National Electricity (Queensland) Law (Qld)

National Electricity (Queensland) Law Editor's note— The National Electricity Law is applied (with modifications) as a law of Queensland by the Electricity—National Scheme (Queensland) Act 1997. This version is the Law as it applies in Queensland—see the Electricity—National Scheme (Queensland) Act 1997, section 6. It is intended a new reprint of the National Law will be prepared by the Office of the Queensland Parliamentary Counsel when any change in the National Law takes effect.

Part 1 Preliminary

1 Citation This Law may be referred to as the National Electricity (Queensland) Law.

2 Definitions (1) In this Law— access determination means a determination of the AER under Part 10; access dispute has the meaning given by section 2A; additional advisory functions—AEMO's additional advisory functions are as set out in section 50B(1); additional Minister initiated Rules means Rules made under Part 7 Division 2 (other than section 90) by the Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia; adoptive jurisdiction means (according to context)— (a) a participating jurisdiction for which AEMO is authorised to exercise its additional advisory functions; or (b) a participating jurisdiction for which AEMO is authorised to exercise its declared network functions; AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia; AEMC initiated Rule means a Rule of the kind referred to in section 91(2); AEMO amendments means— (a) the amendments to this Law made by the National Electricity (South Australia) (National Electricity Law—Australian Energy Market Operator) Amendment Act 2009; and (b) the amendments to the Rules made by the National Electricity (South Australia) (National Electricity Rules—Australian Energy Market Operator) Amendment Rules 2009; AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth; AER economic regulatory decision means a decision (however described) of the AER under this Law or the Rules performing or exercising an AER economic regulatory function or power; AER economic regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to— (a) the economic regulation of services provided by— (i) a regulated distribution system operator by means of, or in connection with, a distribution system; or (ii) a regulated transmission system operator or AEMO by means of, or in connection with, a transmission system; or (b) the preparation of a network service provider performance report; or (c) the making of a transmission determination or distribution determination; or (d) an access determination; Note— The application of a rate of return instrument under this Law is an AER economic regulatory function or power. See section 18V(2). AER market liquidity obligation functions means the functions conferred on the AER under section 15(1)(eba); AER trial waiver functions means the functions conferred on the AER under Part 3 Division 1D; AER wholesale market monitoring functions—the AER wholesale market monitoring functions are as set out in section 18C(1); AER wholesale market reporting functions—the AER wholesale market reporting functions are as set out in section 18C(2); annual turnover has the same meaning as in section 2(1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth; application Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law; associate in relation to a person has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13, 16(2) and 17 did not form part of that Act; augmentation of a transmission or distribution system means work to enlarge the system or to increase its capacity to transmit or distribute electricity; augmentation connection agreement means an agreement for connecting an augmentation to a declared shared network; Australian Energy Market Operator or AEMO means Australian Energy Market Operator Limited (ACN 072 010 327); Note— Before its change of name, AEMO was known as NEMMCO. CDR data has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth; CDR provisions has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth; changeover date means 1 July 2009 or some other date fixed as the changeover date by Ministerial Gazette notice; civil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings but does not include a liability for a civil penalty or an infringement penalty under this Law or a liability for the costs of a proceeding; civil penalty—see section 2AB; civil penalty provision—see section 2AA(1); conduct provision—see section 2AA(2); connection service means a connection service within the meaning of the Rules; constituent components, in relation to a relevant regulatory decision, means the matters that constitute the elements or components of the relevant regulatory decision and on which that relevant regulatory decision is based and includes— (a) matters that go to the making of the relevant regulatory decision; and (b) decisions made by the AER for the purposes of the relevant regulatory decision; Court means— (a) where this Law applies as a law of the Commonwealth, the Federal Court; (b) where this Law applies as a law of a participating jurisdiction that is a State or a Territory, the Supreme Court of that jurisdiction; data holder has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth; derogation means a jurisdictional derogation or participant derogation; declared network functions—AEMO's declared network functions are as set out in section 50C(1); declared power system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; declared shared network of an adoptive jurisdiction means the adoptive jurisdiction's declared transmission system excluding any part of it that is a connection asset within the meaning of the Rules; declared transmission system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction and includes any augmentation of the defined declared transmission system; declared transmission system operator of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; designated energy sector means an energy sector designated under section 56AC of the Competition and Consumer Act 2010 of the Commonwealth; direct control network service has the meaning given by section 2B; Dispute resolution panel means a person or panel of persons appointed under the Rules to hear and determine a rule dispute; distribution determination means a determination of the AER under the Rules that regulates any 1 or more of the following: (a) the terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a distribution system charges or may charge for those services; (b) the revenue an owner, controller or operator of a distribution system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules; distribution reliability standard means a standard imposed by or under the Rules or jurisdictional electricity legislation relating to the reliability or performance of a distribution system; distribution service standard means a standard relating to the standard of services provided by a regulated distribution system operator by means of, or in connection with, a distribution system imposed— (a) by or under jurisdictional electricity legislation; or (b) by the AER in accordance with the Rules; distribution system means the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity that the Rules specify as, or as forming part of, a distribution system and includes a regulated stand-alone power system to the extent provided by the Rules; distribution system safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to— (a) the safe distribution of electricity in that jurisdiction; or (b) the safe operation of a distribution system in that jurisdiction; draft Rule determination means a determination of the AEMC under section 99; ECA amendments means the amendments to this Law made by the Statutes Amendment (Energy Consumers Australia) Act 2014 of South Australia; effective competition, for Part 3 Division 1A—see section 18B; electricity contract, for Part 3 Division 1A—see section 18A; electricity network service means a service provided by means of, or in connection with, a transmission system or distribution system; electricity services means services that are necessary or incidental to the supply of electricity to consumers of electricity, including— (a) the generation of electricity; (b) electricity network services; (c) the sale of electricity; end user means a person who acquires electricity for consumption purposes, and includes a retail customer; Energy Consumers Australia or ECA means the company incorporated, or to be incorporated, by the name Energy Consumers Australia Limited; energy ombudsman has the same meaning as in the National Energy Retail Law; Energy Security Board means the Board established by the MCE on 14 July 2017 to provide the MCE with advice for the purposes of— (a) whole-of-system oversight for energy security and reliability of the national electricity market; and (b) improving long-term planning for the national electricity market; Federal Court means the Federal Court of Australia; final Rule determination means a determination of the AEMC under section 102; financial risk management product, for Part 3 Division 1A—see section 18A; form of regulation factors has the meaning given by section 2F; general market information order means an order under section 53(1)(a) requiring information from persons of a class specified in the order; general regulatory information order has the meaning given by section 28C; initial National Electricity Rules means the National Electricity Rules made under section 90; innovative trial principles—see section 7B; interconnected national electricity system means the interconnected transmission and distribution system in this jurisdiction and in the other participating jurisdictions used to convey and control the conveyance of electricity to which are connected— (a) generating systems and other facilities; and (b) loads settled through the wholesale exchange operated and administered by AEMO under this Law and the Rules; jurisdictional derogation means a Rule made at the request of a Minister of a participating jurisdiction that— (a) exempts, in a specified case or class of cases, a person or a body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or a class of such a person or body, or AEMO, from complying with a provision, or a part of a provision, of the Rules in the participating jurisdiction to which the derogation relates; or (b) modifies or varies the application of a provision of the Rules (with or without substitution of a provision of the Rules or a part of a provision of the Rules) to a person or a body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or a class of such a person or body, or AEMO, in the participating jurisdiction to which the derogation relates; jurisdictional electricity legislation means an Act of a participating jurisdiction (other than national electricity legislation), or any instrument made or issued under or for the purposes of that Act, that regulates the generation, transmission, distribution, supply or sale of electricity in that jurisdiction; jurisdictional regulator means— (a) if this Law is applied as a law of the State of New South Wales— (i) the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5(1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales; or (ii) if the functions or powers of the Independent Pricing and Regulatory Tribunal of New South Wales under this Law are transferred to the AER by or under a law of New South Wales, the AER; (b) if this Law is applied as a law of the State of Victoria— (i) the Essential Services Commission established by section 7(1) of the Essential Services Commission Act 2001 of Victoria; or (ii) if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of Victoria, the AER; (c) if this Law is applied as a law of the State of Queensland— (i) the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland; or (ii) if the functions or powers of the Queensland Competition Authority under this Law are transferred to the AER by or under a law of Queensland, the AER; (d) if this Law is applied as a law of the State of South Australia— (i) the Essential Services Commission established by section 4(1) of the Essential Services Commission Act 2002 of South Australia; or (ii) if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of South Australia, the AER; (e) if this Law is applied as a law of the Australian Capital Territory— (i) the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5(1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory; or (ii) if the functions or powers of the Independent Competition and Regulatory Commission for the Australian Capital Territory under this Law are transferred to the AER by or under a law of the Australian Capital Territory, the AER; (f) if a person or body referred to in paragraphs (a) to (e) is abolished under an Act of a participating jurisdiction and another person or body is established under an Act of that participating jurisdiction with functions and powers that correspond to the functions and powers of the person or body referred to in paragraphs (a) to (e), that other person or body; (g) if the functions and powers of a person or body referred to in paragraphs (a) to (e) are transferred to another person or body established under an Act of the relevant participating jurisdiction, that other person or body; (h) any other person or body established under an Act of a participating jurisdiction that is prescribed by the Regulations as a jurisdictional regulator of that jurisdiction; jurisdictional system security coordinator means a person appointed under section 110; liable entity—see section 14D; listed corporation has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth; market information instrument means a general market information order or a market information notice; market information notice means a notice under section 53(1)(b) requiring information from the person to whom the notice is addressed; market liquidity obligation means the obligation imposed by Rules made under Schedule 1 item 6G and includes matters related to the obligation; market monitoring information notice, for Part 3 Division 1A—see section 18EC; market monitoring information order, for Part 3 Division 1A—see section 18EC; MCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows: (a) 1 Minister from the Commonwealth; (b) 1 Minister from each State (totalling 6 Ministers); (c) 1 Minister from each Territory (totalling 2 Ministers), acting in accordance with its own procedures; MCE directed review means a review conducted by the AEMC under Division 4 of Part 4; MCE statement of policy principles means a statement of policy principles issued by the MCE under section 8; Ministerial Gazette notice means a notice in the South Australian Government Gazette published by the South Australian Minister on the recommendation of the MCE; Ministerial pilot metering determination means a determination made under section 118B; Ministerial smart metering determination means— (a) (Repealed) (b) a Ministerial pilot metering determination; Minister of a participating jurisdiction means a Minister who is a Minister of a participating jurisdiction within the meaning of section 6; monitored market, for Part 3 Division 1A—see section 18A; National Electricity Code means the code of conduct called the National Electricity Code approved, in accordance with section 6(1) of the old National Electricity Law, as the initial Code for the purposes of that Law, and as amended from time to time in accordance with its terms and the old National Electricity Law; national electricity legislation means— (a) the National Electricity (South Australia) Act 1996 of South Australia and Regulations in force under that Act; and (b) the National Electricity (South Australia) Law; and (c) an Act of a participating jurisdiction (other than South Australia) that applies, as a law of that jurisdiction, any part of— (i) the Regulations referred to in paragraph (a); or (ii) the National Electricity Law set out in the Schedule to the Act referred to in paragraph (a); and (d) the National Electricity Law set out in the Schedule to the Act referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia); and (e) the Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia); national electricity market means— (a) the wholesale exchange operated and administered by AEMO under this Law and the Rules; and (b) the national electricity system; national electricity objective means the objective set out in section 7; National Electricity Rules or Rules means— (a) the initial National Electricity Rules; and (ab) additional Minister initiated Rules; and (b) Rules made by the AEMC under this Law, including Rules that amend or revoke— (i) the initial National Electricity Rules or additional Minister initiated Rules; or (ii) Rules made by it; national electricity system means— (a) the generating systems and other facilities owned, controlled or operated in the participating jurisdictions connected to the interconnected national electricity system; and (b) the interconnected national electricity system; and (c) regulated stand-alone power systems; 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 of South Australia; National Energy Retail Rules has the same meaning as in the National Energy Retail Law; National Gas Law means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; National Gas Rules has the same meaning as in the National Gas Law; national transmission grid means the transmission systems that form part of the interconnected national electricity system; National Transmission Planner means AEMO acting in the performance of NTP functions; negotiated network service has the meaning given by section 2C; NEMMCO means National Electricity Market Management Company Limited (ACN 072 010 327); Note— NEMMCO becomes AEMO (without change of corporate identity). A reference to NEMMCO is a reference to AEMO before its change of name. network agreement means the agreement required by section 50D(1); network revenue or pricing determination means a distribution determination or a transmission determination; network service provider means a Registered participant registered for the purposes of section 11(2) that owns, controls or operates a transmission system or distribution system that forms part of the interconnected national electricity system or that owns, controls or operates a regulated stand-alone power system; network service provider performance report means a report prepared by the AER under section 28V; network service user means a user who is provided with an electricity network service; NTP functions means the functions described in section 49(2); offence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court; officer has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth; old National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time before the commencement of section 12 of the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia; participant derogation means a Rule made at the request of a person who is conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or AEMO, that— (a) exempts, in a specified case or class of cases, that person or a class of person of which that person is a member, or AEMO, from complying with a provision, or a part of a provision, of the Rules, including a jurisdictional derogation; or (b) modifies or varies the application of a provision of the Rules, including a jurisdictional derogation, (with or without substitution of a provision of the Rules or a part of a provision of the Rules) to that person or class of person of which that person is a member, or AEMO; participating jurisdiction means a jurisdiction that is a participating jurisdiction within the meaning of section 5; power system security means the safe scheduling and dispatch, and operation and control, of the national electricity system (other than regulated stand-alone power systems); prospective network service user means a person who seeks or wishes to be provided with an electricity network service; protected information has the meaning given by section 54(1); rate of return instrument—see section 18I(2); Registered participant means a person who is registered as such by AEMO under this Law and the Rules or is registered as such by AEMO otherwise in accordance with the Rules; regulated distribution system operator means an owner, controller or operator of a distribution system— (a) who is a Registered participant; and (b) whose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a distribution determination; regulated network service provider means— (a) a regulated distribution system operator; or (b) a regulated transmission system operator; regulated stand-alone power system—see section 6B; regulated transmission system operator means an owner, controller or operator of a transmission system— (a) who is a Registered participant; and (b) whose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a transmission determination; Regulations means the regulations made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia that apply as a law of this jurisdiction; regulatory information instrument means a general regulatory information order or a regulatory information notice; regulatory information notice has the meaning given by section 28D; regulatory obligation or requirement has the meaning given by section 2D; regulatory payment has the meaning given by section 2E; relevant agreement, for Part 3 Division 1A—see section 18A; relevant court means any court of this jurisdiction; relevant regulatory decision means— (a) a network revenue or pricing determination that specifies a period to be a regulatory period for the purposes of the determination; or (b) any other determination (including a distribution determination or transmission determination) or decision of the AER that is prescribed by the Regulations to be a relevant regulatory decision, but does not include a decision of the AER made under Part 3 Division 6; reliability obligation civil penalty provision—see section 2AA(1a); reliability obligations means the obligations that apply to a liable entity under sections 14P(1) and (3) and 14R(2); Reliability Panel means the panel of persons established by the AEMC under section 38; retail customer means a person to whom electricity is sold by a retailer, and supplied in respect of connection points, for the premises of the person, and includes a person (or a person who is of a class of persons) prescribed by the Rules for the purposes of this definition; retailer means a person who is the holder of a retailer authorisation issued under the National Energy Retail Law in respect of the sale of electricity; Retailer Reliability Obligation means— (a) Part 2A of this Law; and (b) the provisions of the Rules that relate to Part 2A of this Law; revenue and pricing principles means the principles set out in section 7A; Rule dispute means a dispute between persons in relation to a matter or thing arising under the Rules in respect of which the Rules provide that the dispute must be resolved in accordance with the Rules; shared network capability service means a service described in section 50D(1) as a shared network capability service; shared transmission service means a service classified under the Rules as a shared transmission service; smart meter amendments means the amendments to this Law made by section 5 of the National Electricity (South Australia) (Smart Meters) Amendment Act 2009 of South Australia; statutory functions, in relation to AEMO, means functions or powers conferred under— (a) this Law or the Rules; or (b) the National Gas Law, the National Gas Rules, or related subordinate legislation; superseded jurisdictional rules means— (a) legislation (including subordinate legislation) of a participating jurisdiction regulating the electricity industry in that jurisdiction that— (i) was in force immediately before the changeover date; and (ii) is superseded by the AEMO amendments; and (b) a licence condition governing the activities of the licensee in, or in relation to, an electricity market in a participating jurisdiction— (i) in force immediately before the changeover date; and (ii) superseded by the AEMO amendments; and (c) a guideline, code, standard or other instrument governing the operation or regulation of an electricity market in a participating jurisdiction— (i) made or issued by the jurisdictional regulator; and (ii) in force immediately before the changeover date; and (iii) superseded by the AEMO amendments; Territory means the Australian Capital Territory or the Northern Territory; transmission determination means a determination of the AER under the Rules that regulates any 1 or more of the following: (a) the terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a transmission system charges or may charge for those services; (b) the revenue an owner, controller or operator of a transmission system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules; transmission reliability standard means a standard imposed by or under the Rules or jurisdictional electricity legislation relating to the reliability or performance of a transmission system; transmission service standard means a standard relating to the standard of services provided by a regulated transmission system operator by means of, or in connection with, a transmission system imposed— (a) by or under jurisdictional electricity legislation; or (b) by the AER in accordance with the Rules; transmission system means the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity that the Rules specify as, or forming part of, a transmission system; transmission system safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to— (a) the safe transmission of electricity in that jurisdiction; or (b) the safe operation of a transmission system in that jurisdiction; trial project means a project— (a) that— (i) the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or (ii) the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and (b) that tests an approach in relation to the supply of, or demand for, electricity; trial Rule—see section 87; trial waiver—see section 18ZL; Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal; VENCorp means the Victorian Energy Networks Corporation continued under Part 8 of the Gas Industry Act 2001 of Victoria until the AEMO amendments came into force. wholesale electricity market means any wholesale market for electricity regulated under this Law and the Rules. (2) A reference in this Law to an end user includes a reference to a prospective end user.