Electricity Reform Act 2012 (Tas)

Electricity Reform Act 2012

An Act to facilitate the implementation of reforms to the electricity supply industry in Tasmania and for related purposes [Royal Assent 11 December 2012]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Electricity Reform Act 2012 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

3. Relationship to other State legislation If a provision of this Act is inconsistent with a provision of the Electricity Companies Act 1997 , the Hydro-Electric Corporation Act 1995 , the Government Business Enterprises Act 1995 , the Electricity Supply Industry Act 1995 , the Electricity Supply Industry Expert Panel Act 2010 or the Tamar Valley Power Station Act 2008 , the provision of this Act prevails to the extent of the inconsistency.

4. Interpretation (1) In this Act, unless the contrary intention appears – asset includes any, and any part of any, property, business or operation; Aurora Energy means Aurora Energy Pty Ltd (ABN 85 082 464 622); Aurora Energy (Tamar Valley) means Aurora Energy (Tamar Valley) Pty Ltd (ACN 123 391 613); business, in relation to a State-owned electricity entity, means – (a) the business conducted by the entity; and (b) the goodwill of that business; and (c) any asset of the entity; and (d) the rights, liabilities, duties and obligations of the entity, whether those rights, liabilities, duties or obligations are present or future and whether vested or contingent – and includes a part of the business of the entity; customer means a person to whom electricity is sold for premises by an electricity retailer; distribution of electricity means the carrying of electricity between different points using a distribution network; distribution network means the apparatus, electric line, equipment, plant, and buildings, that are – (a) used to convey, or control the conveyance of, electricity; and (b) specified by the National Electricity Rules as, or as forming part of, a distribution system; Electricity Reform Co-ordinator means the office of Electricity Reform Co-ordinator existing under section 12 ; electricity reform measures means the measures referred to in section 6(1) ; electricity reform objectives means the objectives of electricity reform referred to in section 5 ; electricity retailer means the holder of a retailer authorisation within the meaning of the National Energy Retail Law (Tasmania); gas contract means a contract for the sale of gas; Hydro-Electric Corporation has the same meaning as in the Hydro-Electric Corporation Act 1995 ; liability means any liability, duty or obligation, whether actual, contingent or prospective, liquidated or unliquidated; National Electricity Rules has the same meaning as in the National Electricity Law contained in the Schedule (as amended from time to time) to the National Electricity (South Australia) Act 1996 of South Australia; property means – (a) any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property; and (b) money, documents and securities; and (c) shares in a subsidiary; and (d) any other rights; retail business, in relation to a State-owned electricity entity – (a) means any business of the entity that relates to the retailing of electricity; and (b) includes any retail electricity contracts and any gas contracts; retail electricity contract means a contract between an electricity retailer and a customer for the sale to the customer of electricity for premises; retailing of electricity means selling to a customer electricity for premises; right means any right, power, privilege, or immunity, whether actual, contingent or prospective; shareholding Ministers means the Treasurer and the Minister; small customer has the same meaning as in the National Energy Retail Law (Tasmania); State-owned electricity entity means – (a) Aurora Energy; and (b) Transend; and (c) any company established under the Electricity Companies Act 1997 ; and (d) the Hydro-Electric Corporation; and (e) a subsidiary of any State-owned electricity entity referred to in paragraph (a) , (b) , (c) or (d) ; State tax means – (a) any tax, duty or charge; and (b) any application fee, registration fee or other fee – imposed by an Act or other law of Tasmania; subsidiary of a State-owned electricity entity – see subsection (2) ; Transend means Transend Networks Pty Ltd (ABN 57 082 586 892); transmission of electricity means the carrying of electricity between different points using a transmission system; transmission system has the same meaning as in the National Electricity Rules. (2) For the purposes of this Act, a body corporate is a subsidiary of a State-owned electricity entity if – (a) the body is a subsidiary of the State-owned electricity entity under the Corporations Law; or (b) were the State-owned electricity entity, and the body corporate, corporations under the Corporations Law, the body corporate would be a subsidiary of the State-owned electricity entity under the Corporations Law.