2004

THE LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY

UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004

Subordinate Law SL2004 - 61

EXPLANATORY STATEMENT

Circulated by the authority of

Jon Stanhope
Chief Minister
Utilities (Electricity Restrictions) Regulation 2004

Subordinate Law SL2004-61

Purpose

The Utilities (Electricity Restrictions) Regulation 2004 (regulation) is made under the Utilities Act 2000, section 234.  Its purpose is to provide for the introduction and enforcement of an electricity restriction scheme in the ACT.

Background

This regulation will overcome the current lack in legislation of provision for the imposition of restrictions on the use of electricity in times of electricity supply shortage.  The creation of a scheme of electricity restrictions is in keeping with one of the purposes of the Utilities Act, namely, to ensure the efficient provision of utility services (including the supply of electricity).  
Section 234 of the Utilities Act provides the Executive with the power to make provision in relation to the safe or efficient provision of utility services, including provision prohibiting or regulating activities to ensure the safe or efficient operation of a utility network or network facility.

Details of the regulation

Part 1 contains the preliminary provisions of the regulation.

Part 2 provides for the Minister to approve an electricity restriction scheme and to make a declaration of an electricity restriction stage, and for a licensed electricity distribution and connection services provider (the utility) to impose restriction measures when a declaration is in force.

Part 3 provides for the enforcement of electricity restrictions.

Part 1 – Preliminary

Section 1 provides that the name of the regulation is the Utilities (Electricity Restrictions) Regulation 2004.

Section 2 provides the commencement date of the regulation as the day after its notification.

Section 3 specifies that the dictionary for the regulation is part of the regulation.

Section 4 deals with notes found in the regulation and provides that such notes are for explanatory purposes and do not form part of the regulation.

Section 5 provides that other legislation applies in relation to offences against this regulation.

Part 2 – Electricity restriction scheme

Section 6 provides that the Minister may, in writing, approve an electricity restriction scheme (the scheme) if satisfied that the scheme is necessary to facilitate the provision of efficient, reliable and sustainable electricity services by utilities to consumers, to protect the interests of consumers and public safety, and to manage the safety and security of the electricity network.  The approval of the scheme is a disallowable instrument.

Section 7 specifies that, for the Minister to approve the scheme, the scheme must provide for the imposition of different stages of restriction on the use of electricity by consumers and a range of electricity restriction measures that may be imposed under each stage.  The scheme may include provision for the utility to exempt a consumer from restrictions where serious detriment could be caused.

Section 8 specifies that the chief executive must, in a notifiable instrument, specify a place where copies of documents describing the approved electricity restriction scheme (approved scheme) are available for inspection.

Section 9 provides that the Minister may, by notifiable instrument and in accordance with the approved scheme, declare that a specified stage of electricity restriction is in force and that restriction measures may be imposed by the utility under section 10 of this regulation.  

The declaration must also state the period for which the declaration is in force, but this period cannot exceed three (3) months.  However, to allow for the need for any extension beyond the three-month limit, the Minister may make more than one declaration in relation to the same stage of electricity restrictions.

Section 10 provides that the utility may, in writing, impose electricity restriction measures under a declared stage of restrictions, in accordance with the approved scheme.  The utility must ensure the publication and broadcasting by public notice of the restriction measures.  However, if this does not occur, the validity of the imposition of restriction measures is not affected.

To allow any necessary fine-tuning of the restriction measures, the utility may make subsequent impositions of the restriction measures under the declared stage of restrictions.

Section 11 provides that the Chief Executive may, in writing or orally, require the utility to produce reports about the effectiveness and operation of restrictions imposed.  The utility must comply with the requirement.  The Chief Executive may specify the content, frequency and timing of reports.  The purpose of this provision is to allow an assessment of the effectiveness of the approved electricity restriction scheme.

Section 12 provides that restrictions imposed under this regulation will continue to have effect during an emergency under the Emergencies Act 2004 (Emergencies Act), when the territory controller is exercising his or her functions, unless the restrictions are contradictory to the exercise of the territory controller’s functions.  The provision gives the territory controller the option of keeping any restrictions imposed under this regulation in place and active during an emergency.

Part 3 – Enforcement

Section 13 provides that ‘electricity restriction’ means ‘an electricity restriction imposed under section 9’ when it is used in Part 3 of the regulation.

Section 14 states that a person commits an offence if that person is the occupier of premises and electricity is used on the premises in contravention of electricity restriction measures which have been notified by public notice under section 10.  

Such an offence is a strict liability offence, which means that the offender is liable, irrespective of an absence of negligence or intention on his or her part.  However, if prosecuted for an offence against this section, proof by the offender that he or she did not know that the electricity restriction had been imposed is a defence to the prosecution.

Section 15 empowers an authorised person for the utility to give a written direction to an occupier of premises if the authorised person believes, on reasonable grounds, that the occupier is, or was and may continue, using electricity in contravention of an imposed restriction measure. The direction must state the action the occupier must take to ensure that electricity is used in accordance with the imposed restriction measures.  The direction may state the period in which the person must comply with the direction.  

The direction may also be given by leaving it in the person’s letterbox or securing it in a conspicuous position on the premises where the unauthorised use occurs.

Section 16 states that a person commits an offence if an authorised person has given the person a direction under section 15 and the person contravenes the direction.  An offence committed against this regulation is a strict liability offence.

Section 17 provides power for an authorised person of the utility to enter and inspect premises (other than parts used for residential purposes), and anything on the premises, if the authorised person believes, on reasonable grounds, that electricity is being used contrary to a restriction measure.  Such entry may occur at any reasonable time and with any necessary assistance and force.  On entry, the authorised person may take action specified in section 19 to end the unauthorised use of electricity.

Section 18 specifies that an authorised person must not remain on premises entered under Part 3 Enforcement, if the authorised person does not, when asked by the occupier, produce his or her identity card.

Section 19 provides for an authorised person, under specified circumstances, to cut off the electricity supply to a premises to end the unauthorised use of electricity where the authorised person believes, on reasonable grounds, that a person is contravening a direction given under section 15 and the direction is unlikely to end the contravention.

The authorised officer must give written notice stating the particulars of the action to be taken under this section.

Section 20 provides that any inconvenience, detriment or damage caused by the authorised person and any person helping the authorised person in the exercise of a function under this regulation be minimised, and that written notice must be given to the owner of anything damaged of the particulars of the damage.

Section 21 provides immunity from liability for a utility, an authorised person, a person helping an authorised person or anyone acting under the direction of a utility in relation to anything done or omitted to be done honestly in the exercise of a function under the regulation.