Australian Capital Territory
Utilities (Electricity Network Boundary Code) Determination 2013
Disallowable instrument DI2013–71
made under the  
Utilities Act 2000, s 59 (Determined codes) and s 63 (Public access)

1	Name of instrument
This instrument is the Utilities (Electricity Network Boundary Code) Determination 2013.
2	Commencement 
This instrument commences the day after it is notified. 
3	Revocation of code
The Commission revokes the Utilities (Electricity Network Boundary Code) Determination 2012 (DI2012-159). 
4	Determination of code
The Commission determines the attached Electricity Network Boundary Code.
5	Public access to documents
Copies of the Electricity Network  Boundary Code are available for inspection by members of the public between 9:00 am and 5:00 pm, Monday to Friday, at the Commission’s offices at Level 8, 221 London Circuit, Canberra City ACT and on the Commission’s website (www.icrc.act.gov.au). Copies of these documents can be made at the Commission’s offices. Electronic copies are available on request. No charge will apply.

Malcolm R Gray
Senior Commissioner
Independent Competition and Regulatory Commission
21 May 2013

Australian Capital Territory
 ICRC
Independent Competition and Regulatory Commission
	
	Electricity Network  Boundary Code
MAY 2013

TABLE OF CONTENTS
1	APPLICATION AND PURPOSE OF THIS CODE	3
1.1	Application	3
1.2	Purpose	3
2.	DICTIONARY	3
2.1	Dictionary	3
3.	BOUNDARIES OF ELECTRICITY NETWORK	3
3.1	Boundary Between Transmission Network and Electricity Network	3
3.2	Boundary Between Electricity Networks	3
3.3	Boundary between Electricity Network and Customers’ Premises	3
3.4	Code does not Prevent Parties Agreeing on Alternative Boundary Between Network and Customers’ Premises	4
DICTIONARY	5

1	APPLICATION AND PURPOSE OF THIS CODE
1.1	Application
This Code applies to Electricity Distributors.
1.2	Purpose
The purpose of this Code is to define the boundary between:
(1)	a Transmission Network and an Electricity Network;
(2)	the Electricity Network of one Person and the Electricity Network of another Person, where those Electricity Networks are connected;
(3)	an Electricity Distributor’s Electricity Network and a Customer’s Premises.
2.	DICTIONARY
2.1	Dictionary  
The dictionary at the end of this Electricity Network Boundary Code is part of this Code.

3.	BOUNDARIES OF ELECTRICITY NETWORK
3.1	Boundary Between Transmission Network and Electricity Network
The boundary between a Transmission Network and an Electricity Network is the Connection Point as defined in the National Electricity Rules.
3.2	Boundary Between Electricity Networks
(1)	The boundary between two Electricity Networks is the point agreed to by the Electricity Distributors whose Electricity Networks are connected and notified to the Technical Regulator and the ICRC. 
(2)	Electricity Distributors shall not connect their Electricity Networks unless they have agreed on the boundary between the Electricity Networks and notified it to the Technical Regulator and the ICRC.
3.3	Boundary between Electricity Network and Customers’ Premises 
(1)	The boundary between an Electricity Network and a Customer’s Premises is at the Customer’s side of the service fuse at:
(a)	the point of attachment of an overhead service line to the Customer’s building or structure: or
(b)	the point of entry of an underground service cable to the Customer’s building or structure; or
(c)	if neither paragraphs (a) nor (b) apply, as otherwise agreed under clause 3.4, subject to clause 3.3(2).
(2)	An Electricity Distributor may, taking into account industry standards, reasonably determine, with the agreement of the Technical Regulator and advised to the ICRC, the boundary between its Electricity Network and a Customer’s Premises.
3.4	Code does not Prevent Parties Agreeing on Alternative Boundary Between Network and Customers’ Premises
Despite any other provision in this Code, an Electricity Distributor and a Customer may, with the agreement of the Technical Regulator and advised to the ICRC:
(1)	agree in writing upon an alternative boundary between the Electricity Network and the Customer's Premises; and/or
(2)	define assets within a Customer's Premises to be part of the Electricity Network.

DICTIONARY

1.	“Act” means the Utilities Act 2000;
2.	“Connection Point” has the same meaning as in the National Electricity Rules;
3.	“Customer” 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.;
4.	“customer contract” means—
(a) a standard customer contract, made under the Act; 
(b) a negotiated customer contract, made under the Act; or
(c) a customer connection contract, made under the National Energy Retail Law;
5.	“Electricity Distributor” means a Person who holds a Utility Services Licence for the distribution of electricity;
6.	“Electricity Network” has the same meaning as in the Act;
7.	 “ICRC” means the Independent Competition and Regulatory Commission established under section 5 of the Independent Competition and Regulatory Commission Act 1997;
8.	“National Electricity Rules” means the Rules approved in accordance with the National Electricity Law;
9.	“National Energy Retail Law” means the National Energy Retail Law set out in the schedule to the National Energy Retail Law (South Australia) Act 2011 (SA), as amended from time to time.;
10.	“National Electricity Law” means the National Electricity Law agreed to be enacted by New South Wales, Victoria, South Australia, Queensland and the Territory pursuant to an agreement made on 9 May 1996 being the schedule (as amended from time to time) to the National Electricity Act 1996 (South Australia);
11.	“Person” includes a natural person, a firm, an unincorporated association or a body corporate; 
12.	“Premises” has the same meaning as in the Act;
13.	“Technical Regulator” means the administrative unit responsible for Part 5 of the Act;
14.	“Territory” means the Australian Capital Territory; 
15.	“Transmission Network” has the same meaning as in the National Electricity Rules;
16.	“Utility” means a Person who holds a Utility Services Licence; 
17.	“Utility Services Licence” means a licence granted to a Utility by the ICRC under the Act.