this section, to be a regulation made under section 261.
	(2)	To remove any doubt and without limiting subsection (1), the regulation may be amended or repealed as if it had been made by the Executive under section 261.
	(3)	Also to remove any doubt, the regulation is taken—
	(a)	to have been notified under the Legislation Act on the day the Utilities Legislation Amendment Act 2017 is notified; and
	(b)	to have commenced on the commencement of this section; and
	(c)	not to be required to be presented to the Legislative Assembly under the Legislation Act, section 64 (1).
	(4)	Subsections (1) to (3) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(5)	This section and schedule 2 expire on the day they commence.
6	New schedule 2
insert
Schedule 2	Utilities (General) Regulation 2017
(see s 262)

Australian Capital Territory
Utilities (General) Regulation 2017
Subordinate Law SL2017–
made under the
Utilities Act 2000

1	Name of regulation
This regulation is the Utilities (General) Regulation 2017.
2	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3	Exempt class of utility service—Act, s 15A
	(1)	An embedded network is an exempt class of utility service.
	(2)	In this section:
embedded network means an embedded network under the national electricity rules, chapter 10 (Glossary).
Note	National electricity rules is defined in the Act, dict.

Part 3	Utilities (Technical Regulation) Act 2014
7	New section 10A
in part 2, insert
10A	Exempt classes of regulated utility services
	(1)	A regulation may exempt a class of regulated utility service from this Act if, after consulting the technical regulator and having regard to the matters in subsection (2), the Minister is satisfied on reasonable grounds that—
	(a)	the class of regulated utility service is, either—
	(i)	adequately regulated under another law applying in the ACT; or
	(ii)	not required to be regulated; and
	(b)	exempting the class of regulated utility service will not significantly impede the objects under section 6 being achieved.
	(2)	For subsection (1), the Minister must have regard to the following:
	(a)	the nature and kind of regulated utility service;
	(b)	the level of risk of—
	(i)	a regulated utility service in the class failing; or
	(ii)	a regulated utility failing to provide a regulated utility service in the class in a safe, reliable and effective way;
	(c)	the consequences for consumers, public safety and the environment if—
	(i)	a regulated utility service in the class were to fail; or
	(ii)	a regulated utility were to fail to provide a regulated utility service in the class in a safe, reliable and effective way.

Part 4	Utilities (Technical Regulation) Regulation 2017
8	New section 2A
insert
2A	Exempt class of regulated utility service—Act, s 10A
	(1)	An embedded network is an exempt class of regulated utility service.
	(2)	In this section:
embedded network means an embedded network under the national electricity rules, chapter 10 (Glossary).
Note	National electricity rules is defined in the Act, dict.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 21 September 2017.
2	Notification
	Notified under the Legislation Act on 7 November 2017.
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 Legislation Amendment Bill 2017, which was passed by the Legislative Assembly on 24 October 2017. 

Acting Clerk of the Legislative Assembly

© Australian Capital Territory 2017