AUSTRALIAN CAPITAL TERRITORY

UTILITIES ACT 2000

DECLARATION UNDER SUBSECTION 18(1)

EXPLANATORY STATEMENT

INSTRUMENT NO. 93 OF 2001

The Utilities Act 2000 commenced on 1 January 2001.  Section 18(1) of this Act provides for the declaration of non-franchise customers, in relation to the supply of electricity, gas or water to stated premises or the premises of a stated class.

Non-franchise customers are in effect customers who have choice of supplier.  Other customers are franchise customers.

Under the Ministerial Declaration, a person who owns or occupies premises at which the consumption of electricity exceeds 100 megawatt hours per annum is declared to be a non-franchise customer. In accordance with section 18(2), the Declaration will allow consumers to elect to become non-franchise customers from 1 July 2001.  All customers in this category will automatically be categorised as non-franchise on 1 July 2002.