Australian Capital Territory
Utilities (Electricity Restrictions) Regulation 2004    
SL2004-61
made under the
Utilities Act 2000
Republication No 2
Effective:  22 September 2009 – 19 August 2010
Republication date: 22 September 2009
Last amendment made by A2009-20

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Utilities (Electricity Restrictions) Regulation 2004, made under the Utilities Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 September 2009.  It also includes any amendment, repeal or expiry affecting the republished law to 22 September 2009.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Utilities (Electricity Restrictions) Regulation 2004
made under the
Utilities Act 2000
    
Contents
	Page
Part 1	Preliminary
	1	Name of regulation	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against regulation—application of Criminal Code etc	3
Part 2	Electricity restriction scheme
	6	Approved electricity restriction scheme	4
	7	Scope of electricity restriction scheme	4
	8	Public inspection of scheme documents	5
	9	Declaration of electricity restriction stages	5
	10	Utility may impose electricity restriction measures	6
	11	Reports on electricity restrictions	6
	12	State of emergency	6
Part 3	Enforcement
	13	Meaning of electricity restriction for pt 3	7
	14	Contravening electricity restrictions	7
	15	Directions by authorised people	7
	16	Contravening directions of authorised person	8
	17	Power to enter premises	8
	18	Production of identity card	9
	19	Ending unauthorised use of electricity	9
	20	Damage etc to be minimised	10
	21	Immunity from Liability	11
Dictionary		12
Endnotes
	1	About the endnotes	13
	2	Abbreviation key	13
	3	Legislation history	14
	4	Amendment history	14
	5	Earlier republications	15

Australian Capital Territory
Utilities (Electricity Restrictions) Regulation 2004     

made under the
Utilities Act 2000

    

  

 

Part 1	Preliminary
1	Name of regulation
This regulation is the Utilities (Electricity Restrictions) Regulation 2004.
3	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘territory controller—see the Emergencies Act 2004, dictionary’ means that the term ‘territory controller’ is defined in that dictionary and the definition applies to this regulation.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	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.
5	Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Electricity restriction scheme
6	Approved electricity restriction scheme
	(1)	The Minister may approve a scheme to restrict the use of electricity (the approved electricity restriction scheme) if satisfied that the scheme is necessary to—
	(a)	facilitate, as far as practicable, the provision of efficient, reliable and sustainable electricity services by utilities to consumers; or
	(b)	protect the interests of consumers; or
	(c)	manage the safety and security of the electricity network; or
	(d)	protect public safety.
	(2)	An approval is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
7	Scope of electricity restriction scheme
	(1)	The Minister may approve an electricity restriction scheme under section 6 only if the scheme provides for—
	(a)	the imposition of restrictions in different stages; and
	(b)	a range of restriction measures that may be imposed under each stage.
	(2)	An approved electricity restriction scheme may include provision for a utility to exempt a consumer from an electricity restriction if the restriction would cause the consumer serious detriment.
8	Public inspection of scheme documents
	(1)	The chief executive must name a place where copies of a document or documents setting out the approved electricity restriction scheme may be inspected.
	(2)	An instrument under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
9	Declaration of electricity restriction stages
	(1)	The Minister may declare that a stage of an approved electricity restriction scheme is in force.
	(2)	The declaration must be in accordance with the approved electricity restriction scheme.
	(3)	The declaration must state—
	(a)	the stage to which it applies; and
	(b)	the restriction measures, including their duration or maximum duration, that may be imposed under that stage; and
	(c)	that a utility may, under section 10, impose those restriction measures; and
	(d)	the period (not longer than 3 months) the declaration is in force.
	(4)	To remove any doubt, the Minister may make more than 1 declaration in relation to the same stage of electricity restrictions.
	(5)	A declaration is a notifiable instrument.
Note 1	A notifiable instrument must be notified under the Legislation Act.
Note 2	The power to make a declaration includes the power to revoke the declaration (see Legislation Act, s 46).
10	Utility may impose electricity restriction measures
	(1)	A utility may, in writing, impose electricity restriction measures under an electricity restriction stage in force under section 9.
	(2)	The imposition must be in accordance with the approved electricity restriction scheme.
	(3)	As soon as possible after imposing electricity restriction measures, the utility must ensure that public notice of the imposition is—
	(a)	broadcast in the ACT by television or radio; and
	(b)	published on the utility’s internet web site; and
	(c)	published in a daily newspaper.
	(4)	To remove any doubt, the utility may make more than 1 imposition of electricity restriction measures under an electricity restriction stage in force under section 9.
	(5)	A failure to comply with subsection (3) does not affect the validity of the imposition.
11	Reports on electricity restrictions
	(1)	The chief executive may require a utility to give the chief executive reports about the effectiveness and operation of restrictions imposed under an approved electricity restriction scheme.
	(2)	The requirement may include requirements about the content, frequency and timing of reports.
	(3)	A utility must comply with the requirement.
12	State of emergency
Restrictions imposed under this regulation have effect subject to the exercise of a function by the territory controller under the Emergencies Act 2004.

Part 3	Enforcement
13	Meaning of electricity restriction for pt 3
In this part:
electricity restriction means an electricity restriction imposed under section 9 (Declaration of electricity restriction stages).
14	Contravening electricity restrictions
	(1)	A person commits an offence if—
	(a)	the person is the occupier of premises; and
	(b)	electricity is used on the premises in contravention of an electricity restriction; and
	(c)	the electricity restriction has been notified by public notice under section 10 (Utility may impose electricity restriction measures).
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant did not know the electricity restriction had been imposed.
15	Directions by authorised people
	(1)	This section applies if an authorised person believes on reasonable grounds that—
	(a)	electricity has been used, or is being used, on premises in contravention of an electricity restriction; or
	(b)	electricity has been used on premises in contravention of an electricity restriction and that a further contravention is likely.
	(2)	The authorised person may give the occupier of the premises a written direction to take action stated in the direction to ensure that electricity is used in accordance with the electricity restrictions.
	(3)	It is sufficient if the direction is addressed to ‘the occupier’ of the premises.
	(4)	The direction may state a period in which the person must comply with the direction.
	(5)	The direction may also be given—
	(a)	by leaving it in the letterbox at the premises; or
	(b)	by securing it in a conspicuous place at the premises.
Note	For other ways in which the direction may be given, see the Legislation Act, pt 19.5.
16	Contravening directions of authorised person
	(1)	A person commits an offence if—
	(a)	an authorised person has given the person a direction under section 15; and
	(b)	the person contravenes the direction.
Maximum penalty: 10 penalty units.
	(2)	An offence against this section is a strict liability offence.
17	Power to enter premises
	(1)	This section applies if an authorised person believes on reasonable grounds that electricity has been used, or is being used, on premises in contravention of an electricity restriction.
	(2)	For this regulation, an authorised person may enter any part of the premises (other than a part used for residential purposes) at any reasonable time, and—
	(a)	inspect the premises and anything on the premises; and
	(b)	take action under section 19 (Ending unauthorised use of electricity).
	(3)	For subsection (2), the authorised person may enter the premises with any necessary assistance and force.
18	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.
19	Ending unauthorised use of electricity
	(1)	An authorised person may arrange to stop the supply of electricity from the electricity network to premises if the person believes on reasonable grounds that a person is contravening a direction under section 15 (Directions by authorised people); or
	(2)	An authorised person may also arrange to stop the supply of electricity from the electricity network to premises  if the authorised person believes on reasonable grounds that—
	(a)	electricity is being used on premises in contravention of an electricity restriction; and
	(b)	a direction under section 15 is unlikely to end the contravention because, for example—
	(i)	the premises are unoccupied (whether temporarily or permanently); or
	(ii)	after making reasonable inquiries, the authorised person cannot find the occupier of the premises; or
	(iii)	the occupier is unlikely to comply with the direction; and
	(c)	the contravention is likely to continue unless action is taken under this section.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The authorised person must give the occupier of the premises a written notice stating that the supply of electricity will be stopped.
	(4)	It is sufficient if the notice is addressed to ‘the occupier’ of the premises.
	(5)	The notice may also be given—
	(a)	by leaving it in the letterbox at the premises; or
	(b)	by securing it in a conspicuous place at the premises.
Note	For other ways in which the direction may be given, see the Legislation Act, pt 19.5.
20	Damage etc to be minimised
	(1)	In the exercise, or purported exercise, of a function under this regulation, an authorised person must take reasonable steps to ensure that the authorised person, and anyone helping the authorised person, causes as little inconvenience, detriment and damage as is practicable.
	(2)	If an authorised person, or anyone helping an authorised person, damages anything in the exercise, or purported exercise, of a function under this regulation, the authorised person must give written notice of the particulars of the damage to the person whom the authorised person believes is the owner of the thing.
	(3)	It is sufficient if the notice is addressed to ‘the occupier’ of the premises where the damage happened.
	(4)	The notice may also be given—
	(a)	by leaving it in the letterbox at the premises where the damage happened; or
	(b)	by securing it in a conspicuous place at those premises.
Note	For other ways in which the direction may be given, see the Legislation Act, pt 19.5.
21	Immunity from Liability
	(1)	A utility, an authorised person, a person helping an authorised person or anyone acting under the direction of a utility, is not liable for anything done or omitted to be done honestly—
	(a)	in the exercise of a function under this regulation; or
	(b)	in the reasonable belief that the act or omission was in the exercise of a function under this regulation.
	(2)	Any liability that, apart from subsection (1), would attach to a person attaches instead to the Territory.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	contravene
·	daily newspaper
·	Minister (see s 162).
Note 3	Terms used in this regulation have the same meaning that they have in the Utilities Act 2000 (see Legislation Act, s 148.)  For example, the following terms are defined in the Utilities Act 2000, dict:
·	authorised person
·	premises.
approved electricity restriction scheme—see section 6.
electricity restriction, for part 3 (Enforcement)—see section 13.
identity card means an identity card issued under section 115 of the Act identifying a person as an authorised person for this regulation.
territory controller—see the Emergencies Act 2004, dictionary.
utility means electricity distributor.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Utilities (Electricity Restrictions) Regulation 2004 SL2004-61
notified LR 21 December 2004
s 1, s 2 commenced 21 December 2004 (LA s 75 (1))
remainder commenced 22 December 2004 (s 2)
as amended by
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.75
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.75 commenced 22 September 2009 (s 2)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Approved electricity restriction scheme
s 6	am A2009-20 amdt 3.217
Public inspection of scheme documents
s 8	am A2009-20 amdt 3.217
Declaration of electricity restriction stages
s 9	am A2009-20 amdt 3.217
Dictionary
dict	am A2009-20 amdt 3.216

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
22 Dec 2004	22 Dec 2004–
21 Sept 2009	not amended	new regulation	

©  Australian Capital Territory 2009