South Australia
Electricity Act 1996
An Act to regulate the electricity supply industry; to make provision for safety and technical standards for electrical installations; and for other purposes.

Contents
Part 1—Preliminary
1	Short title
3	Objects
4	Interpretation
5	Crown bound
6	Other statutory requirements not affected
Part 2—Administration
Division 1—Essential Services Commission
6A	Functions and powers of Commission
Division 2—Electricity Supply Industry Planning Council
6B	Interpretation
6C	Establishment of Electricity Supply Industry Planning Council
6D	Application of Public Corporations Act 1993
6E	Functions of Electricity Supply Industry Planning Council
6F	Common seal and execution of documents
6G	Establishment of board
6H	Conditions of membership
6I	Vacancies or defects in appointment of directors
6J	Remuneration
6K	Board proceedings
6L	Staff of Planning Council
6M	Consultants
6N	Planning Council's power to require information
6O	Obligation to preserve confidentiality
Division 3—Technical Regulator
7	Technical Regulator
8	Functions of Technical Regulator
9	Delegation
10	Technical Regulator's power to require information
11	Obligation to preserve confidentiality
14	Annual report
Division 4—Advisory committees
14A	Consumer advisory committee
14B	Technical advisory committee
14C	Other advisory committees
Part 3—Electricity supply industry
Division A1—Declaration as regulated industry
14D	Declaration as regulated industry
Division 1—Licensing of electricity entities
15	Requirement for licence
16	Application for licence
17	Consideration of application
17A	Licences may be held jointly
18	Authority conferred by licence
19	Term of licence
20	Licence fees and returns
21	Licence conditions
22	Licences authorising generation of electricity
23	Licences authorising operation of transmission or distribution network
24	Licences authorising retailing
24A	Licences authorising system control
24B	Licence conditions and National Electricity Code
25	Offence to contravene licence conditions
27	Variation of licence
28	Transfer of licence
28A	Consultation with consumer bodies
28B	Notice of licence decisions
29	Surrender of licence
30	Register of licences
Division 2—System controller
31	Functions and powers of system controller
34	Remuneration of system controller
35	Obligation to preserve confidentiality
Division 2A—Price regulation
35A	Price regulation by Commission
35B	Initial electricity pricing order
Division 3—Standard terms and conditions for sale or supply
36	Standard terms and conditions for sale or supply
Division 3AA—Special provisions relating to small customers
36AA	Provision for standing contract with small customers
36AB	Provision for default contract with small customers
Division 3A—Protection of property in infrastructure
36A	Electricity infrastructure does not merge with land
36B	Prevention of dismantling of electricity infrastructure in execution of judgment
Division 4—Suspension or cancellation of licences
37	Suspension or cancellation of licences
Division 5—Commission's powers to take over operations
38	Power to take over operations
39	Appointment of operator
Part 4—Electricity entities' powers and duties
Division 1—Electricity officers
41	Appointment of electricity officers
42	Conditions of appointment
43	Electricity officer's identity card
44	Production of identity card
Division 2—Powers and duties relating to infrastructure
45	Entry on land to conduct surveys etc
46	Acquisition of land
47	Power to carry out work on public land
48	Entry under easements for purposes related to infrastructure
48A	Easements and access to infrastructure for data transmission and telecommunications
Division 3—Powers relating to installations
49	Entry to inspect etc electrical installations
50	Entry to read meters etc
51	Entry to disconnect supply
52	Disconnection of supply if entry refused
Division 4—Powers and duties in emergencies
53	Electricity entity may cut off electricity supply to avert danger
54	Emergency legislation not affected
Part 5—Clearance of vegetation from powerlines
Division 1—Duties in relation to vegetation clearance
55	Duties in relation to vegetation clearance
Division 2—Vegetation clearance schemes in prescribed areas
Subdivision 1—Content and nature of schemes
55A	Vegetation clearance schemes
Subdivision 2—Disputes about schemes
55B	Vegetation clearance scheme dispute
55C	Circumstances in which Technical Regulator not obliged to determine dispute
55D	Determinations
55E	Principles to be taken into account
55F	Conduct of proceedings
55G	Giving of relevant documents to Technical Regulator
55H	Power to obtain information and documents
55I	Confidentiality of information
55J	Termination of proceedings for determination
55K	Procedure for giving determination
55L	Costs
Subdivision 3—Enforcement of schemes
55M	Enforcement as contract
Subdivision 4—Resolution of disputes under schemes
55N	Resolution of dispute by intervention of Technical Regulator
Division 3—Miscellaneous
56	Role of councils in relation to vegetation clearance not within prescribed areas
57	Power to enter for vegetation clearance purposes
58	Regulations in respect of vegetation near powerlines
Part 5A—Undergrounding of powerlines
58A	Program for undergrounding of powerlines
Part 6—Safety and technical issues
59	Electrical installations to comply with technical requirements
60	Responsibility of owner or operator of infrastructure or installation
61	Electrical installation work
62	Power to require rectification etc in relation to infrastructure or installations
63	Reporting of accidents
Part 7—Enforcement
Division A1—Warning notices and assurances
63A	Warning notices and assurances
63B	Register of warning notices and assurances
Division A2—Injunctions
63C	Injunctions
Division 1—Appointment of authorised officers
64	Appointment of authorised officers
65	Conditions of appointment
66	Authorised officer's identity card
67	Production of identity card
Division 2—Authorised officers' powers
68	Power of entry
69	General investigative powers of authorised officers
70	Disconnection of electricity supply
71	Power to require disconnection of cathodic protection system
72	Power to make infrastructure or installation safe
73	Power to require information
Part 8—Reviews and appeals
75	Review of decisions by Commission or Technical Regulator
76	Appeal
77	Minister's power to intervene
Part 9—Miscellaneous
80	Power of exemption
80A	Register of exemptions
81	Obligation to comply with conditions of exemption
81A	Delegation by Minister
82	Application and issue of warrant
83	Urgent situations
84	Unlawful interference with electricity infrastructure or electrical installation
85	Unlawful abstraction or diversion of electricity
86	Erection of buildings in proximity to powerline
87	Notice of work that may affect electricity infrastructure
88	Impersonation of officials etc
89	Obstruction
90	False or misleading information
91	Statutory declarations
92	General defence
93	Offences by bodies corporate
94	Continuing offence
94A	Order for payment of profit from contravention
95	Immunity from personal liability
96	Evidence
97	Service
98	Regulations
Schedule 1A—Appointment and selection of experts for Court
Schedule 2—Transitional provisions
1	Continuation of certain arrangements
Legislative history

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Electricity Act 1996.
3—Objects
The objects of this Act are—
	(a)	to promote efficiency and competition in the electricity supply industry; and
	(b)	to promote the establishment and maintenance of a safe and efficient system of electricity generation, transmission, distribution and supply; and
	(c)	to establish and enforce proper standards of safety, reliability and quality in the electricity supply industry; and
	(d)	to establish and enforce proper safety and technical standards for electrical installations; and
	(e)	to protect the interests of consumers of electricity.
4—Interpretation
	(1)	In this Act, unless the contrary intention appears—
annual electricity consumption level means a level of consumption of electricity determined in accordance with the regulations (and the regulations may, for that purpose, make provision for the estimation or agreement of the level in specified circumstances);
authorised officer means a person appointed under Part 7 as an authorised officer;
bush fire means a fire that originates in, or spreads through, forest, scrub, grass or other vegetation;
Commission means the Essential Services Commission established under the Essential Services Commission Act 2002;
condition includes a limitation or restriction;
contravention includes a failure to comply;
council means a council within the meaning of the Local Government Act 1934 and includes the Outback Areas Community Development Trust;
council officer means a person authorised by a council to exercise powers conferred on a council officer under this Act;
customer means a person who has a supply of electricity available from a transmission or distribution network for consumption by that person and includes—
	(a)	the occupier for the time being of a place to which electricity is supplied; and
	(b)	where the context requires, a person seeking an electricity supply; and
	(c)	a person of a class declared by regulation to be customers;
disconnect electricity supply includes a procedure to interrupt or discontinue the electricity supply to a customer;
electrical installation means a set of wires and associated fittings, equipment and accessories installed in a place for the conveyance, control, measurement or use of electricity that is, or is to be, or has been, supplied for consumption in the place, but does not include—
	(a)	electricity infrastructure owned or operated by an electricity entity; or
	(b)	any wires, fittings, equipment or accessories connected to and beyond any electrical outlet at which fixed wiring terminates (other than any such outlet used to connect sections of fixed wiring);
electricity entity means a person licensed under Part 3 to carry on operations in the electricity supply industry and includes (where the context requires) a person who has been licensed to carry on operations in the electricity supply industry under that Part whose licence has been suspended or cancelled or has expired;
electricity infrastructure means—
	(a)	electricity generating plant; and
	(b)	powerlines; and
	(c)	substations for converting, transforming or controlling electricity; and
	(d)	equipment for metering, monitoring or controlling electricity; and
	(e)	any wires, equipment or other things (including tunnels and cavities) used for, or in connection with, the generation, transmission, distribution or supply of electricity;
electricity officer means a person appointed under Part 4 as an electricity officer;
electricity supply industry means the industry involved in the generation, transmission, distribution, supply or sale of electricity or other operations of a kind prescribed by regulation;
generation of electricity means the operation of any kind of electricity generating plant and all incidental and related operations, but does not include anything declared by regulation not to be generation of electricity;
land includes—
	(a)	an estate or interest in land (including an easement); or
	(b)	a right or power over or in respect of land;
National Electricity Code means the Code as defined in the National Electricity (South Australia) Law;
National Electricity (South Australia) Law—see the Schedule of the National Electricity (South Australia) Act 1996;
naturally occurring vegetation means vegetation that has not been planted or nurtured by any person;
network services means—
	(a)	the transmission and distribution of electricity between electricity entities and from electricity entities to customers (including connection to a transmission or distribution network); and
	(b)	controlling and regulating the quality of electricity;
nurture, in relation to vegetation, means actively assist the growth of the vegetation;
occupier of land or a place means a person who has or is entitled to possession or control of the land or place;
operations includes activities;
powerline means—
	(a)	a set of cables for the transmission or distribution of electricity and their supporting or protective structures, conduits and equipment; and
	(b)	associated equipment for the transmission or distribution of electricity,
but does not include a telecommunications cable or associated equipment;
power system means a system for the generation, transmission and distribution of electricity or a part of such a system;
principles of vegetation clearance means the regulations dealing with the clearance of vegetation from, or the planting or nurturing of vegetation near, public and private powerlines;
private land means—
	(a)	land alienated or contracted to be alienated from the Crown in fee simple; or
	(b)	land occupied under a lease or licence from the Crown; or
	(c)	land dedicated to a particular purpose and placed under the care, control and management of any person (whether or not that person is a Minister, agency or instrumentality of the Crown),
except any such land vested in, or under the care, control or management of, a council and dedicated to, or held for, a public purpose;
private powerline means a powerline—
	(a)	designed to convey electricity at a prescribed voltage or less; and
	(b)	situated on, above or under private land for the purpose only of supplying electricity to some point on that land;
public powerline means any powerline except a private powerline;
retailing of electricity means the sale of electricity to customers, but does not include an activity declared by regulation not to be retailing of electricity;
small customer means a customer with an annual electricity consumption level less than the number of MW.h per year specified by regulation for that purpose, or any customer classified by regulation as a small customer;
supply of electricity means the delivery of electricity to a customer;
system controller means a person licensed under Part 3 to exercise system control over a power system;
Technical Regulator means the person holding the office of Technical Regulator under Part 2;
telecommunications means the transmission of telephonic, radio, computer, television or other signals;
transmission or distribution network means the whole or a part of a system for the transmission or distribution of electricity, but does not include anything declared by regulation not to be a transmission or distribution network or part of a transmission or distribution network;
vegetation clearance scheme means a vegetation clearance scheme agreed or determined under Part 5.
	(2)	A reference in this Act to a powerline, a network, infrastructure or other property of an entity includes a reference to a powerline, a network, infrastructure or other property that is not owned by the entity but is operated by the entity.
5—Crown bound
	(1)	This Act binds the Crown.
	(2)	Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.
	(3)	For the purposes of this section, a reference to the Crown extends—
	(a)	not only to the Crown in right of this State but also (so far as the legislative power of the State permits) to the Crown in any other capacity; and
	(b)	to an instrumentality of the Crown, and to an officer or employee of the Crown and any contractor or other person who carries out functions on behalf of the Crown.
6—Other statutory requirements not affected
This Act is in addition to and does not derogate from the provisions of the National Electricity (South Australia) Act 1996, the Environment Protection Act 1993 or any other Act.

Part 2—Administration
Division 1—Essential Services Commission
6A—Functions and powers of Commission
	(1)	The Commission has (in addition to the Commission's functions and powers under the Essential Services Commission Act 2002)—
	(a)	the licensing, price regulation and other functions and powers conferred by this Act; and
	(b)	if the Commission is appointed under theNational Electricity Code as the body to perform or exercise certain functions and powers—those functions and powers; and
	(c)	any other functions and powers conferred by regulation under this Act.
	(2)	If electricity entities are required by licence condition to participate in an ombudsman scheme, the Commission must, in performing licensing functions under this Act, liaise with the ombudsman appointed under the scheme.
	(3)	Without limiting subsection (1), the Governor may, by regulation, confer functions and powers on the Commission, or vary the functions and powers of the Commission, as the Governor considers necessary or expedient for the purposes of the National Electricity (South Australia) Law and the National Electricity Code.
	(4)	In performing functions under this Act, the Commission must (in addition to having regard to factors specified in this Act or the Essential Services Commission Act 2002) have regard to the provisions of the National Electricity Code and the need to avoid duplication of, or inconsistency with, regulatory requirements under the Code.

Division 2—Electricity Supply Industry Planning Council
6B—Interpretation
In this Division—
board means the board of directors established as the governing body of the Planning Council;
director means a member of the board of the Planning Council;
independent director means a director appointed under section 6G(4);
Planning Council means the Electricity Supply Industry Planning Council established under this Division.
6C—Establishment of Electricity Supply Industry Planning Council
	(1)	The Electricity Supply Industry Planning Council is established.
	(2)	The Planning Council—
	(a)	is a body corporate; and
	(b)	has perpetual succession and a common seal; and
	(c)	is capable of suing and being sued in its corporate name; and
	(d)	has the functions and powers assigned or conferred by or under this or any other Act.
6D—Application of Public Corporations Act 1993
The Planning Council is a statutory corporation to which the provisions of the Public Corporations Act 1993 apply subject to any exclusions or modifications prescribed by regulation.
6E—Functions of Electricity Supply Industry Planning Council
	(1)	The Planning Council has the following functions:
	(a)	to develop overall electricity load forecasts in consultation with participants in the electricity supply industry and report the forecasts to the Minister and the Commission;
	(b)	to review and report to the Minister and the Commission on the performance of the South Australian power system;
	(c)	to advise the Minister and the Commission on matters relating to the future capacity and reliability of the South Australian power system;
	(d)	to prepare or review proposals for significant projects relating to the transmission network in South Australia (taking into account possible alternatives to those projects such as the augmentation or extension of a distribution network, the construction or augmentation of the capacity of a generating plant and measures for reducing demand for electricity from the transmission network) and to make reports and recommendations to the Minister and the Commission in relation to such proposals;
	(e)	to advise the Minister and the Commission, either on its own initiative or at the request of the Minister or the Commission, on other electricity supply industry and market policy matters;
	(f)	to submit to the Minister and the Commission, and publish, an annual review of the performance, future capacity and reliability of the South Australian power system;
	(g)	if the Planning Council is appointed under the National Electricity Code as the body to carry out certain functions—to carry out those functions;
	(h)	to publish from time to time such information relating to the matters referred to above as the Planning Council considers appropriate;
	(i)	to perform any other function prescribed by regulation or assigned by or under any other Act.
	(2)	The Planning Council has all the powers of a natural person together with powers conferred on it under this or any other Act.
	(3)	The Planning Council may perform its functions and exercise its powers within or outside the State.
6F—Common seal and execution of documents
	(1)	The common seal of the Planning Council must not be affixed to a document except in pursuance of a decision of the board, and the affixing of the seal must be attested by the signatures of two directors.
	(2)	The Planning Council may, by instrument under the common seal of the Planning Council, authorise a director or employee of the Planning Council (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Planning Council subject to conditions and limitations (if any) specified in the instrument of authority.
	(3)	Without limiting subsection (2), an authority may be given so as to authorise two or more persons to execute documents jointly on behalf of the Planning Council.
	(4)	A document is duly executed by the Planning Council if—
	(a)	the common seal of the Planning Council is affixed to the document in accordance with this section; or
	(b)	the document is signed on behalf of the Planning Council by a person or persons in accordance with an authority conferred under this section.
6G—Establishment of board
	(1)	A board of directors is established as the governing body of the Planning Council.
	(2)	The board is to consist of five members appointed by the Governor.
	(3)	The members must be persons who have, in the Governor's opinion, appropriate qualifications or expertise in relation to one or more of the following:
	(a)	power system planning, design, development or operation;
	(b)	electricity markets;
	(c)	financial management.
	(4)	Two of the members must be persons who are, in the opinion of the Governor, independent of the holders of licences authorising the generation of electricity or the operation of transmission or distribution networks.
	(5)	The Minister will consult with—
	(a)	the holders of licences authorising the generation of electricity in respect of the selection of a person for appointment as one of the remaining three members;
	(b)	the holders of licences authorising the operation of transmission networks in respect of the selection of a person for appointment as another of the remaining three members;
	(c)	the holders of licences authorising the operation of distribution networks in respect of the selection of a person for appointment as the other of the remaining three members.
	(6)	At least one member of the board must be a woman and at least one must be a man.
	(7)	One of the independent directors will be appointed by the Governor to chair meetings of the board.
	(8)	On the office of a director becoming vacant, a person may be appointed under this section to the vacant office.
	(9)	The Governor may appoint deputies of directors, and the provisions of subsections (3), (4) and (5) apply in relation to the appointment of deputies in the same way as to directors.
	(10)	A deputy of a director is, in the absence of that director, to be taken to have the powers, functions and duties of a director in the same way as if the deputy had been appointed to be a director.
6H—Conditions of membership
	(1)	A director will be appointed for a term, not exceeding three years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment.
	(2)	The Governor may remove a director from office—
	(a)	for misconduct (including non-compliance with a duty imposed under the Public Corporations Act 1993); or
	(b)	for failure or incapacity to carry out the duties of office satisfactorily; or
	(c)	if irregularities have occurred in the conduct of the Planning Council's affairs or the board has failed to carry out its functions satisfactorily and the board's membership should, in the opinion of the Governor, be reconstituted for that reason; or
	(d)	in the case of an independent director—if the director has, in the opinion of the Governor, ceased to be so independent.
	(3)	The office of a director becomes vacant if the director—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice to the Minister; or
	(d)	becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or
	(e)	is convicted of an indictable offence or sentenced to imprisonment for an offence; or
	(f)	is removed from office under subsection (2).
6I—Vacancies or defects in appointment of directors
An act of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a director.
6J—Remuneration
A director is entitled to be paid from the funds of the Planning Council such remuneration, allowances and expenses as may be determined by the Governor.
6K—Board proceedings
	(1)	A quorum of the board consists of three directors at least one of whom must be an independent director or a deputy of an independent director.
	(2)	The director appointed to chair meetings of the board will preside at each meeting of the board at which the director is present.
	(3)	If the director appointed to chair meetings of the board is absent from a meeting of the board, the following provisions apply:
	(a)	if the deputy of that director is present at the meeting—the deputy will preside at the meeting;
	(b)	if the deputy of that director is not present at the meeting—the other independent director will preside at the meeting;
	(c)	if that other independent director is not present at the meeting—the deputy of that other independent director will preside at the meeting.
	(4)	A decision carried by a majority of the votes cast by directors at a meeting is a decision of the board.
	(5)	Each director present at a meeting of the board has one vote on any question arising for decision and, if the votes are equal, the director presiding at the meeting may exercise a casting vote.
	(6)	A conference by telephone or other electronic means between directors will, for the purposes of this section, be taken to be a meeting of the board at which the participating directors are present if—
	(a)	notice of the conference is given to all directors in the manner determined by the board for that purpose; and
	(b)	each participating director is capable of communicating with every other participating director during the conference.
	(7)	A proposed resolution of the board becomes a valid decision of the board despite the fact that it is not voted on at a meeting of the board if—
	(a)	notice of the proposed resolution is given to all directors in accordance with procedures determined by the board; and
	(b)	a majority of the directors express their concurrence in the proposed resolution by letter, telex, facsimile transmission or other written communication setting out the terms of the resolution.
	(8)	The board must cause accurate minutes to be kept of its proceedings.
	(9)	Subject to this Act, the board may determine its own procedures.
6L—Staff of Planning Council
	(1)	The Minister may appoint a chief executive of the Planning Council on terms and conditions fixed by the Minister.
	(2)	The Planning Council may appoint, on terms and conditions fixed by the Planning Council, such employees as it thinks necessary or desirable.
6M—Consultants
The Planning Council may engage consultants on terms and conditions considered appropriate by the Planning Council.
6N—Planning Council's power to require information
	(1)	The Planning Council may, by written notice, require a person to give the Planning Council, within a time stated in the notice (which must be reasonable), information in the person's possession that the Planning Council reasonably requires for the performance of the Planning Council's functions under this or any other Act or the National Electricity Code.
	(2)	A person required to give information under this section must provide the information within the time stated in the notice.
Maximum penalty: $20 000.
	(3)	A person cannot be compelled to give information under this section if the information might tend to incriminate the person of an offence.
6O—Obligation to preserve confidentiality
	(1)	The Planning Council must preserve the confidentiality of information gained in the course of the performance of the Planning Council's functions under this Act that—
	(a)	could affect the competitive position of an electricity entity or other person; or
	(b)	is commercially sensitive for some other reason.
	(2)	Subsection (1) does not apply to the disclosure of information between persons engaged in the administration of this Act, including persons engaged to provide legal or other professional advice to the Planning Council.
	(3)	Information classified by the Planning Council as confidential is not liable to disclosure under the Freedom of Information Act 1991.

Division 3—Technical Regulator
7—Technical Regulator
	(1)	There is to be a Technical Regulator.
	(2)	The Technical Regulator is to be appointed by the Minister.
	(3)	The office of Technical Regulator may be held in conjunction with a position in the Public Service.
	(4)	The Minister may assign an employee in the Public Service to act as the Technical Regulator—
	(a)	during a vacancy in the office of Technical Regulator; or
	(b)	when the Technical Regulator is absent from, or unable to discharge, official duties.
8—Functions of Technical Regulator
The Technical Regulator has the following functions:
	(a)	the monitoring and regulation of safety and technical standards in the electricity supply industry; and
	(b)	the monitoring and regulation of safety and technical standards with respect to electrical installations; and
	(c)	the administration of the provisions of this Act relating to the clearance of vegetation from powerlines; and
	(d)	any other functions assigned to the Technical Regulator under this Act.
9—Delegation
	(1)	The Technical Regulator may delegate powers to a person or body of persons that is, in the Technical Regulator's opinion, competent to exercise the relevant powers.
	(2)	A delegation under this section—
	(a)	must be in writing; and
	(b)	may be conditional or unconditional; and
	(c)	is revocable at will; and
	(d)	does not prevent the delegator from acting in any matter.
10—Technical Regulator's power to require information
	(1)	The Technical Regulator may, by written notice, require a person to give the Technical Regulator, within a time stated in the notice (which must be reasonable), information in the person's possession that the Technical Regulator reasonably requires for the performance of the Technical Regulator's functions under this Act.
	(2)	A person required to give information under this section must provide the information within the time stated in the notice.
Maximum penalty: $20 000.
	(3)	A person cannot be compelled to give information under this section if the information might tend to incriminate the person of an offence.
11—Obligation to preserve confidentiality
	(1)	The Technical Regulator must preserve the confidentiality of information gained in the course of the performance of the Technical Regulator's functions under this Act (including information gained by an authorised officer under Part 7) that—
	(a)	could affect the competitive position of an electricity entity or other person; or
	(b)	is commercially sensitive for some other reason.
	(1a)	Subsection (1) does not apply to the disclosure of information between persons engaged in the administration of this Act (including the Commission and persons assisting the Commission).
	(2)	Information classified by the Technical Regulator as confidential is not liable to disclosure under the Freedom of Information Act 1991.
14—Annual report
	(1)	The Technical Regulator must, within three months after the end of each financial year, deliver to the Minister a report on the Technical Regulator's operations under this Act during that financial year.
	(3)	The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after his or her receipt of the report.

Division 4—Advisory committees
14A—Consumer advisory committee
The Commission must establish an advisory committee comprising representatives of consumers (the consumer advisory committee)—
	(a)	to provide advice to the Commission in relation to the performance of the Commission's licensing functions under Part 3; and
	(b)	to provide advice to the Commission, either on its own initiative or at the request of the Commission, on any other matter relating to the electricity supply industry.
14B—Technical advisory committee
The Technical Regulator must establish an advisory committee (the technical advisory committee) including representatives of—
	(a)	electricity entities; and
	(b)	contractor and employee associations involved in the electricity supply industry; and
	(c)	local government,
to provide advice to the Technical Regulator, either on its own initiative or at the request of the Technical Regulator, on any matter relating to the functions of the Technical Regulator.
14C—Other advisory committees
The Minister, the Commission or the Technical Regulator may establish other advisory committees to provide advice on specified aspects of the administration of this Act.

Part 3—Electricity supply industry
Division A1—Declaration as regulated industry
14D—Declaration as regulated industry
The electricity supply industry is declared to be a regulated industry for the purposes of the Essential Services Commission Act 2002.

Division 1—Licensing of electricity entities
15—Requirement for licence
	(1)	A person must not carry on operations in the electricity supply industry for which a licence is required unless the person holds a licence under this Part authorising the relevant operations.
Maximum penalty: $1 000 000.
	(2)	The operations in the electricity supply industry for which a licence is required are—
	(a)	generation of electricity; or
	(b)	operation of a transmission or distribution network; or
	(c)	retailing of electricity; or
	(ca)	system control over a power system; or
	(d)	other operations for which a licence is required by the regulations.
	(3)	Nothing in this section requires NEMMCO (within the meaning of the National Electricity (South Australia) Law) to hold a licence.
16—Application for licence
	(1)	An application for the issue of a licence must—
	(a)	be made to the Commission in a form approved by the Commission; and
	(b)	contain the information specified in the form.
	(2)	The applicant must pay to the Commission an application fee fixed by the Minister of an amount that the Minister considers appropriate to meet the reasonable costs of determining the application.
	(3)	The Commission may, as the Commission considers appropriate, accept a single application from an applicant in respect of different operations of the applicant or operations of the applicant at different locations or may require separate applications.
	(4)	The applicant must give the Commission further relevant information requested by the Commission.
17—Consideration of application
	(1)	The Commission must consider an application for the issue of a licence and may, subject to this Division, issue, or refuse to issue, the licence.
	(2)	The Commission must have regard to the general factors specified in Part 2 of the Essential Services Commission Act 2002 and, subject to this section, may only issue a licence if satisfied that—
	(a)	the applicant is a suitable person to hold the licence; and
	(ac)	the issue of the licence will not result in the same person holding both a licence authorising the operation of a distribution network and a licence authorising retailing of electricity; and
	(b)	in the case of a licence authorising the generation of electricity—the generating plant (or proposed generating plant) will generate electricity of the appropriate quality for the relevant transmission or distribution network; and
	(c)	in the case of a licence authorising the operation of a transmission or distribution network—the network has (or the proposed network will have) the necessary capacity for transmitting or distributing electricity safely; and
	(d)	in the case of a licence authorising retailing of electricity—the applicant will be able to meet reasonably foreseeable obligations under contracts for the sale of electricity; and
	(da)	in the case of a licence authorising system control over a power system—the applicant will be able to adequately exercise system control functions; and
	(e)	in the case of a licence authorising other operations in the electricity supply industry for which a licence is required under the regulations—the applicant meets any special requirements imposed by the regulations for the holding of the licence; and
	(f)	in the case of a licence of any class—the grant of the licence would be consistent with criteria (if any) prescribed by regulation for a licence of the relevant class.
	(3)	In deciding whether an applicant is a suitable person to hold a licence, the Commission may consider—
	(a)	the applicant's previous commercial and other dealings and the standard of honesty and integrity shown in those dealings; and
	(b)	the financial, technical and human resources available to the applicant; and
	(c)	the officers and, if applicable, major shareholders of the applicant and their previous commercial and other dealings and the standard of honesty and integrity shown in those dealings (including breaches of statutory and other legal obligations); and
	(d)	other matters prescribed by regulation.
	(4)	If—
	(a)	a person carries on or proposes to carry on operations for which a licence is required as agent of another person; and
	(b)	the agent makes application for the issue of such a licence on the agent's own behalf and on behalf of the principal; and
	(c)	the Commission is satisfied that the criteria for the issue of the licence are met in relation to the agent,
the Commission may, at the Commission's discretion, dispense with the requirement that the Commission be satisfied that the criteria are met in relation to the principal and issue the licence to the agent and the principal to be held by them jointly.
	(5)	If an applicant for the issue of a licence is registered as a Code participant in accordance with the National Electricity Code, the Commission may, in determining the application, in order to avoid duplication of, or inconsistency with, regulatory requirements under the Code, dispense with a requirement under this section that the Commission be satisfied as to a particular matter.
17A—Licences may be held jointly
	(1)	A licence may be held jointly by two or more persons.
	(2)	If a licence is held jointly by two or more persons, those persons are jointly and severally liable to meet requirements imposed under this Act or the Essential Services Commission Act 2002.
18—Authority conferred by licence
	(1)	A licence authorises the person named in the licence to carry on operations in the electricity supply industry in accordance with the terms and conditions of the licence.
	(2)	The operations authorised by a licence need not be all of the same character or at the same location but may consist of a combination of different operations or operations at different locations.
19—Term of licence
A licence may be issued for an indefinite period or for a term specified in the licence.
20—Licence fees and returns
	(1)	A person is not entitled to the issue of a licence unless the person first pays to the Commission the annual licence fee, or the first instalment of the annual licence fee, as the case may require.
	(2)	The holder of a licence issued for a term of two years or more must—
	(a)	in each year lodge with the Commission, before the date prescribed for that purpose, an annual return containing the information required by the Commission by condition of the licence or by written notice; and
	(b)	in each year (other than a year in which the licence is due to expire) pay to the Commission, before the date prescribed for that purpose, the annual licence fee, or the first instalment of the annual licence fee, as the case may require.
	(3)	The annual licence fee for a licence is the fee fixed, from time to time, by the Minister in respect of that licence as an amount that the Minister considers to be a reasonable contribution towards administrative costs.
	(4)	An annual licence fee may, if the Commission so determines, be paid in equal instalments at intervals fixed by the Commission.
	(5)	If the holder of a licence fails to lodge the annual return or pay the annual licence fee (or an instalment of the annual licence fee) in accordance with this section, the Commission may, by written notice, require the holder to make good the default and, in addition, to pay to the Commission the amount prescribed as a penalty for default.
	(6)	An annual licence fee (including any instalment of an annual licence fee or any penalty for default) payable under this section is recoverable as a debt due to the Crown.
	(7)	In this section—
administrative costs means—
	(a)	the costs of administration of this Act; and
	(b)	any costs of administration of the Essential Services Commission Act 2002 relating to the electricity supply industry; and
	(c)	the costs of the Electricity Supply Industry Planning Council; and
	(d)	other costs prescribed by regulation;
holder of a licence includes the holder of a licence that has been suspended.
21—Licence conditions
	(1)	The Commission must make a licence subject to conditions determined by the Commission—
	(a)	requiring compliance with applicable codes or rules made under the Essential Services Commission Act 2002 as in force from time to time; and
	(b)	requiring compliance with specified technical or safety requirements or standards; and
	(c)	relating to the electricity entity's financial or other capacity to continue operations under the licence; and
	(e)	requiring the electricity entity to have all or part of the operations authorised by the licence audited and to report the results of the audit to the Commission; and
	(f)	requiring the electricity entity to notify the Commission about changes to officers and, if applicable, major shareholders of the entity; and
	(g)	requiring the electricity entity to provide, in the manner and form determined by the Commission, such other information as the Commission may from time to time require; and
	(h)	requiring the electricity entity to comply with the requirements of any scheme approved and funded by the Minister for the provision by the State of customer concessions or the performance of community service obligations by electricity entities.
	(2)	The Commission must make a licence subject to further conditions that the Commission is required by regulation to impose on the issue of such a licence.
	(3)	The Commission may make a licence subject to further conditions considered appropriate by the Commission.
	(4)	The Commission must provide to the Minister any information that the Minister requires for the purposes of the administration of a scheme for the provision by the State of customer concessions, or the performance of community service obligations, relating to the sale or supply of electricity.
22—Licences authorising generation of electricity
	(1)	The Commission must make a licence authorising the generation of electricity subject to conditions determined by the Commission—
	(a)	requiring compliance with directions of the system controller; and
	(b)	requiring the electricity entity not to do anything affecting the compatibility of the entity's electricity generating plant with any transmission or distribution network so as to prejudice public safety or the security of the power system of which the generating plant forms a part; and
	(c)	requiring the electricity entity—
	(i)	to prepare and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation; and
	(ii)	to obtain the approval of the Commission (which may only be given by the Commission on the recommendation of the Technical Regulator) to the plan and any revision; and
	(iii)	to comply with the plan as approved from time to time; and
	(iv)	to audit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator; and
	(d)	requiring the electricity entity to provide to the Electricity Supply Industry Planning Council such information as it may reasonably require for the performance of its functions; and
	(e)	requiring the electricity entity—
	(i)	to grant to each electricity entity holding a licence authorising the operation of a transmission or distribution network rights to use or have access to the entity's electricity generating plant that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and
	(ii)	in the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Commission as to those terms; and
	(iii)	to comply with any code provisions in force from time to time under the Essential Services Commission Act 2002 establishing a scheme for the resolution of disputes in relation to such rights; and
	(f)	requiring the electricity entity to maintain insurance against any liability for causing a bushfire and to provide the Commission with a certificate of the insurer or the insurance broker by whom the insurance was arranged certifying (in a manner approved by the Commission) that the insurance is adequate and appropriate given the nature of the operations carried on under the entity's licence and the risks entailed in those operations.
	(2)	This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the generation of electricity.
23—Licences authorising operation of transmission or distribution network
	(1)	The Commission must make a licence authorising the operation of a transmission or distribution network subject to conditions determined by the Commission—
	(a)	requiring compliance with directions of the system controller; and
	(b)	requiring the electricity entity not to do anything affecting the compatibility of the entity's transmission or distribution network with any electricity generating plant or transmission or distribution network so as to prejudice public safety or the security of the power system of which the transmission or distribution network forms a part; and
	(c)	requiring the electricity entity—
	(i)	to prepare and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation; and
	(ii)	to obtain the approval of the Commission (which may only be given by the Commission on the recommendation of the Technical Regulator) to the plan and any revision; and
	(iii)	to comply with the plan as approved from time to time; and
	(iv)	to audit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator; and
	(d)	requiring the electricity entity to provide to the Electricity Supply Industry Planning Council such information as it may reasonably require for the performance of its functions; and
	(e)	requiring the electricity entity to maintain specified accounting records and to prepare accounts according to specified principles; and
	(f)	requiring the electricity entity to inform persons seeking or in receipt of network services of the terms on which the services are provided (including the charges for the services) and of any changes in those terms; and
	(g)	requiring the electricity entity to carry out work to locate powerlines underground in accordance with a program established under Part 5A; and
	(h)	requiring the electricity entity to comply with—
	(i)	specified provisions for or relating to the granting to other electricity entities of rights to use or have access to the entity's transmission or distribution network (on non-discriminatory terms) for the transmission or distribution of electricity by the other entities; and
	(ii)	any scheme that the Commission may establish by a code made under the Essential Services Commission Act 2002 for the resolution of disputes in relation to such rights; and
	(i)	requiring the electricity entity to comply with—
	(i)	specified provisions for or relating to the granting to all electricity entities and customers of a class specified in the condition of rights to use or have access to the entity's transmission or distribution network (on non-discriminatory terms) to obtain electricity from the network; and
	(ii)	any scheme that the Commission may establish by a code made under the Essential Services Commission Act 2002 for the resolution of disputes in relation to such rights; and
	(j)	requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) establishing a scheme—
	(i)	for other bodies to use or have access to the entity's transmission or distribution network for telecommunications purposes (subject to requirements as to technical feasibility and preservation of visual amenity); and
	(ii)	for the resolution of disputes in relation to such use or access by a person other than the Commission who is appointed by the Commission; and
	(k)	requiring the electricity entity to participate in an ombudsman scheme—
	(i)	that applies to the electricity supply industry and to other regulated industries (within the meaning of the Essential Services Commission Act 2002) prescribed by regulation; and
	(ii)	the terms and conditions of which are approved by the Commission; and
	(l)	requiring the electricity entity to maintain insurance against any liability for causing a bushfire and to provide the Commission with a certificate of the insurer or the insurance broker by whom the insurance was arranged certifying (in a manner approved by the Commission) that the insurance is adequate and appropriate given the nature of the operations carried out under the entity's licence and the risks entailed in those operations; and
	(m)	in the case of a licence authorising the operation of a transmission network—
	(i)	requiring the business of the operation of the transmission network authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions; and
	(ii)	requiring the electricity entity—
	(A)	to grant to each electricity entity holding a licence authorising the generation of electricity or the operation of a distribution network rights to use or have access to the entity's transmission network that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and
	(B)	in the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Commission as to those terms; and
	(C)	to comply with any code provisions in force from time to time under the Essential Services Commission Act 2002 establishing a scheme for the resolution of disputes in relation to such rights; and
	(n)	in the case of a licence authorising the operation of a distribution network—
	(i)	requiring the business of the operation of the distribution network authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions; and
	(ii)	requiring the electricity entity—
	(A)	to grant to each electricity entity holding a licence authorising the generation of electricity or the operation of a transmission network rights to use or have access to the entity's distribution network that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and
	(B)	in the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Commission as to those terms; and
	(C)	to comply with any code provisions in force from time to time under the Essential Services Commission Act 2002 establishing a scheme for the resolution of disputes in relation to such rights; and
	(iii)	requiring the electricity entity to establish customer consultation processes of a specified kind; and
	(iv)	requiring or relating to standard contractual terms and conditions to apply to the supply of electricity to small customers or customers of a prescribed class; and
	(v)	requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) imposing minimum standards of service for customers that are at least equivalent to the actual levels of service for such customers prevailing during the year prior to the commencement of this section and take into account relevant national benchmarks developed from time to time, and requiring the entity to monitor and report on levels of compliance with those minimum standards; and
	(vi)	requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) limiting the grounds on which the supply of electricity to customers may be disconnected and prescribing the process to be followed before the supply of electricity is disconnected; and
	(vii)	requiring a specified process to be followed to resolve disputes between the electricity entity and customers as to the supply of electricity; and
	(viii)	requiring the electricity entity to enter into and comply with an agreement (on terms approved from time to time by the Commission) with each person holding a licence authorising the retailing of electricity who provides services to the same customers as the entity as to the co-ordination of the provision of services to those customers; and
	(ix)	requiring the electricity entity to sell and supply electricity (on terms and conditions approved by the Commission) to customers of another electricity entity whose licence under this Act to carry on retailing of electricity is suspended or cancelled or whose right to acquire electricity from the market for wholesale trading in electricity is suspended or terminated or who has ceased to retail electricity in the State (a retailer of last resort requirement); and
	(x)	requiring the electricity entity—
	(A)	to investigate, before it makes any significant expansion of the distribution network or the capacity of the distribution network, whether it would be cost effective to avoid or postpone such expansion by implementing measures for the reduction of demand for electricity from the network; and
	(B)	to prepare and publish reports relating to such demand management investigations and measures.
	(2)	A condition of an electricity entity's licence imposed under subsection (1)(h) is not to be taken to require the granting to other electricity entities of rights to use or have access to the entity's transmission or distribution network for the support or use of electricity infrastructure of the other entities.
	(3)	A retailer of last resort requirement operates only until 30 June 2010.
	(4)	The obligation to sell and supply electricity to a customer imposed by a retailer of last resort requirement continues only until the end of three months from the event giving rise to the obligation or until the customer advises the electricity entity that the sale and supply is no longer required, whichever first occurs.
	(5)	A licence that is subject to a retailer of last resort requirement is to be taken to authorise the sale and supply of electricity in accordance with the requirement.
	(5a)	If an electricity entity fails, within a period of 90 days from a date specified by the Commission by written notice to the entity, to enter into an agreement with another electricity entity specified by the Commission as required by a condition of the entity's licence imposed under subsection (1)(n)(viii), the entities will, if the Commission so determines and notifies the entities in writing, be taken to have entered into such an agreement containing terms specified in the notice.
	(5b)	The Commission may, by written notice to the electricity entities bound by—
	(a)	an agreement entered into as required by conditions of their licences imposed under subsection (1)(n)(viii) and section 24(2)(h); or
	(b)	an agreement imposed under subsection (5a),
vary or substitute terms of the agreement.
	(6)	This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the operation of a transmission or distribution network.
24—Licences authorising retailing
	(2)	The Commission must make a licence authorising the retailing of electricity subject to conditions determined by the Commission—
	(a)	requiring, if the holder of the licence is a related body corporate (within the meaning of the Corporations Law) in relation to the holder of a licence authorising the operation of a distribution network, the business of the retailing of electricity authorised by the licence to be kept separate from the business of the operation of the distribution network in the manner and to the extent specified in the conditions; and
	(b)	if the electricity entity sells electricity to customers of a prescribed class, requiring the electricity entity to maintain specified accounting records and to prepare accounts according to specified principles; and
	(c)	requiring the electricity entity to establish customer consultation processes of a specified kind; and
	(d)	requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002 on or before the prescribed date) relating to the provision of pricing information to enable small customers to compare competing offers in the retailing of electricity; and
	(da)	requiring the electricity entity to include (in a print size and form prescribed by regulation) in each account for electricity charges sent to a small customer information prescribed by regulation, including information relating to—
	(i)	the customer's electricity consumption during the preceding 12 months; and
	(ii)	the entity's daily charges for electricity during the period to which the account relates; and
	(iii)	obtaining advice through the Commission about reducing electricity consumption and about electricity consumer choices; and
	(iv)	greenhouse gas emissions associated with the customer's electricity consumption; and
	(e)	requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) relating to standard contractual terms and conditions to apply to the sale of electricity to small customers; and
	(f)	requiring the electricity entity to provide services specified by the Commission, on a costs recovery basis approved by the Commission, to an electricity entity that becomes bound to sell and supply electricity under a retailer of last resort requirement; and
	(h)	requiring the electricity entity to enter into and comply with an agreement (on terms approved from time to time by the Commission) with each person holding a licence authorising the operation of a distribution network who provides services to the same customers as the entity as to the co-ordination of the provision of services to those customers; and
	(i)	requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) imposing minimum standards of service for customers that are at least equivalent to the actual levels of service for such customers prevailing during the year prior to the commencement of this section and take into account relevant national benchmarks developed from time to time, and requiring the entity to monitor and report on levels of compliance with those minimum standards; and
	(j)	requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) limiting the grounds on which the supply of electricity to customers may be discontinued or disconnected and prescribing the process to be followed before the supply of electricity is discontinued or disconnected; and
	(k)	requiring a specified process to be followed to resolve disputes between the electricity entity and customers as to the sale of electricity; and
	(l)	if the electricity entity sells electricity to customers with an annual electricity consumption level of less than 750MW.h per year, requiring the electricity entity to participate in an ombudsman scheme—
	(i)	that applies to the electricity supply industry and to other regulated industries (within the meaning of the Essential Services Commission Act 2002) prescribed by regulation; and
	(ii)	the terms and conditions of which are approved by the Commission; and
	(m)	requiring the electricity entity—
	(i)	to investigate strategies for achieving a reduction of greenhouse gas emissions to such targets as may be set by the Environment Protection Authority from time to time or such levels as may be binding on the entity from time to time, including strategies for promoting the efficient use of electricity and the sale, as far as is commercially and technically feasible, of electricity produced through cogeneration or from sustainable sources; and
	(ii)	to prepare and publish annual reports on the implementation of such strategies.
	(4)	This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the retailing of electricity.
24A—Licences authorising system control
	(1)	The Commission must make a licence authorising system control over a power system subject to conditions determined by the Commission requiring the business of system control authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions.
	(2)	This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising system control over a power system.
24B—Licence conditions and National Electricity Code
Despite the preceding provisions of this Part, the Commission is not to impose a condition on a licence if the Commission is satisfied that the condition would duplicate, or be inconsistent with, regulatory requirements under the National Electricity Code.
25—Offence to contravene licence conditions
	(1)	An electricity entity must not contravene a condition of its licence.
Maximum penalty: $1 000 000.
	(2)	An offence against subsection (1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed for the offence is a fine not exceeding $20 000.
27—Variation of licence
	(1)	The Commission may vary the terms or conditions of an electricity entity's licence by written notice to the entity as the Commission considers appropriate (but not so as to remove a condition that the Commission is required by this Act to impose on such a licence).
	(2)	A variation may only be made—
	(a)	on application by the electricity entity or with the electricity entity's agreement; or
	(b)	after giving the electricity entity reasonable notice of the proposed variation and allowing the entity a reasonable opportunity to make representations about the proposed variation.
28—Transfer of licence
	(1)	A licence may only be transferred with the Commission's agreement.
	(2)	The Commission may impose conditions on the transfer of a licence, or vary the terms and conditions of the licence on its transfer.
	(3)	The Commission must not agree to the transfer of a licence if the transferee would not be entitled to the issue of the licence.
	(4)	An application for agreement to the transfer of a licence must—
	(a)	be made by the transferor with the consent of the transferee to the Commission in a form approved by the Commission; and
	(b)	contain the information specified in the form.
	(5)	The applicant must pay to the Commission an application fee fixed by the Minister of an amount that the Minister considers appropriate to meet the reasonable costs of determining the application.
	(6)	The applicant must give the Commission further relevant information requested by the Commission.
28A—Consultation with consumer bodies
The Commission may, before issuing a licence, agreeing to the transfer of a licence or determining or varying conditions of a licence, consult with and have regard to the advice of—
	(a)	the Commissioner for Consumer Affairs; and
	(b)	the consumer advisory committee established under Part 2.
28B—Notice of licence decisions
	(1)	The Commission must give an applicant for a licence, or for agreement to the transfer of a licence, written notice of the Commission's decision on the application.
	(2)	The Commission must give the holder of a licence written notice of any decision by the Commission affecting the terms or conditions of the licence.
29—Surrender of licence
	(1)	An electricity entity may, by written notice given to the Commission, surrender its licence.
	(2)	The notice must be given to the Commission at least six months before the surrender is to take effect or, if the licence requires a longer period of notice, as required by the licence.
	(3)	The Commission may, by agreement with the electricity entity, shorten the required period of notice.
30—Register of licences
	(1)	The Commission must keep a register of the licences currently held by electricity entities under this Act.
	(2)	The register must include—
	(a)	the terms and conditions of each licence; and
	(b)	other information required under the regulations.
	(3)	A person may, without payment of a fee, inspect the Register.

Division 2—System controller
31—Functions and powers of system controller
	(1)	Subject to the regulations, a system controller for a power system has the function of monitoring and controlling the operation of the power system with a view to ensuring that the system operates safely and reliably.
	(2)	A system controller for a power system has, in carrying out the system controller's functions under this Act—
	(a)	power to issue directions to electricity entities that are engaged in the operation of the power system, or contribute electricity to, or take electricity from, the power system; and
	(b)	the other powers conferred by regulation.
	(3)	Without limiting subsection (2)(a), the directions may include directions—
	(a)	to switch off or reroute a generator;
	(b)	to call equipment into service;
	(c)	to take equipment out of service;
	(d)	to commence operation or maintain, increase or reduce active or reactive power output;
	(e)	to shut down or vary operation;
	(f)	to shed or restore customer loads.
	(4)	If an electricity entity refuses or fails to comply with a direction of a system controller, the system controller may—
	(a)	authorise a person to take the action required by the direction or to cause the action to be taken; and
	(b)	give the electricity entity any directions the system controller considers necessary to facilitate the taking of the action.
	(5)	Costs and expenses incurred in taking action or causing action to be taken under subsection (4) are recoverable from the electricity entity by the system controller as a debt in a court of competent jurisdiction.
	(6)	The functions and powers of a system controller for a power system operated in the National Electricity Market (ie the market regulated by the National Electricity Law) may only be performed or exercised in a manner that is consistent with the National Electricity (South Australia) Law and the National Electricity Code.
34—Remuneration of system controller
A system controller will, in accordance with the regulations, be entitled to impose and recover charges in respect of the performance of the system controller's functions.
35—Obligation to preserve confidentiality
	(1)	A system controller must preserve the confidentiality of information that—
	(a)	could affect the competitive position of an electricity entity or other person; or
	(b)	is commercially sensitive for some other reason.
	(2)	Information classified by a system controller as confidential is not liable to disclosure under the Freedom of Information Act 1991.

Division 2A—Price regulation
35A—Price regulation by Commission
	(1)	The Commission may make a determination under the Essential Services Commission Act 2002 regulating prices, conditions relating to prices and price-fixing factors for—
	(a)	the sale and supply of electricity to small customers;
	(b)	the sale and supply of electricity to customers of another electricity entity as required by a retailer of last resort requirement (see section 23(1)(n)(ix));
	(c)	subject to the National Electricity (South Australia) Law and the National Electricity Code—network services;
	(d)	other goods and services in the electricity supply industry specified by the Minister by notice in the Gazette.
	(2)	In making a determination, the Commission must (in addition to having regard to the factors specified in the Essential Services Commission Act 2002) have regard to the principle that the prices charged to small customers for network services in relation to the transmission network in South Australia and the distribution networks that are connected to it should be at the same rates for all small customers regardless of their location.
	(3)	The Minister may, by further notice in the Gazette, vary or revoke a notice under subsection (1)(d).
	(4)	Despite the provisions of the Essential Services Commission Act 2002, the operation of a determination of a kind referred to in subsection (1)(a) is not to be stayed pending the determination of an application for review or an appeal under Part 6 of that Act.
35B—Initial electricity pricing order
	(1)	The Treasurer may issue an order (an electricity pricing order) regulating prices, conditions relating to prices and price-fixing factors for—
	(a)	the sale and supply of electricity to non-contestable customers or customers of a prescribed class;
	(b)	the sale and supply of electricity to customers of another electricity entity as required by a retailer of last resort requirement (see section 23(1)(n)(ix));
	(c)	subject to the National Electricity (South Australia) Law and the National Electricity Code—network services;
	(d)	other goods and services in the electricity supply industry.
	(2)	The Treasurer must not issue an electricity pricing order after a date fixed by proclamation.
	(3)	An electricity pricing order may regulate prices, conditions relating to prices or price-fixing factors in any manner the Treasurer considers appropriate, including—
	(a)	fixing a price or the rate of increase or decrease in a price;
	(b)	fixing a maximum price or maximum rate of increase or minimum rate of decrease in a maximum price;
	(c)	fixing an average price for specified goods or services or an average rate of increase or decrease in an average price;
	(d)	specifying pricing policies or principles;
	(e)	specifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;
	(f)	specifying an amount determined by reference to quantity, location, period or other specified factor relevant to the supply of specified goods or services;
	(g)	fixing a maximum revenue, or maximum rate of increase or minimum rate of decrease in maximum revenue, in relation to specified goods or services.
	(4)	An electricity pricing order may provide that a calculation is to be performed, or a matter is to be determined, by the Commission in a manner specified by the order.
	(5)	A determination of the Commission for the purposes of an electricity pricing order will not, except as provided in the order, be taken to be a determination for the purposes of the Essential Services Commission Act 2002.
	(6)	An electricity pricing order may require an electricity entity to provide information to other electricity entities, customers or others, or generally publish information, relating to prices, conditions relating to prices or price-fixing factors.
	(7)	An electricity pricing order—
	(a)	takes effect on a date specified in the order; and
	(b)	cannot be varied (except as contemplated by the order) or revoked.
	(8)	Notice of the making of an electricity pricing order must be published—
	(a)	in the Gazette; and
	(b)	in a newspaper circulating generally in the State.
	(9)	The notice must include a brief description of the nature and effect of the electricity pricing order and state how a copy of the order may be inspected or purchased.
	(10)	The Treasurer must—
	(a)	send a copy of an electricity pricing order to each licensed entity to which the order applies; and
	(b)	ensure that copies of the order are available for inspection and purchase by members of the public.
	(10a)	The following provisions apply in relation to the electricity pricing order notified in the Gazette on 11 October 1999 at page 1471:
	(a)	despite subsection (7), the order is varied as proposed by the Treasurer by notice published in the Gazette on 28 June 2000 at page 3397 and is further varied as proposed by the Minister by notice published in the Gazette on 5 December 2002 at page 4458;
	(b)	the Minister must ensure that copies of the order as so varied are sent to each licensed entity to which the order applies and are made available for inspection and purchase by members of the public;
	(c)	a reference to the order in any document is, unless the context otherwise requires, to be taken to be a reference to the order as so varied.
	(11)	An electricity entity must comply with an electricity pricing order or part of an electricity pricing order that applies to the entity.
	(12)	The Commission must—
	(a)	perform any functions that an electricity pricing order contemplates will be performed by the Commission for the purposes of the order; and
	(b)	enforce an electricity pricing order in the same way as if it were a determination of the Commission under this Division.
	(13)	The Commission's powers under this Division and the Essential Services Commission Act 2002 are restricted to the extent specified in an electricity pricing order.
	(14)	In this section—
price includes a price range.

Division 3—Standard terms and conditions for sale or supply
36—Standard terms and conditions for sale or supply
	(1)	An electricity entity may, from time to time, fix standard terms and conditions governing the sale or supply of electricity (including the service of making connections to a transmission or distribution network) by the entity to small customers or customers of a prescribed class.
	(2)	An electricity entity must publish in the Gazette a notice setting out any standard terms and conditions fixed by the entity.
	(2a)	An electricity entity must, when it publishes a notice in the Gazette under subsection (2), also publish a notice in a newspaper circulating generally in the State describing the general nature of the standard terms and conditions and advising where a person may read or obtain a copy of the standard terms and conditions.
	(3)	Standard terms and conditions fixed under this section—
	(a)	must comply with the conditions of the electricity entity's licence; and
	(b)	come into force on the day specified by the electricity entity in the notice of the standard terms and conditions published in the Gazette under this section, being a day not earlier than the day on which the notice is published; and
	(c)	when in force are contractually binding on the electricity entity and the class of customers to which the terms and conditions are expressed to apply; and
	(d)	will, if they vary or exclude the operation of section 78(1) of the National Electricity Law, form an agreement between the electricity entity and each of the customers to which they are expressed to apply for the purposes of that section.
	(4)	Subject to the conditions of an electricity entity's licence, a standard term or condition fixed under this section may be modified or excluded by express agreement between the entity and a customer of the entity.
	(5)	An electricity entity that has fixed standard terms and conditions under this section must—
	(a)	supply a copy of the standard terms and conditions, without charge, on request made to the entity at a place approved by the Commission; and
	(b)	publish the standard terms and conditions on a website maintained by the entity.
Maximum penalty: $2 500.

Division 3AA—Special provisions relating to small customers
36AA—Provision for standing contract with small customers
	(1)	This section applies to an electricity entity holding a licence authorising the retailing of electricity that is declared by the Governor under this section to be an electricity entity to which this section applies.
	(2)	It is a condition of the electricity entity's licence that the entity must, at the request of a small customer, agree to sell electricity to the customer at the entity's standing contract price and subject to the entity's standing contract terms and conditions.
	(3)	A customer to whom the electricity entity was selling electricity immediately before the commencement of this section is, on that commencement, if—
	(a)	the customer is then a small customer; and
	(b)	has not contracted with another electricity entity for the purchase of electricity from that commencement,
to be taken to have requested that the entity sell electricity to the customer on the basis referred to in subsection (2).
	(4)	The entity is not required to sell electricity to a customer in compliance with the condition imposed under subsection (2) if the entity is entitled in accordance with the entity's standing contract terms and conditions to refuse to sell electricity to the customer.
	(4a)	The following provisions apply in relation to the fixing by the Commission of a standing contract price for an entity for the purposes of this section:
	(a)	the Commission may fix the price by a determination of a kind referred to in section 35A(1)(a);
	(b)	a determination must provide for the expiry of the determination at the end of a period of not less than 3 years specified in the determination;
	(c)	a determination may provide for prices that vary at specified times according to a formula specified in the determination.
	(5)	The Governor may, by proclamation—
	(a)	declare that this section applies to a specified electricity entity; and
	(b)	vary or revoke such a declaration.
	(6)	In this section—
standing contract price, in relation to an electricity entity, means whichever of the following is the price last fixed:
	(a)	the price fixed for the sale of electricity to non-contestable customers by the electricity pricing order under section 35B immediately before 1 January 2003;
	(b)	a price fixed by the entity as the entity's standing contract price by notice published in the Gazette and in a newspaper circulating generally in the State, where—
	(i)	the price was fixed by the notice with effect from the end of the period of 3 months from the date of publication of the notice; and
	(ii)	the notice contained a statement of the entity's justification for the price; and
	(iii)	the Commission did not, within the period of 3 months, fix the entity's standing contract price as referred to in paragraph (c);
	(c)	a price fixed by the Commission as the entity's standing contract price by a determination of a kind referred to in section 35A(1)(a);
standing contract terms and conditions means terms and conditions that have been published by the electricity entity under section 36 as the entity's standing contract terms and conditions.
	(7)	The Governor may, by proclamation, fix a day on which this section expires.
36AB—Provision for default contract with small customers
	(1)	This section applies to an electricity entity holding a licence authorising the retailing of electricity that sells electricity to one or more small customers in South Australia.
	(2)	It is a condition of the electricity entity's licence that the entity must, if the entity becomes bound, in accordance with the regulations, to sell electricity to a small customer under a default contract arrangement for a period specified in the regulations—
	(a)	give the customer a written notice in accordance with the regulations; and
	(b)	sell electricity to the customer at the entity's default contract price and subject to the entity's default contract terms and conditions for that period.
	(3)	In this section—
default contract price, in relation to an electricity entity, means whichever of the following is the price last fixed:
	(a)	the price fixed for the sale of electricity to non-contestable customers by the electricity pricing order under section 35B immediately before 1 January 2003;
	(b)	a price fixed by the entity as the entity's default contract price by notice published in the Gazette and in a newspaper circulating generally in the State, where—
	(i)	the price was fixed by the notice with effect from the end of the prescribed period from the date of publication of the notice; and
	(ii)	the notice contained a statement of the entity's justification for the price; and
	(iii)	the Commission did not, within the prescribed period, fix the entity's default contract price as referred to in paragraph (c);
	(c)	a price fixed by the Commission as the entity's default contract price by a determination of a kind referred to in section 35A(1)(a);
default contract terms and conditions means terms and conditions that have been published by the electricity entity under section 36 as the entity's default contract terms and conditions.

Division 3A—Protection of property in infrastructure
36A—Electricity infrastructure does not merge with land
Subject to any agreement in writing to the contrary, the ownership of electricity infrastructure constructed or installed for operation by an electricity entity is not affected by its affixation or annexation to land.
36B—Prevention of dismantling of electricity infrastructure in execution of judgment
	(1)	Electricity infrastructure owned or operated by an electricity entity cannot be dismantled in execution of a judgment.
	(2)	This section does not prevent the sale of an electricity generating plant or a transmission or distribution network as a going concern in execution of a judgment.

Division 4—Suspension or cancellation of licences
37—Suspension or cancellation of licences
	(1)	The Commission may, if satisfied that—
	(a)	the holder of a licence obtained the licence improperly; or
	(b)	the holder of a licence has been guilty of a material contravention of a condition of the licence or any other requirement imposed by or under this Act or any other Act in connection with the operations authorised by the licence; or
	(c)	the holder of a licence has ceased to carry on operations authorised by the licence; or
	(d)	there has been any act or default or change of circumstances such that the holder of a licence would no longer be entitled to the issue of such a licence,
suspend or cancel the licence with effect from a specified date.
	(2)	A suspension under this section may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Commission.
	(3)	Before the Commission acts under this section, the Commission must—
	(a)	notify the holder of the licence in writing of the proposed action specifying the reasons for the proposed action; and
	(b)	allow the holder of the licence at least 14 days within which to make submissions to the Commission in relation to the proposed action.

Division 5—Commission's powers to take over operations
38—Power to take over operations
	(1)	If—
	(a)	an electricity entity contravenes a condition of its licence or any other requirement of this Act, or an electricity entity's licence ceases, or is to cease, to be in force; and
	(b)	it is necessary, in the Commission's opinion, to take over the entity's operations (or some of them) to ensure an adequate supply of electricity to customers,
the Governor may make a proclamation under this section.
	(2)	Before a proclamation is made under this section, the Commission must give the electricity entity a reasonable opportunity to make written representations giving reasons why the proclamation should not be made.
	(3)	A proclamation under this section—
	(a)	authorises the Commission to take over the electricity entity's operations or a specified part of the electricity entity's operations; and
	(b)	may contain ancillary directions (and may, in particular, contain directions about how the costs of carrying on the operations, and revenue generated from the operations, are to be dealt with).
	(4)	A direction under subsection (3)(b) operates to the exclusion of rights that are inconsistent with it.
39—Appointment of operator
	(1)	When a proclamation is made under this Part, the Commission must appoint a suitable person (who may, but need not, be an electricity entity) to take over the relevant operations on agreed terms and conditions.
	(2)	A person appointed to take over an electricity entity's operations is referred to in this section as the operator.
	(2a)	The operator must comply with any applicable provisions of the National Electricity (South Australia) Law and the National Electricity Code.
	(3)	The electricity entity must facilitate the take over of the relevant operations by the operator.
	(4)	The operator may have access to the electricity infrastructure and other property of the electricity entity for the purposes of carrying on the relevant operations.
	(5)	A person must not obstruct the operator's access to property or the exercise by the operator of the operator's responsibilities under this Part.
Maximum penalty: $250 000.
	(6)	A person must comply with reasonable directions given by the operator in the exercise of the operator's responsibilities under this Part.
Maximum penalty: $250 000.

Part 4—Electricity entities' powers and duties
Division 1—Electricity officers
41—Appointment of electricity officers
	(1)	An electricity entity may, subject to conditions determined by the Minister, appoint a person to be an electricity officer for the entity.
	(2)	An electricity officer may only exercise powers under this Act subject to the conditions of appointment and any directions given to the electricity officer by the entity.
42—Conditions of appointment
	(1)	An electricity officer may be appointed for a stated term or for an indefinite term that continues while the officer holds a stated office or position.
	(2)	An electricity officer may be removed from office by the electricity entity.
43—Electricity officer's identity card
	(1)	An electricity entity must give each electricity officer for the entity an identity card.
	(2)	The identity card must be in a form approved by the Minister and must—
	(a)	contain a photograph of the electricity officer taken for the purpose; and
	(b)	be signed by the electricity officer; and
	(c)	identify the electricity officer as an electricity officer for the relevant electricity entity.
	(3)	A person must, within two days after ceasing to be an electricity officer, return the identity card to the electricity entity.
Maximum penalty: $250.
44—Production of identity card
An electricity officer must, before exercising a power in relation to another person, produce the officer's identity card for inspection by the other person.

Division 2—Powers and duties relating to infrastructure
45—Entry on land to conduct surveys etc
	(1)	An electricity entity may, by agreement with the occupier of land or on the authorisation of the Minister, enter and remain on land to conduct surveys or assess the suitability of the land for the construction or installation of electricity infrastructure.
	(2)	The Minister may authorise an electricity entity to enter and remain on land under this section on conditions the Minister considers appropriate.
	(3)	If an electricity entity enters land under the authorisation of the Minister, the electricity entity—
	(a)	must give reasonable notice of the proposed entry on land under this section to the occupier; and
	(b)	must minimise the impact of work carried out by the electricity entity on activities of others on the land; and
	(c)	must comply with the conditions of the authorisation.
46—Acquisition of land
	(1)	An electricity entity may acquire land in accordance with the Land Acquisition Act 1969.
	(2)	An electricity entity may only acquire land by compulsory process under the Land Acquisition Act 1969 if the acquisition is authorised in writing by the Minister.
47—Power to carry out work on public land
	(1)	Subject to this section, an electricity entity may—
	(a)	install electricity infrastructure on public land; or
	(b)	operate, maintain, repair, alter, add to, remove or replace electricity infrastructure on public land; or
	(c)	carry out other work on public land for the generation, transmission, distribution or supply of electricity.
	(2)	Without limiting subsection (1), the electricity entity may—
	(a)	erect powerlines on public land;
	(b)	excavate public land and install underground cables.
	(2a)	This section does not apply to work of a kind that may be carried out under the statutory easement under Schedule 1 of the Electricity Corporations (Restructuring and Disposal) Act 1999.
	(3)	Subject to this section, an electricity entity must—
	(a)	give the authority responsible for the management of public land not less than seven days' notice of the entity's intention to carry out work on the land; and
	(b)	secure the authority's agreement to the carrying out of the work.
	(4)	An agreement under this section may contain conditions the authority responsible for management of the land considers appropriate in the public interest.
	(5)	Prior notice and agreement are not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection.
	(6)	Agreement is not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection.
	(7)	If a dispute arises between an electricity entity and the authority responsible for managing public land about whether work should be permitted under this section on the land or about the conditions on which work should be permitted on public land, either party to the dispute may refer the dispute to the Minister.
	(8)	Subsection (7) does not apply to a dispute where the authority responsible for managing the public land is a Minister or a person or body to whom directions may be given by a Minister in relation to the matter in dispute.
	(9)	If a dispute is referred to the Minister under this section, the Minister must—
	(a)	allow the parties to the dispute the opportunity to make representations to the Minister on the questions at issue in the dispute; and
	(b)	make a reasonable attempt to get the parties to agree to settlement of the dispute on agreed terms.
	(10)	If the Minister cannot get the parties to agree, the Minister may make—
	(a)	an order that the work is or is not permitted on the land;
	(b)	if the Minister orders that the work is permitted, an order fixing the conditions on which the work is permitted,
as the Minister thinks fit.
	(13)	An electricity entity must make good any damage caused by the exercise of powers under this section as soon as practicable or pay reasonable compensation for the damage.
	(14)	An electricity entity may only act under this section in relation to public land in a way that interferes with the continued enjoyment or exercise of rights deriving from native title in the land by agreement with the Minister (on behalf of the State) and the holders of native title in the land.
	(15)	This section does not derogate from the obligation to comply with the provisions of any other Act.
	(16)	In this section—
native title and holder of native title have the same meanings as in the Native Title (South Australia) Act 1994;
public land means land owned by the Crown or an instrumentality or agent of the Crown or by a council or other local government body, including any such land that is subject to native title.
48—Entry under easements for purposes related to infrastructure
	(2)	Subject to this section, if an electricity officer seeks to enter land pursuant to rights conferred on an electricity entity by a statutory or other easement relating to electricity infrastructure situated on the land, the officer must give reasonable written notice to the occupier of the land stating the reason and the date and time of the proposed entry.
	(3)	If the proposed entry is refused or obstructed, an electricity officer may obtain a warrant under Part 9 to enter the land.
	(4)	In an emergency, an electricity officer may exercise a power of entry referred to in this section—
	(a)	at any time and without prior notice if it is not practicable to give such notice; and
	(b)	if necessary in the circumstances, by the use of reasonable force.
	(6)	An electricity officer may not enter a place under a warrant or by force in an emergency unless accompanied by a member of the police force.
	(7)	An electricity entity must make good any damage caused by the exercise of powers under a warrant or by force in an emergency as soon as practicable or pay reasonable compensation for the damage.
48A—Easements and access to infrastructure for data transmission and telecommunications
	(1)	Where electricity infrastructure owned or operated by an electricity entity is situated on land that does not belong to the entity, any powers or rights that the entity has under this Act or pursuant to a statutory or other easement for the purposes of installing, operating and carrying out work relating to electricity infrastructure on that land will be taken also to be exercisable for the purposes of—
	(a)	installing telecommunications cables or equipment by attaching it to or incorporating it in the electricity infrastructure on the land; and
	(b)	operating and carrying out work relating to telecommunications cables or equipment so installed; and
	(c)	operating the electricity infrastructure on the land for telecommunications.
	(2)	Powers and rights conferred on an electricity entity under subsection (1) will also, with the consent of the electricity entity, be exercisable by another body in the same manner and subject to the same conditions as would apply if the other body were the electricity entity and persons appointed by the other body subject to conditions determined by the Minister were electricity officers.
	(3)	This section has effect despite the Real Property Act 1886 or any other law.

Division 3—Powers relating to installations
49—Entry to inspect etc electrical installations
	(1)	An electricity officer for an electricity entity may, at any reasonable time, enter and remain in a place to which electricity is, is to be, or has been, supplied by the entity—
	(a)	to inspect electrical installations in the place to ensure that it is safe to connect or reconnect electricity supply; or
	(b)	to take action to prevent or minimise an electrical hazard; or
	(c)	to investigate suspected theft of electricity.
	(2)	In an emergency, an electricity officer may exercise a power of entry under this section at any time and, if necessary in the circumstances, by the use of reasonable force.
	(3)	When an electricity officer enters a place under this section, the electricity officer—
	(a)	may be accompanied by such assistants as the electricity officer considers necessary or appropriate; and
	(b)	may take any vehicles or equipment the electricity officer considers necessary or appropriate for the functions the electricity officer is to carry out in the place.
	(4)	An electricity officer may not enter a place by force in an emergency unless accompanied by a member of the police force.
	(5)	If in the opinion of an electricity officer an electrical installation is unsafe, the electricity officer may disconnect the electricity supply to the place in which the installation is situated until the installation is made safe to the satisfaction of the electricity officer.
50—Entry to read meters etc
An electricity officer for an electricity entity may, at any reasonable time, enter and remain in a place to which electricity is, or is to be, sold or supplied by the entity—
	(a)	to read, or check the accuracy of, a meter for recording consumption of electricity; or
	(b)	to examine the electrical installations in the place to determine load classification and the appropriate price for the sale of electricity; or
	(c)	to install, repair or replace meters, control apparatus and other electrical installations in the place.
51—Entry to disconnect supply
If an electricity officer has proper authority to disconnect an electricity supply to a place, the electricity officer may, at any reasonable time, enter and remain in the place to disconnect the electricity supply to the place.
52—Disconnection of supply if entry refused
	(1)	If an electricity officer seeks to enter a place under this Division and entry is refused or obstructed, the electricity entity may, by written notice to the occupier of the place, ask for consent to entry by an electricity officer.
	(2)	The notice must state the reason and the date and time of the proposed entry.
	(3)	If entry is again refused or obstructed, the electricity entity may—
	(a)	if it is possible to do so—disconnect the electricity supply to the place without entering the place; or
	(b)	if not—obtain a warrant under Part 9 to enter the place for the purpose of disconnecting the electricity supply, enter the place under the warrant and disconnect the electricity supply.
	(4)	An electricity officer may not enter a place under a warrant unless accompanied by a member of the police force.
	(5)	An electricity entity must make good any damage caused by the exercise of powers under this section as soon as practicable or pay reasonable compensation for the damage.
	(6)	The electricity entity must restore the electricity supply if—
	(a)	the occupier—
	(i)	consents to the proposed entry; and
	(ii)	pays the appropriate reconnection fee; and
	(b)	it is safe to restore the electricity supply; and
	(c)	there is no other lawful ground for refusing to restore the electricity supply.

Division 4—Powers and duties in emergencies
53—Electricity entity may cut off electricity supply to avert danger
	(1)	An electricity entity may, without incurring any liability, cut off the supply of electricity to any region, area, land or place if it is, in the entity's opinion, necessary to do so to avert danger to person or property.
	(2)	If an electricity entity proposes to cut off a supply of electricity in order to avert danger of a bush fire, the entity should, if practicable, consult with the Country Fire Service Board, or a delegate of that Board, before doing so.
54—Emergency legislation not affected
Nothing in this Act affects the exercise of any power, or the obligation of an electricity entity to comply with any direction, order or requirement, under the Emergency Management Act 2004, Emergency Powers Act 1941, Essential Services Act 1981 or State Emergency Service Act 1987.

Part 5—Clearance of vegetation from powerlines
Division 1—Duties in relation to vegetation clearance
55—Duties in relation to vegetation clearance
	(1)	An electricity entity has a duty to take reasonable steps—
	(a)	to keep vegetation of all kinds clear of public powerlines under the entity's control other than powerlines in relation to which the duty to keep vegetation clear is conferred on a council under a vegetation clearance scheme; and
	(b)	to keep naturally occurring vegetation clear of private powerlines under the entity's control,
in accordance with the principles of vegetation clearance.
	(1a)	A vegetation clearance scheme may, in accordance with Division 2, confer on a council the duty to take reasonable steps to keep vegetation of all kinds clear of public powerlines that are—
	(a)	designed to convey electricity at 11 kV or less; and
	(b)	within both the council's area and an area prescribed by the regulations (a prescribed area); and
	(c)	not on, above or under private land,
in accordance with the principles of vegetation clearance.
	(2)	The occupier of private land has (subject to the principles of vegetation clearance) a duty to take reasonable steps to keep vegetation (other than naturally occurring vegetation) clear of any private powerline on the land in accordance with the principles of vegetation clearance.
	(3)	If vegetation is planted or nurtured near a public powerline contrary to the principles of vegetation clearance, the entity or council that has the duty under this Part to keep vegetation clear of the powerline may remove the vegetation and recover the cost of so doing as a debt from the person by whom the vegetation was planted or nurtured.
	(4)	If a council or occupier should have, but has not, kept vegetation clear of a powerline under an electricity entity's control in accordance with a duty of the council or occupier under this Part, the electricity entity may carry out the necessary vegetation clearance work (but the entity incurs no liability for failure to carry out such work).
	(5)	Any costs incurred by an electricity entity in carrying out vegetation clearance work under subsection (4) or repairs to a powerline required as a result of failure by a council or occupier to carry out the duty of the council or occupier under this Part may be recovered as a debt from the council or occupier.
	(6)	This Part operates to the exclusion of common law duties, and other statutory duties, affecting the clearance of vegetation from a public powerline or a private powerline, and so operates with respect to vegetation clearance work whether the work is carried out by the person having the duty under this Part to keep vegetation clear of the powerline or in pursuance of a delegation or by a contractor or other agent.

Division 2—Vegetation clearance schemes in prescribed areas
Subdivision 1—Content and nature of schemes
55A—Vegetation clearance schemes
	(1)	An electricity entity may agree a vegetation clearance scheme with a council governing the way in which vegetation is to be kept clear of public powerlines on land (other than private land) within both the council's area and a prescribed area.
	(2)	A vegetation clearance scheme may do one or more of the following:
	(a)	it may require the electricity entity to inspect and clear vegetation more frequently than is required under the principles of vegetation clearance or otherwise govern the way in which the entity will carry out its duty to clear vegetation;
	(b)	it may—
	(i)	contain a delegation by the electricity entity of a function or power under this Part in relation to powerlines designed to convey electricity at 11 kV or less;
	(ii)	require that the electricity entity be indemnified for any liability arising from an act or omission of the council under the delegation;
	(c)	it may confer on the council the duty to keep vegetation of all kinds clear of specified public powerlines that are designed to convey electricity at 11 kV or less;
	(d)	it may exempt the council from the principles of vegetation clearance relating to the planting or nurturing of vegetation near overhead public powerlines;
	(e)	it may impose obligations on the electricity entity or the council with respect to clearance work or reducing the need for clearance work;
Example—
For example, a scheme may provide for—
	•	specified powerlines to be moved or placed underground;
	•	specified vegetation to be removed or restrictions on the types of vegetation that may be planted or nurtured near powerlines;
	•	payments by the council to the entity or by the entity to the council.
	(f)	it may make provision for other related matters.
	(3)	A vegetation clearance scheme cannot derogate from the principles of vegetation clearance except to the extent referred to in subsection (2)(d).
	(4)	A vegetation clearance scheme—
	(a)	must be in writing and (subject to Subdivision 2) executed by the council and the electricity entity; and
	(b)	may be modified by written agreement between the parties.
	(5)	A delegation by the electricity entity under a vegetation clearance scheme—
	(a)	may be subject to conditions specified in the scheme; and
	(b)	may be varied or revoked by the electricity entity in accordance with the terms of the scheme; and
	(c)	does not prevent the electricity entity from acting in any matter.
	(6)	If the duty to keep vegetation of all kinds clear of powerlines is conferred on a council under a vegetation clearance scheme, the principles of vegetation clearance relating to the planting or nurturing of vegetation near powerlines do not apply to vegetation planted or nurtured on land (other than private land) by the council, or on the authority of the council, near overhead public powerlines in relation to which the duty is conferred.
Subdivision 2—Disputes about schemes
55B—Vegetation clearance scheme dispute
	(1)	A vegetation clearance scheme dispute exists if an electricity entity and a council fail to agree on—
	(a)	a proposal for a vegetation clearance scheme under this Division; or
	(b)	a proposal for modification of such a scheme.
	(2)	An electricity entity or a council may, by written notice to the Technical Regulator, ask the Technical Regulator to determine a vegetation clearance scheme dispute under this Division.
	(3)	The notice must contain or be accompanied by the information or documents required by the Technical Regulator.
	(4)	The party seeking a determination must give a copy of the notice to the other party to the dispute.
55C—Circumstances in which Technical Regulator not obliged to determine dispute
	(1)	The Technical Regulator will not determine a vegetation clearance scheme dispute unless—
	(a)	at least six months have passed since the presentation by one of the parties to the other of a written proposal for a vegetation clearance scheme between the parties or for modification of such a scheme; or
	(b)	less than six months have passed since the presentation of such a proposal but the other party has not negotiated reasonably and constructively, or at all, on the proposal.
	(2)	The Technical Regulator is not obliged to determine a vegetation clearance scheme dispute if the Technical Regulator is satisfied—
	(a)	that the subject matter of the dispute is trivial, misconceived or lacking in substance; or
	(b)	taking into account the particular circumstances of the dispute, that the party seeking determination of the dispute has not negotiated reasonably and constructively, or at all, on the proposal; or
	(c)	on the application of a party to the dispute and taking into account the particular circumstances of the dispute, that there are good reasons why the dispute should not be determined.
55D—Determinations
	(1)	The Technical Regulator may, on application under this Subdivision, determine—
	(a)	in the case of a dispute about a proposal for a vegetation clearance scheme—the terms of the scheme;
	(b)	in the case of a dispute about a proposal for modification of a vegetation clearance scheme—whether or not the scheme is to be modified and, if it is to be modified, the terms of the modification.
	(2)	The Technical Regulator may not, in determining a scheme or modification of a scheme, confer on a council the duty to keep vegetation clear of public powerlines except—
	(a)	with the council's consent; or
	(b)	in a case where the Technical Regulator is satisfied that it is appropriate to do so in view of significant failure by the council or the electricity entity to carry out properly, or at all, vegetation clearance work in relation to powerlines in the area and in view of the reasons for the failure.
	(3)	The Technical Regulator may confer a duty on a council in accordance with subsection (2) only in respect of particular powerlines in respect of which the Technical Regulator is satisfied the conferral of the duty is appropriate.
	(4)	If the Technical Regulator proposes to confer on a council a duty to keep vegetation clear of public powerlines in circumstances in which there has been failure by the electricity entity to carry out properly, or at all, vegetation clearance work in relation to those powerlines, the Technical Regulator must consider whether the council should be given an indemnity for any liability arising from the entity's failure or whether the conferral of the duty should be postponed for a period designed to allow any necessary work to be carried out.
	(5)	The Technical Regulator may—
	(a)	stipulate that a scheme or modification of a scheme is to have effect at a specified future time;
	(b)	stipulate that parts of a scheme or modification of a scheme have effect at different future times.
	(6)	A scheme or modification of a scheme determined by the Technical Regulator under this Division has effect according to its terms and need not be executed by the parties.
55E—Principles to be taken into account
	(1)	In determining a vegetation clearance scheme dispute, the Technical Regulator must take into account—
	(a)	the nature of the vegetation, including its expected rate of growth;
	(b)	the impact that the clearance work would be likely to have on the amenity of the area;
	(c)	the historical or biological significance (if any) of the vegetation;
	(d)	the long term effect that the clearance work would be likely to have on the health and appearance of the vegetation;
	(e)	the controls on the planting and nurturing of vegetation applicable in the area;
	(f)	the need to prevent damage to the powerlines and interruption to the supply of electricity and to safeguard the public against electric shock and damage to property;
	(g)	the extent and frequency of past vegetation clearance in the area;
	(h)	whether requirements with respect to vegetation clearance and the planting and nurturing of vegetation have been complied with in the area and, if not, the reasons for the non-compliance;
	(i)	the existence and terms of other vegetation clearance schemes;
	(j)	any proposal to alter, remove or underground powerlines in the area;
	(k)	the costs of the proposals (including insurance premiums) to the council and to the electricity entity and the financial resources of the council and entity;
	(l)	the limits on the financial and other resources of the electricity entity that may be devoted to the scheme and the schemes for the areas of other councils;
	(m)	the desirability of preserving so far as practicable terms agreed between the parties;
	(n)	any other matters prescribed by the regulations.
	(2)	The Technical Regulator may take into account other matters the Technical Regulator considers appropriate.
55F—Conduct of proceedings
	(1)	The Technical Regulator must conduct proceedings for the determination of a dispute with a view to ensuring—
	(a)	a fair and reasonable exchange of the parties' views; and
	(b)	the proper investigation and consideration of all matters relevant to the fair determination of the dispute; and
	(c)	the speedy resolution of the dispute.
	(2)	The Technical Regulator—
	(a)	is not bound by technicalities, legal forms or rules of evidence; and
	(b)	may obtain information on matters relevant to the dispute in any way the Technical Regulator thinks fit.
	(3)	The Technical Regulator may require the presentation of evidence or argument in writing and may decide matters on which the Technical Regulator will hear oral evidence or argument.
	(4)	If the Technical Regulator decides to hear oral evidence or argument—
	(a)	the proceedings must be conducted in public unless—
	(i)	both parties agree to have the proceedings (or part of the proceedings) conducted in private; or
	(ii)	the Technical Regulator orders the public to be excluded from attendance in accordance with subsection (5); and
	(b)	the parties may not be represented in the proceedings by lawyers except by leave of the Technical Regulator.
	(5)	The Technical Regulator may order the public to be excluded from attendance at proceedings in order—
	(a)	to consider in confidence information that has commercial value to a person or relates to the commercial or financial affairs of a person (the Technical Regulator being satisfied that it is reasonably foreseeable that public disclosure of the information could cause significant damage to a person or the interests of a person or confer an unfair commercial or financial advantage on a person); or
	(b)	to ensure that the Technical Regulator does not—
	(i)	breach any law, order or direction of a court or tribunal constituted by law, or other legal obligation or duty; or
	(ii)	unreasonably expose himself or herself to any legal process or liability.
	(6)	The Technical Regulator may give directions about who may be present at proceedings during any period when the public is excluded from attendance having regard to the wishes of the parties and the need for commercial confidentiality.
	(7)	A person must comply with a direction under subsection (6).
Maximum penalty: $10 000.
	(8)	The Technical Regulator may—
	(a)	give procedural directions;
	(b)	make orders requiring—
	(i)	the delivery of documents clarifying the issues between the parties;
	(ii)	the discovery and inspection of documents;
	(c)	sit at any time or place;
	(d)	adjourn the proceedings from time to time and from place to place;
	(e)	refer a matter to an expert for report, and accept the expert's report in evidence;
	(f)	appoint a mediator to facilitate resolution of the dispute by conciliation;
	(g)	fix and enforce time limits for steps in the proceedings and do anything else necessary for the expeditious and fair hearing and determination of the dispute.
	(9)	The Technical Regulator may proceed in the absence of a party or on failure by a party to provide written evidence or argument if the party has been given notice of the proceedings or of the requirement to provide written evidence or argument.
	(10)	The Technical Regulator may engage or appoint a lawyer to provide advice on the conduct of the proceedings and assist the Technical Regulator in drafting the determination.
55G—Giving of relevant documents to Technical Regulator
A party to the dispute may give the Technical Regulator a copy of documents (including confidential documents) the party considers to be relevant to the dispute.
55H—Power to obtain information and documents
	(1)	If the Technical Regulator has reason to believe that a person is in a position to give information, or to produce documents, that may be relevant to the dispute, the Technical Regulator may, by written notice—
	(a)	require the person within a period stated in the notice—
	(i)	to give the Technical Regulator a written statement of specified information; or
	(ii)	to produce to the Technical Regulator specified documents or copies of specified documents; or
	(b)	require the person to appear before the Technical Regulator at a specified time and place to give evidence.
	(2)	A written statement must, if the Technical Regulator so requires, be verified by statutory declaration of the person providing the information or, if the person is a body corporate, an appropriate officer of the body corporate.
	(3)	If documents (whether originals or copies) are produced to the Technical Regulator, the Technical Regulator may—
	(a)	take possession of, make copies of, and take extracts from, the documents; and
	(b)	keep the documents for as long as is reasonably necessary for the purposes of the determination.
	(4)	A person must—
	(a)	comply with a requirement of the Technical Regulator under subsection (1) or (2); and
	(b)	if the person is required to appear as a witness before the Technical Regulator—comply with further requirements to make an oath or affirmation, or to answer questions.
Maximum penalty: $10 000.
	(5)	However, a person need not give information or produce a document if—
	(a)	the information or the contents of the document is the subject of legal professional privilege, or would tend to incriminate the person of an offence; and
	(b)	the person objects to giving the information or producing the document by giving written notice of the ground of the objection to the Technical Regulator or, if the person is appearing as a witness before the Technical Regulator, by an oral statement of the ground of objection.
55I—Confidentiality of information
	(1)	A person who gives the Technical Regulator information, or produces documents, may ask the Technical Regulator to keep the information or the contents of the documents confidential.
	(2)	The Technical Regulator may, after considering representations from the parties (or the other party), impose conditions limiting access to, or disclosure of, the information or documentary material in order—
	(a)	to consider in confidence information that has commercial value to a person or relates to the commercial or financial affairs of a person (the Technical Regulator being satisfied that it is reasonably foreseeable that public disclosure of the information could cause significant damage to a person or the interests of a person or confer an unfair commercial or financial advantage on a person); or
	(b)	to ensure that the Technical Regulator does not—
	(i)	breach any law, order or direction of a court or tribunal constituted by law, or other legal obligation or duty; or
	(ii)	unreasonably expose himself or herself to any legal process or liability.
	(3)	A person must not contravene a condition imposed under subsection (2).
Maximum penalty: $10 000.
55J—Termination of proceedings for determination
The Technical Regulator may terminate proceedings for a determination if—
	(a)	the parties request or consent to the termination; or
	(b)	the Technical Regulator forms the opinion that—
	(i)	the subject matter of the dispute is trivial, misconceived or lacking in substance; or
	(ii)	the party seeking determination of the dispute has refused or failed to negotiate reasonably and constructively with the other party.
55K—Procedure for giving determination
	(1)	Before the Technical Regulator makes a determination, the Technical Regulator must give each party to the dispute a copy of the draft determination and may take into account representations that either of them may make on the proposed determination.
	(2)	A determination must be in writing.
	(3)	If the Technical Regulator does not give reasons in writing for a determination under this Division when the determination is made, the Regulator must do so on request made by a party affected by the determination within one month of the making of the determination.
	(4)	The Technical Regulator must, within seven days after a determination is made give a copy of the determination to the parties to the dispute.
55L—Costs
	(1)	The Technical Regulator's costs in determining a vegetation clearance scheme dispute are to be borne by the parties to the dispute in proportions decided by the Technical Regulator and, in the absence of a decision by the Technical Regulator, in equal proportions.
	(2)	The costs will include the costs of any mediation or expert's report.
	(3)	The amount of the costs will be as determined by the Technical Regulator.
	(4)	The Technical Regulator may, but is not required to, hear submissions from the parties as to apportionment of the costs.
	(5)	The Technical Regulator may recover the costs as a debt.
	(6)	In any proceedings—
	(a)	a document signed by the Technical Regulator certifying as to the amount of the costs of a determination payable by a specified electricity entity or council constitutes proof of the matters so certified; and
	(b)	an apparently genuine document purporting to be such a certificate of the Technical Regulator is to be presumed to be such a certificate in the absence of proof to the contrary.
Subdivision 3—Enforcement of schemes
55M—Enforcement as contract
A vegetation clearance scheme agreed or determined under this Division has effect, and may be enforced, as a contract between the electricity entity and the council concerned.
Subdivision 4—Resolution of disputes under schemes
55N—Resolution of dispute by intervention of Technical Regulator
	(1)	A party to a vegetation clearance scheme agreed or determined under this Division may ask the Technical Regulator to assist in the resolution of a dispute that has arisen under the scheme.
	(2)	The Technical Regulator has a discretion whether to assist in, or to continue to assist in, the resolution of the dispute and may impose conditions that must be satisfied if assistance is to be given or continued.
	(3)	If the Technical Regulator proceeds under this section, the Regulator may do one or more of the following to resolve the dispute:
	(a)	appoint a mediator to facilitate resolution of the dispute by conciliation;
	(b)	give directions to either or both parties;
	(c)	determine that the vegetation clearance scheme is to be modified in a specified way.
	(4)	The provisions of Subdivision 2 apply (with necessary or prescribed modifications) to proceedings under this section in the same way as to proceedings for determination of a vegetation clearance scheme dispute.
Division 3—Miscellaneous
56—Role of councils in relation to vegetation clearance not within prescribed areas
	(1)	An electricity entity may make an arrangement with a council conferring on the council a specified role in relation to vegetation clearance around public powerlines that are not within a prescribed area.
	(2)	The arrangement—
	(a)	must be in writing and executed by the electricity entity and the council; and
	(b)	may contain a delegation by the electricity entity of a function or power under this Part; and
	(c)	may require that the electricity entity be indemnified for any liability arising from an act or omission of the council under a delegation; and
	(d)	may provide for the termination of the arrangement by the electricity entity or the council; and
	(e)	may provide for the variation of the arrangement by the electricity entity and the council.
	(3)	A delegation by the electricity entity for the purposes of the arrangement—
	(a)	may be subject to conditions specified in the arrangement; and
	(b)	may be varied or revoked by the electricity entity in accordance with the terms of the arrangement; and
	(c)	does not prevent the electricity entity from acting in any matter.
57—Power to enter for vegetation clearance purposes
	(1)	An electricity officer for an electricity entity or council officer may, at any reasonable time, enter and remain on land to carry out vegetation clearance work that the entity or council is required or authorised to carry out under this Part.
	(2)	Subject to this section, if an electricity officer or council officer seeks to enter land under this section, the officer must give not less than 60 days written notice to the occupier of the land—
	(a)	stating the reason and the date and time of the proposed entry; and
	(b)	stating the nature of the clearance work to be carried out; and
	(c)	otherwise complying with the requirements of the regulations.
	(2a)	Subsection (2) does not apply if the clearance work to be carried out is subject to a vegetation clearance scheme.
	(3)	If the proposed entry is refused or obstructed, an electricity officer or council officer may obtain a warrant under Part 9 to enter the land.
	(4)	In an emergency, an electricity officer or council officer may exercise a power of entry under this section—
	(a)	at any time and without prior notice if it is not practicable to give such notice; and
	(b)	if necessary in the circumstances, by the use of reasonable force.
	(5)	When an electricity officer or council officer enters land under this section, the officer—
	(a)	may be accompanied by such assistants as the officer considers necessary or appropriate; and
	(b)	may take any vehicles or equipment the officer considers necessary or appropriate for the functions the officer is to carry out on the land.
	(6)	An electricity officer may not enter a place under a warrant or by force in an emergency unless accompanied by a member of the police force.
	(7)	When entering a place under a warrant or by force in an emergency, a council officer may be accompanied by a member of the police force.
58—Regulations in respect of vegetation near powerlines
	(1)	The Governor may, after consulting with the Minister responsible for the administration of the Environment Protection Act 1993, make regulations dealing with the clearance of vegetation from, or the planting or nurturing of vegetation near, public or private powerlines.
	(2)	Without limiting the generality of subsection (1), the regulations may—
	(a)	authorise the making of agreements between electricity entities and occupiers of land with respect to vegetation clearance work around powerlines on, above or under the land; and
	(b)	provide to owners or occupiers of land a right to object to a Minister or other specified person or body against proposed vegetation clearance work by electricity entities or councils around powerlines on, above or under the land, and provide for the consideration and determination of such objections; and
	(c)	provide for a process under which vegetation clearance schemes with respect to public powerlines within council areas but not within the prescribed areas are negotiated, from time to time, between electricity entities and councils; and
	(d)	provide for the granting of exemptions from the principles of vegetation clearance; and
	(e)	make provisions of a savings or transitional nature.

Part 5A—Undergrounding of powerlines
58A—Program for undergrounding of powerlines
	(1)	The Minister may prepare periodic programs for work to be carried out by an electricity entity for the undergrounding of powerlines forming part of a transmission or distribution network operated by the entity.
	(2)	Undergrounding work may not be included in a program unless—
	(a)	the council of each area concerned agrees to contribute to the cost of the work in its area on the basis determined by the Minister; or
	(b)	the Minister determines, in relation to particular work, that the council need not contribute to the cost of the work.
	(3)	In preparing programs, the Minister must ensure that the total cost of the work to be carried out at the expense of electricity entities in each financial year (as estimated by the Minister) is not less than an amount fixed or determined under the regulations for that financial year.
	(4)	The Minister must consult with the Local Government Association of South Australia before a regulation is made for the purposes of subsection (3).
	(5)	In preparing a program, the Minister must consult with, and seek proposals and submissions from, councils, electricity entities, bodies (other than councils) responsible for the care, control or management of roads and other persons as the Minister considers appropriate.
	(6)	The Minister must give a copy of a program to each electricity entity required to undertake work in accordance with the program at least six months before the commencement of the period to which the program relates.
	(7)	The Minister may, at the request or with the consent of an electricity entity required to undertake work in accordance with a program, vary the requirements imposed on the entity under the program.
	(8)	Before varying a program, the Minister must consult with councils, electricity entities, bodies (other than councils) responsible for the care, control or management of roads and other persons as the Minister considers appropriate.
	(9)	The Minister must give due consideration to matters arising from any submissions and consultations under this section.

Part 6—Safety and technical issues
59—Electrical installations to comply with technical requirements
	(1)	A person who connects an electrical installation to a transmission or distribution network must ensure that the installation, and the connection, comply with technical and safety requirements imposed under the regulations.
Maximum penalty: $50 000.
	(2)	An electricity officer for an electricity entity may disconnect the electricity supply to an electrical installation that—
	(a)	is connected to the entity's transmission or distribution network in contravention of this section; or
	(b)	otherwise does not comply with this Act.
	(3)	For the purpose of ensuring under this section that an electrical installation complies with the technical and safety requirements, a person may, subject to the regulations, rely on a certificate of compliance issued under this Part in relation to the installation.
60—Responsibility of owner or operator of infrastructure or installation
	(1)	A person who owns or operates electricity infrastructure or an electrical installation must take reasonable steps to ensure that—
	(a)	the infrastructure or installation complies with, and is operated in accordance with, technical and safety requirements imposed under the regulations; and
	(b)	the infrastructure or installation is safe and safely operated.
Maximum penalty: $250 000.
	(2)	For the purpose of ensuring under this section that an electrical installation complies with the technical and safety requirements and is safe, a person may, subject to the regulations, rely on a certificate of compliance issued under this Part in relation to the installation.
61—Electrical installation work
	(1)	A person to whom this section applies who carries out work on an electrical installation or proposed electrical installation must ensure that—
	(a)	the work is carried out as required under the regulations; and
	(b)	examinations and tests are carried out as required under the regulations; and
	(c)	the requirements of the regulations as to notification and certificates of compliance are complied with.
Maximum penalty: $5 000.
Expiation fee: $315.
	(2)	This section applies—
	(a)	if a licensed electrical contractor or licensed building work contractor has employed or engaged a registered electrical worker to personally carry out work on an electrical installation or proposed electrical installation—to the licensed electrical contractor or licensed building work contractor; or
	(b)	if a registered electrical worker who personally carries out work on an electrical installation or proposed electrical installation has not been employed or engaged to do so by a licensed electrical contractor or licensed building work contractor—to the registered electrical worker.
62—Power to require rectification etc in relation to infrastructure or installations
	(1)	If electricity infrastructure or an electrical installation is unsafe, or does not comply with this Act, the Technical Regulator may give a direction requiring—
	(a)	rectification of the infrastructure or installation to the Technical Regulator's satisfaction;
	(b)	if appropriate, the temporary disconnection of the electricity supply while the rectification work is carried out;
	(c)	the disconnection and removal of the infrastructure or installation.
	(2)	Subject to this section, a direction under this section must be given—
	(a)	in relation to infrastructure—to the electrical entity that operates the infrastructure;
	(b)	in relation to an installation—to the person in charge of the installation or the occupier of the place in which the installation is situated.
	(3)	A direction may be given by written notice or, if the Technical Regulator is of the opinion that immediate action is required, orally (but if the direction is given orally it must be confirmed in writing).
	(4)	A person to whom a direction is given under this section must comply with the direction.
Maximum penalty: $50 000.
	(5)	If a person does not comply with a direction, the Technical Regulator may take the action that is reasonable and necessary to have the direction carried out.
	(6)	A person, authorised in writing by the Technical Regulator, may do what is reasonable and necessary to carry out the direction.
	(7)	The costs incurred in carrying out the direction are recoverable as a debt due to the Crown.
63—Reporting of accidents
	(1)	If an accident happens that involves electric shock caused by the operation or condition of electricity infrastructure or an electrical installation—
	(a)	the accident must be reported as required under the regulations—
	(i)	if the accident involves part of an electricity entity's infrastructure—by the electricity entity; or
	(ii)	if the accident happens while an electrical worker is working on an electrical installation and the electrical worker is able to make the report—by the electrical worker; or
	(iii)	in any other case—by the occupier of the place in which the accident happens; and
	(b)	the infrastructure or installation must not be altered or interfered with unnecessarily by any person so as to prevent a proper investigation of the accident.
Maximum penalty: $2 500.
Expiation fee: $210.

Part 7—Enforcement
Division A1—Warning notices and assurances
63A—Warning notices and assurances
	(1)	If it appears to the Commission that a person has been guilty of a contravention of Part 3, the Commission may issue a warning notice to the person, warning the person that it will be prosecuted for the contravention unless—
	(a)	if the contravention is capable of being rectified, the person takes action specified in the notice to rectify the contravention within the period specified in the notice; and
	(b)	the person gives the Commission an assurance, in the terms specified in the notice, and within the period specified in the notice, that the person will avoid a future such contravention.
	(2)	If it appears to the Technical Regulator that a person has been guilty of a contravention of Part 6, the Technical Regulator may issue a warning notice to the person, warning the person that it will be prosecuted for the contravention unless—
	(a)	if the contravention is capable of being rectified, the person takes action specified in the notice to rectify the contravention within the period specified in the notice; and
	(b)	the person gives the Technical Regulator an assurance, in the terms specified in the notice, and within the period specified in the notice, that the person will avoid a future such contravention.
	(3)	A warning notice issued under this section, and an assurance given under this section, must be in writing.
	(4)	The action that may be specified in a warning notice to rectify a contravention may include action to remedy adverse consequences of the contravention, for example (without limitation)—
	(a)	the refunding of an amount wrongly paid to the person as a result of the contravention; or
	(b)	the payment of compensation to a person who has suffered loss, damage or injury as a result of the contravention; or
	(c)	the disclosure of information; or
	(d)	the publication of advertisements relating to the contravention or relating to action to rectify or remedy the contravention.
	(5)	The Commission or the Technical Regulator may, by written notice to a person, vary a warning notice issued to the person.
	(6)	If the Commission or the Technical Regulator issues a warning notice to a person, the Commission or the Technical Regulator must not proceed against the person in respect of the contravention to which the notice relates, unless the person—
	(a)	fails to take action specified in the notice to rectify the contravention within the period specified in the notice; or
	(b)	fails to give the Commission or the Technical Regulator, as the case requires, an assurance in the terms specified in the notice within the period specified in the notice; or
	(c)	contravenes an assurance given by the person in response to the notice.
63B—Register of warning notices and assurances
	(1)	The Commission must keep a register of warning notices issued by the Commission under this Division, and a register of assurances given to the Commission under this Division.
	(2)	The Technical Regulator must keep a register of warning notices issued by the Technical Regulator under this Division, and a register of assurances given to the Technical Regulator under this Division.
	(3)	A person may, without payment of a fee, inspect a register kept under this section.

Division A2—Injunctions
63C—Injunctions
	(1)	If the District Court is satisfied, on the application of the Minister, the Commission, the Technical Regulator or any other person, that a person has engaged or proposes to engage in conduct that constitutes or would constitute a contravention of this Act, the Court may grant an injunction in such terms as the Court determines to be appropriate.
	(2)	If the District Court is satisfied, on the application of the Minister, the Commission, or the Technical Regulator, that a person has engaged in conduct constituting a contravention of this Act, the Court may grant an injunction requiring that person to take specified action to remedy any adverse consequence of that conduct.
	(3)	The action that may be required by an injunction to remedy adverse consequences of conduct constituting a contravention may include (without limitation)—
	(a)	the refunding of an amount wrongly paid as a result of the contravention; or
	(b)	the payment of compensation to a person who has suffered loss, damage or injury as a result of the contravention; or
	(c)	the disclosure of information; or
	(d)	the publication of advertisements relating to the contravention or relating to action to rectify or remedy the contravention.
	(4)	An injunction may be granted by the District Court under this section—
	(a)	in proceedings in which the Court convicts a person of an offence to which the application relates; or
	(b)	in proceedings brought before the Court for the purpose of obtaining the injunction.
	(5)	The power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised—
	(a)	whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and
	(b)	whether or not the person has previously engaged in conduct of that kind; and
	(c)	whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.
	(6)	The power of the District Court to grant an injunction requiring a person do an act or thing may be exercised—
	(a)	whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and
	(b)	whether or not the person has previously refused or failed to do that act or thing; and
	(c)	whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.
	(7)	An interim injunction may be granted under this section pending final determination of the application.
	(8)	A final injunction may, by consent of the parties, be granted under this section without proof that proper grounds for the injunction exist.
	(9)	Where the Minister, the Commission or the Technical Regulator applies for an injunction under this section, no undertaking as to damages will be required.
	(10)	The Minister may give an undertaking as to damages or costs on behalf of some other applicant and, in that event, no further undertaking will be required.
	(11)	An injunction under this section may be rescinded or varied at any time.

Division 1—Appointment of authorised officers
64—Appointment of authorised officers
	(1)	The Minister may appoint suitable persons as authorised officers.
	(2)	An authorised officer may (but need not) be a Public Service employee.
	(3)	An authorised officer may be assigned by the Minister to assist the Commission, the Technical Regulator or both, as the Minister considers appropriate.
	(4)	An authorised officer will—
	(a)	in the exercise of powers for the enforcement of Part 3—be subject to control and direction by the Commission;
	(b)	in the exercise of powers for the enforcement of any other provisions under this Act—be subject to control and direction by the Technical Regulator.
65—Conditions of appointment
	(1)	An authorised officer may be appointed for a stated term or for an indefinite term that continues while the officer holds a stated office or position.
	(2)	An authorised officer holds office on the conditions stated in the instrument of appointment.
	(3)	An authorised officer may resign by written notice given to the Minister.
	(4)	An authorised officer may be removed from office by the Minister.
66—Authorised officer's identity card
	(1)	The Minister must give each authorised officer an identity card.
	(2)	The identity card must—
	(a)	contain a photograph of the authorised officer taken for the purpose; and
	(b)	be signed by the authorised officer.
	(3)	A person must, within two days after ceasing to be an authorised officer, return the identity card to the Minister.
Maximum penalty: $250.
67—Production of identity card
An authorised officer must, before exercising a power in relation to another person, produce the officer's identity card for inspection by the other person.

Division 2—Authorised officers' powers
68—Power of entry
	(1)	An authorised officer may, as reasonably required for the purposes of the enforcement of this Act, enter and remain in any place.
	(2)	When an authorised officer enters a place under this section, the authorised officer—
	(a)	may be accompanied by such assistants as the authorised officer considers necessary or appropriate; and
	(b)	may take any vehicles or equipment the authorised officer considers necessary or appropriate for the functions the authorised officer is to carry out in the place.
	(3)	An authorised officer may use reasonable force to enter a place under this Part if—
	(a)	the entry is authorised under a warrant under Part 9; or
	(b)	the entry is necessary in an emergency.
	(4)	When entering a place under a warrant or by force in an emergency, an authorised officer may be accompanied by a member of the police force.
69—General investigative powers of authorised officers
	(1)	An authorised officer who enters a place under this Part may exercise any one or more of the following powers:
	(a)	investigate whether the provisions of this Act are being or have been complied with;
	(b)	examine and test electrical infrastructure, electrical installations or equipment in the place to find out whether the infrastructure, installations or equipment are safe and comply with the requirements of this Act;
	(c)	investigate a suspected electrical accident;
	(d)	investigate a suspected interference with electrical infrastructure or an electrical installation;
	(e)	investigate a suspected theft or diversion of electricity;
	(f)	search for, examine and copy or take an extract from a document or record of any kind as reasonably required for the purposes of the enforcement of this Act;
	(g)	take photographs or make films or other records of activities in the place and electrical infrastructure, installations or equipment in the place;
	(h)	take possession of any object that may be evidence of an offence against this Act.
	(2)	If an authorised officer takes possession of an object that may be evidence of an offence—
	(a)	the authorised officer must give the occupier of the place a receipt for the object; and
	(b)	the object must be returned to its owner—
	(i)	if proceedings for an offence are not commenced within six months after the authorised officer takes possession of the object—at the end of that period; or
	(ii)	if such proceedings are commenced within that period—on completion of the proceedings, unless the court, on application by the Commission or Technical Regulator (as the case may be), orders confiscation of the object.
	(3)	A court may order the confiscation of an object of which an authorised officer has taken possession under subsection (1) if of the opinion that the object has been used for the purpose of committing an offence or there is some other proper reason for ordering its confiscation.
	(4)	If the court orders the confiscation of an object, the Commission or Technical Regulator may dispose of the object.
70—Disconnection of electricity supply
	(1)	If an authorised officer finds that electricity is being supplied or consumed contrary to this Act, the authorised officer may disconnect the electricity supply.
	(2)	If an authorised officer disconnects an electricity supply under this section, the officer must give written notice to the occupier of the relevant place—
	(a)	informing the occupier that the electricity supply has been disconnected under this section; and
	(b)	directing that the electricity supply must not be reconnected until arrangements have been made to the satisfaction of an authorised officer to ensure against future contravention of this Act.
	(3)	If an electricity supply has been disconnected under this section, a person must not reconnect the electricity supply, or have it reconnected, without the approval of an authorised officer.
Maximum penalty: $50 000.
71—Power to require disconnection of cathodic protection system
	(1)	If an authorised officer finds that a cathodic protection system does not comply with, or is being operated contrary to, the regulations, the authorised officer may take reasonable action, or give a direction to the person in charge of the system or the occupier of the place in which the system is situated to take reasonable action, to disconnect the system so as to make it inoperable.
	(2)	A direction under this section must be given by written notice.
	(3)	A person to whom a direction is given under this section must comply with the direction.
Maximum penalty: $50 000.
72—Power to make infrastructure or installation safe
	(1)	If an authorised officer finds that electricity infrastructure or an electrical installation is unsafe, the officer may—
	(a)	disconnect the electricity supply or give a direction requiring the disconnection of the electricity supply;
	(b)	give a direction requiring the carrying out of the work necessary to make the infrastructure or installation safe before the electricity supply is reconnected.
	(2)	Subject to this section, a direction under this section must be given—
	(a)	in relation to infrastructure—to the electrical entity that operates the infrastructure;
	(b)	in relation to an installation—to the person in charge of the installation or the occupier of the place in which the installation is situated.
	(3)	A direction under this section may be given by written notice or, if the authorised officer is of the opinion that immediate action is required, orally (but if the direction is given orally it must be confirmed in writing).
	(4)	A person to whom a direction is given under this section—
	(a)	must comply with the direction; and
	(b)	must not reconnect or permit the reconnection of the electricity supply unless the work required by the direction under this section has been carried out, or an authorised officer approves the reconnection of the electricity supply.
Maximum penalty: $50 000.
73—Power to require information
	(1)	An authorised officer may require a person to provide information in the person's possession relevant to the enforcement of this Act.
	(2)	An authorised officer may require a person to produce documents in the person's possession that may be relevant to the enforcement of this Act for inspection by the authorised officer.
	(3)	A person must not, without reasonable excuse, fail to comply with a requirement under this section.
Maximum penalty: $20 000.
	(4)	A person is not required to give information or produce a document under this section if the answer to the question or the contents of the document would tend to incriminate the person of an offence.

Part 8—Reviews and appeals
75—Review of decisions by Commission or Technical Regulator
	(1)	An application may be made to—
	(a)	the Commission by an applicant for the issue or variation of the terms or conditions of a licence under Part 3, or for agreement to the transfer of such a licence, for review of the decision of the Commission to refuse the application; or
	(b)	the Commission by an electricity entity for review of a decision of the Commission under Part 3 to suspend or cancel the entity's licence or to vary the terms or conditions of the entity's licence; or
	(d)	the Technical Regulator by a person to whom a direction has been given under this Act by the Technical Regulator or an authorised officer (other than a direction given by the Technical Regulator under Part 5) for review of the decision to give the direction; or
	(e)	the Technical Regulator by a person affected by the decision for review of the decision of an authorised officer or an electricity officer to disconnect an electricity supply or to disconnect a cathodic protection system.
	(2)	An application for review must—
	(a)	be in writing; and
	(b)	set out the decision to which the application relates; and
	(c)	set out in detail the grounds on which the applicant seeks review and the decision sought on the review; and
	(d)	be accompanied by any information that the applicant considers should be taken into account by the Commission or the Technical Regulator on the review; and
	(e)	be lodged with the Commission or the Technical Regulator—
	(i)	in the case of a decision relating to a licence or application for a licence—within 10 working days after written notice of the decision is given to the electricity entity or applicant;
	(iii)	in the case of a decision to give a direction—within 10 working days after the direction is given;
	(iv)	in the case of a decision to disconnect an electricity supply or cathodic protection system—within 10 working days after notice of the disconnection is given or, if notice is not given, within 10 working days after the supply or system is disconnected.
	(3)	The Commission or the Technical Regulator, as the case requires, may stay the operation of the decision to which the application relates.
	(4)	A review must be decided within four weeks of the application being lodged.
	(5)	If a review is not decided within that period, the Commission or the Technical Regulator, as the case requires, is to be taken to have confirmed the decision.
	(6)	After considering the application, the Commission or the Technical Regulator, as the case requires, may confirm, amend or substitute the decision.
	(7)	The Commission or the Technical Regulator must give the applicant written notice of the decision, and the reasons for the decision, on the review.
76—Appeal
	(1)	An applicant for review who is dissatisfied with a decision as confirmed, amended or substituted by the Commission or the Technical Regulator on the review under this Part may appeal against the decision to the Administrative and Disciplinary Division of the District Court (the Court).
	(2)	The Court must sit with experts selected in accordance with Schedule 1A.
	(3)	An appeal must be made within 10 working days after receipt of the written notice of the decision appealed against or, if the Commission or the Technical Regulator failed to make a decision on the review within the allowed period, within 10 working days after the end of that period.
	(5)	The Court may, on an appeal—
	(a)	affirm the decision appealed against; or
	(b)	remit the matter to the original decision maker for consideration or further consideration in accordance with any directions of the Court.
	(6)	An appeal under the District Court Act 1991 will lie against a decision of the Court under this section on a question of law (but not on a question of fact).
77—Minister's power to intervene
The Minister may intervene, personally or by counsel or other representative, in a review or appeal under this Part for the purpose of introducing evidence, or making submissions, on any question relevant to the public interest.

Part 9—Miscellaneous
80—Power of exemption
	(1)	The Commission may, with the approval of the Minister, grant an exemption from Part 3, or specified provisions of Part 3, on terms and conditions the Commission considers appropriate.
	(2)	If the Commission exempts a person from the requirement to hold a licence under Part 3, the Commission may (without limiting subsection (1)) by conditions of the exemption require that the person is to be treated as an electricity entity for the purposes of specified provisions of this Act.
	(3)	Except as otherwise provided in the exemption, an exemption under subsection (1) may be varied or revoked by the Commission by notice in writing.
	(4)	The Technical Regulator may grant an exemption from Part 6, or specified provisions of that Part, on terms and conditions the Technical Regulator considers appropriate.
	(5)	Except as otherwise provided in the exemption, an exemption under subsection (4) may be varied or revoked by the Technical Regulator by notice in writing.
80A—Register of exemptions
	(1)	The Commission and the Technical Regulator must each keep a register of exemptions granted by the Commission or the Technical Regulator (as the case may be) under this Act.
	(2)	A register kept under this section must include the terms and conditions of each exemption recorded in it.
	(3)	A person may, without payment of a fee, inspect a register kept under this section.
81—Obligation to comply with conditions of exemption
A person in whose favour an exemption is given must comply with the conditions of the exemption.
Maximum penalty: $50 000.
81A—Delegation by Minister
	(1)	The Minister may delegate any of his or her functions or powers under this Act to a person or body of persons.
	(2)	A delegation under this section—
	(a)	must be in writing; and
	(b)	may be conditional or unconditional; and
	(c)	is revocable at will; and
	(d)	does not prevent the Minister from acting in any matter.
82—Application and issue of warrant
	(1)	An authorised officer, electricity officer or council officer may apply to a magistrate for a warrant to enter a place specified in the application.
	(2)	A magistrate may issue a warrant if satisfied that there are reasonable grounds for issuing the warrant.
	(3)	A warrant authorises the authorised officer, electricity officer or council officer with any assistance and by any force reasonably necessary—
	(a)	to enter the place specified in the warrant; and
	(b)	to do anything authorised by this Act,
at any time, or within any period, specified in the warrant.
	(4)	An electricity officer must be accompanied by a member of the police force when entering a place under a warrant.
	(5)	A warrant is to specify the date on which, and the time at which, the warrant ceases to have effect.
83—Urgent situations
	(1)	An authorised officer, electricity officer or council officer may apply to a magistrate for a warrant by telephone, facsimile or other prescribed means if the officer considers the urgency of the situation requires it.
	(2)	The magistrate may complete and sign the warrant in the same terms as for a warrant applied for in person if satisfied that there are reasonable grounds for issuing the warrant urgently.
	(3)	The magistrate must—
	(a)	tell the officer—
	(i)	the terms of the warrant; and
	(ii)	the date on which and the time at which, the warrant was signed; and
	(iii)	the date on which, and the time at which, the warrant ceases to have effect; and
	(b)	record on the warrant the reasons for granting the warrant.
	(4)	The officer must—
	(a)	complete a form of warrant in the same terms as the warrant signed by the magistrate; and
	(b)	write on the form—
	(i)	the name of the magistrate; and
	(ii)	the date on which, and the time at which, the warrant was signed; and
	(c)	send the magistrate the completed form of warrant not later than the day after the warrant is executed or ceases to have effect.
	(5)	On receipt of the form of warrant, the magistrate must attach it to the warrant the magistrate signed.
	(6)	A form of warrant completed by an authorised officer, electricity officer or council officer under subsection (4) has the same force as a warrant signed by the magistrate under subsection (2).
84—Unlawful interference with electricity infrastructure or electrical installation
	(1)	A person must not, without proper authority—
	(a)	attach an electrical installation or other thing, or make any connection, to a transmission or distribution network; or
	(b)	disconnect or interfere with a supply of electricity from a transmission or distribution network; or
	(c)	damage or interfere with electrical infrastructure or an electrical installation in any other way.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(2)	A person must not, without proper authority—
	(a)	be in an enclosure where electrical infrastructure is situated; or
	(b)	climb on poles and other structures that are part of electrical infrastructure.
Maximum penalty: $2 500.
Expiation fee: $210.
	(3)	A person must not discharge a firearm or throw or project an object towards electrical infrastructure or an electrical installation if there is a risk of damage to the infrastructure or installation, or interruption of electricity supply.
Maximum penalty: $2 500.
Expiation fee: $210.
85—Unlawful abstraction or diversion of electricity
	(1)	A person must not, without proper authority—
	(a)	abstract or divert electricity from a power system; or
	(b)	interfere with a meter or other device for measuring the consumption of electricity supplied by an electricity entity.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(2)	A person must not install or maintain a line capable of conveying an electricity supply beyond the boundaries of property occupied by the person unless—
	(a)	the person is an electricity entity; or
	(b)	the person does so with the approval of an electricity entity responsible for electricity supply to the property; or
	(c)	the line is authorised under the regulations.
Maximum penalty: $10 000.
	(3)	If, in proceedings for an offence against subsection (1), it is proved that a device has been installed or any other act done, without proper authority, the apparent purpose of which is to abstract or divert electricity to any particular land or place or to affect the proper measurement of electricity supplied to any particular land or place, it will be presumed, in the absence of proof to the contrary, that the occupier of the land or place installed the device or did the other act with that purpose.
	(4)	If an electricity entity suffers loss or damage as a result of a contravention of this section, the entity may recover compensation for the loss or damage from a person guilty of the contravention—
	(a)	on application to a court convicting the person of an offence against this section; or
	(b)	by action in a court of competent jurisdiction.
86—Erection of buildings in proximity to powerline
	(1)	A person must not, except as approved by the Technical Regulator, erect a building or structure in proximity to a powerline contrary to the regulations.
Maximum penalty: $10 000.
	(2)	Subject to the regulations, the Technical Regulator may give an approval for the purposes of this section.
	(3)	An approval under this section—
	(a)	may be general or specific; and
	(b)	will, insofar as the approval operates for the benefit of a particular person, be subject to such conditions as the Technical Regulator may fix from time to time by notice in writing served personally or by post on that person.
	(4)	If a building or structure is erected by a person in proximity to a powerline of an electricity entity in contravention of this section, the entity may—
	(a)	on application to a court convicting the person of an offence against subsection (1); or
	(b)	by action in a court of competent jurisdiction,
obtain one or more of the following orders:
	(c)	an order of the court requiring the person to take specified action to remove or modify the building or structure within a specified period;
	(d)	an order for compensation from the person for loss or damage suffered in consequence of the contravention;
	(e)	an order for costs reasonably incurred by the entity in relocating the powerline or carrying out other work to rectify the situation.
87—Notice of work that may affect electricity infrastructure
	(1)	A person who proposes to do work near electricity infrastructure must give the appropriate electricity entity at least seven days' notice of the proposed work if—
	(a)	there is a risk of equipment or a structure coming into dangerous proximity to electrical conductors; or
	(b)	the work may affect the support for any part of electricity infrastructure; or
	(c)	the work may interfere with the electricity infrastructure in some other way.
Maximum penalty: $2 500.
Expiation fee: $210.
	(2)	It is a defence to a charge of an offence against subsection (1) if, in the circumstances of an emergency, it is not practicable to give the notice required by subsection (1) and the notice is given as soon as practicable.
	(3)	A person who does work near electricity infrastructure must comply with—
	(a)	requirements prescribed by regulation that are applicable to the work; and
	(b)	reasonable requirements made by the electricity entity for the protection of the infrastructure or the safety of the persons carrying out the work.
Maximum penalty: $2 500.
Expiation fee: $210.
88—Impersonation of officials etc
A person must not impersonate an authorised officer, an electricity officer or anyone else with powers under this Act.
Maximum penalty: $5 000.
89—Obstruction
	(1)	A person must not, without reasonable excuse, obstruct an authorised officer, an electricity officer, or anyone else engaged in the administration of this Act or the exercise of powers under this Act.
Maximum penalty: $5 000.
	(2)	A person must not use abusive or intimidatory language to, or engage in offensive or intimidatory behaviour towards, an authorised officer, an electricity officer, or anyone else engaged in the administration of this Act or the exercise of powers under this Act.
Maximum penalty: $5 000.
90—False or misleading information
A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished under this Act.
Maximum penalty: 
If the person made the statement knowing that it was false or misleading—$10 000 or imprisonment for 2 years.
In any other case—$5 000.
91—Statutory declarations
If a person is required by or under this Act to furnish information to the Commission, Electricity Supply Industry Planning Council or Technical Regulator, the Commission, Electricity Supply Industry Planning Council or Technical Regulator may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have furnished the information as required unless it has been verified in accordance with the requirements of the Commission, Electricity Supply Industry Planning Council or Technical Regulator.
92—General defence
	(1)	It is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.
	(2)	It is a defence to a charge of an offence against this Act if the defendant proves that the act or omission constituting the offence was reasonably necessary in the circumstances in order to avert, eliminate or minimise danger to person or property.
93—Offences by bodies corporate
If a body corporate is guilty of an offence against this Act, each director of the body corporate is, subject to the general defences under this Part, guilty of an offence and liable to the same penalty as may be imposed for the principal offence.
94—Continuing offence
	(1)	A person convicted of an offence against a provision of this Act in respect of a continuing act or omission—
	(a)	is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-fifth of the maximum penalty prescribed for that offence; and
	(b)	is, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-fifth of the maximum penalty prescribed for the offence.
	(2)	If an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.
94A—Order for payment of profit from contravention
The court convicting a person of an offence against this Act may order the convicted person to pay to the Crown an amount not exceeding the court's estimation of the amount of any monetary, financial or economic benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence.
95—Immunity from personal liability
	(1)	No personal liability attaches to any person engaged in the administration or enforcement of this Act for an act or omission in good faith in the exercise or discharge, or purported exercise or discharge, of a power, function or duty under this Act.
	(2)	A liability that would, but for subsection (1), lie against a person, lies instead against the Crown.
96—Evidence
	(1)	If, in any legal proceedings, a person is alleged to have held a specified appointment under this Act at a specified time, the allegation is taken to have been proved in the absence of proof to the contrary.
	(2)	In any legal proceedings, an apparently genuine document purporting to be a certificate of the Commission certifying—
	(a)	that a person was or was not the holder of a licence at a specified date or as to the particulars or conditions of a licence; or
	(b)	as to the giving, issuing, receipt or contents of an order, direction, delegation, exemption, approval, authorisation, notice or assurance by the Commission,
constitutes proof of the matters so certified in the absence of proof to the contrary.
	(3)	An apparently genuine document purporting to be a certificate of the Commission certifying as to a person's status as a small customer in relation to a specified time and place constitutes proof of the matters so certified in the absence of proof to the contrary.
	(3a)	In any legal proceedings, an apparently genuine document purporting to be a certificate of the Technical Regulator certifying—
	(a)	as to the existence and contents of a vegetation clearance scheme; or
	(b)	as to the giving, issuing, receipt or contents of a direction, requirement, delegation, exemption, approval, authorisation, notice or assurance by the Technical Regulator,
constitutes proof of the matters so certified in the absence of proof to the contrary.
	(4)	In any legal proceedings, an apparently genuine document purporting to be a certificate of an authorised officer certifying as to the giving and contents of a direction by the officer under this Act, constitutes proof of the matters so certified in the absence of proof to the contrary.
	(5)	If, in any legal proceedings, a person is alleged to have acted without proper authority or a specified approval required under this Act, the absence of such authority or approval will be presumed in the absence of proof that such authority or approval in fact existed or had been given.
97—Service
	(1)	A notice or other document required or authorised to be given to or served on a person under this Act may be given or served—
	(a)	by delivering it personally to the person or an agent of the person; or
	(b)	by leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or
	(c)	by posting it to the person or agent of the person at the person's or agent's last known place of residence or business.
	(2)	Without limiting the effect of subsection (1), a notice or other document required or authorised to be given to or served on a person may, if the person is a body corporate, be given to or served on the person in accordance with section 109X of the Corporations Law.
	(3)	If a notice or other document is required or authorised to be given to or served on the holder of a licence under this Act and the licence is held by two or more persons, it is sufficient for the purposes of this Act if the notice or other document is given to or served on any one of those persons.
98—Regulations
	(1)	The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
	(2)	Without limiting subsection (1), the regulations may deal with the following matters:
	(a)	the generation, transmission, distribution, sale and supply of electricity; and
	(b)	the construction, installation and positioning of electricity infrastructure and electrical installations; and
	(c)	technical, operational and safety requirements and standards and monitoring and enforcing compliance with the prescribed requirements and standards; and
	(e)	the exemption (conditionally or unconditionally) of persons or operations from the application of this Act or specified provisions of this Act; and
	(f)	fees to be paid in respect of any matter under this Act and the recovery, refund, waiver or reduction of such fees; and
	(g)	penalties not exceeding $5 000 for contravention of a regulation.
	(2a)	If the regulations grant an exemption from the requirement to hold a licence under Part 3, the regulations may require a person exempted from the requirement to be treated as an electricity entity for the purposes of specified provisions of this Act.
	(2c)	The Governor may make regulations that the Governor considers necessary or expedient for the purposes of the National Electricity (South Australia) Law and the National Electricity Code.
	(3)	The regulations may—
	(a)	be of general application or limited in application according to the persons, areas, times or circumstances to which it is expressed to apply;
	(b)	provide that a matter or thing in respect of which regulations may be made is to be determined, regulated or prohibited according to the discretion of the Minister, the Commission or the Technical Regulator;
	(c)	refer to or incorporate, wholly or partially and with or without modification, any standard or other document prepared or published by a body referred to in the regulation, as is in force from time to time or as in force at a particular time.

Schedule 1A—Appointment and selection of experts for Court
(1)	The Minister must establish a panel of experts who may sit as assessors with the Court consisting of persons with knowledge of, or experience in, the electricity supply industry or in the fields of commerce or economics.
(2)	A member of a panel is to be appointed by the Minister for a term of office not exceeding three years and on conditions determined by the Minister and specified in the instrument of appointment.
(3)	A member of a panel is, on the expiration of a term of office, eligible for reappointment.
(4)	Subject to subclause (5) and except in the case of an appeal limited to a question of law, a judicial officer of the Court must select two members from the panel to sit with the Court on an appeal.
(5)	A member of a panel who has a direct or indirect pecuniary or other interest in a matter before the Court is disqualified from participating in the hearing of the matter.
(6)	Subclause (5) does not apply if the interest is as a result of the supply of goods or services that are available to members of the public on the same terms and conditions.
(7)	If a member of a panel sitting with the Court dies or is for any reason unable to continue with any proceedings, the Court constituted of the judicial officer who is presiding at the proceedings and the other member of the panel sitting with the Court may, if the judicial officer so determines, continue and complete the proceedings.
(8)	If proceedings are reheard, the Court may have regard to any record of proceedings made in the earlier proceedings (including a record of evidence taken in those proceedings).

Schedule 2—Transitional provisions
1—Continuation of certain arrangements
	(1)	An arrangement between an electricity corporation and a council in force under clause 8 of the repealed provisions immediately before the commencement of this Schedule continues in force as such an arrangement for the purposes of Part 5 of this Act.
	(2)	In this clause—
the repealed provisions means those clauses of Schedule 4 of the Electricity Corporations Act 1994 repealed by this Act.

Legislative history
Notes
	•	This version is comprised of the following:
Part 1	19.8.2004	
Part 2	1.1.2003 (Reprint No 9)	
Part 3	19.8.2004	
Part 4	25.11.2004	
Part 5	1.1.2003 (Reprint No 9)	
Part 5A	1.1.2003 (Reprint No 9)	
Part 6	1.1.2003 (Reprint No 9)	
Part 7	1.1.2003 (Reprint No 9)	
Part 8	1.1.2003 (Reprint No 9)	
Part 9	1.1.2003 (Reprint No 9)	
Schedules	1.1.2003 (Reprint No 9)	
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation amended by principal Act
The Electricity Act 1996 amended the following:
Electricity Corporations Act 1994
Local Government Act 1934
Principal Act and amendments
New entries appear in bold.
Year	No	Title	Assent	Commencement	
1996	96	Electricity Act 1996	19.12.1996	1.1.1997 (Gazette 19.12.1996 p1922)	
1997	62	Electricity (Vegetation Clearance) Amendment Act 1997	7.8.1997	1.1.1998 (Gazette 27.11.1997 p1426)	
1997	71	Electricity (Miscellaneous) Amendment Act 1997	18.12.1997	5.3.1998 (Gazette 5.3.1998 p1062)	
1999	60	Electricity (Miscellaneous) Amendment Act 1999	19.8.1999	11.10.1999 (Gazette 30.9.1999 p1341) except ss 4(e), 15 & 16—19.8.1999 (Gazette 19.8.1999 p882)	
1999	74	Statutes Amendment (Electricity) Act 1999	25.11.1999	Pt 2 (s 4)—11.10.1999: s 2(3)	
2000	4	District Court (Administrative and Disciplinary Division) Amendment Act 2000	20.4.2000	Sch 1 (cl 12)—1.6.2000 (Gazette 18.5.2000 p2554)	
2000	51	Electricity (Pricing Order and Cross-ownership) Amendment Act 2000	20.7.2000	20.7.2000	
2002	19	Electricity (Miscellaneous) Amendment Act 2002	12.9.2002	12.9.2002 except ss 3(c), (d), (f), 7—9, 10(a), (b), (d), 11(a)—(d), (f), 12, 17, 19—21, 24(b) & 25—1.1.2003 (Gazette 12.9.2002 p3384) and except ss 10(c) & 11(e)—1.7.2003 (Gazette 26.6.2003 p2810)	
2003	2	Electricity (Pricing Order) Amendment Act 2003	17.4.2003	17.4.2003	
2003	9	Statutes Amendment (Gas and Electricity) Act 2003	12.6.2003	 Pt 4 (s 74)—1.7.2003 (Gazette 26.6.2003 p2812)	
2004	30	Emergency Management Act 2004	29.7.2004	Sch 1 (cl 1)—25.11.2004 (Gazette 25.11.2004 p4406)	
2004	36	Statutes Amendment (Electricity and Gas) Act 2004	5.8.2004	Pt 2 (ss 4—6)—19.8.2004 except new s 36AA(4a)(d) & (e) (as inserted by s 6(1)) and s 6(2)—1.7.2005 (Gazette 19.8.2004 p3279)	
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Long title	amended by 60/1999 s 3	11.10.1999	
Pt 1			
s 2	omitted under Legislation Revision and Publication Act 2002	1.7.2003	
s 4			
s 4(1)	s 4 redesignated as s 4(1) by 60/1999 s 4(l)	11.10.1999	
access	deleted by 60/1999 s 4(a)	11.10.1999	
annual electricity consumption level	inserted by 19/2002 s 3(a)	12.9.2002	
Commission	inserted by 19/2002 s 3(b)	12.9.2002	
contestable customer	substituted by 71/1997 s 3(a)	5.3.1998	
	deleted by 19/2002 s 3(c)	1.1.2003	
council officer	inserted by 62/1997 s 3(a)	1.1.1998	
cross-ownership rules	inserted by 60/1999 s 4(b)	11.10.1999	
	deleted by 19/2002 s 3(d)	1.1.2003	
customer	substituted by 60/1999 s 4(b)	11.10.1999	
electrical installation	amended by 71/1997 s 3(b)	5.3.1998	
electricity infrastructure	amended by 60/1999 s 4(c)	11.10.1999	
electricity supply industry	amended by 60/1999 s 4(d)	11.10.1999	
Industry Regulator	inserted by 60/1999 s 4(e)	19.8.1999	
	deleted by 19/2002 s 3(e)	12.9.2002	
National Electricity Code	substituted by 60/1999 s 4(f)	11.10.1999	
National Electricity (South Australia) Law	inserted by 60/1999 s 4(f)	11.10.1999	
non-contestable customer	deleted by 19/2002 s 3(f)	1.1.2003	
powerline	substituted by 62/1997 s 3(b)	1.1.1998	
	amended by 60/1999 s 4(g)	11.10.1999	
Pricing Regulator	inserted by 71/1997 s 3(c)	5.3.1998	
	deleted by 60/1999 s 4(h)	11.10.1999	
retailing	amended by 60/1999 s 4(i)	11.10.1999	
small customer	inserted by 19/2002 s 3(g)	12.9.2002	
system controller	amended by 60/1999 s 4(j)	11.10.1999	
telecommunica-tions	inserted by 60/1999 s 4(k)	11.10.1999	
transmission or distribution system	amended by 71/1997 s 3(d)	5.3.1998	
vegetation clearance scheme	inserted by 62/1997 s 3(c)	1.1.1998	
s 4			
s 4(2)	inserted by 60/1999 s 4(l)	11.10.1999	
s 5			
s 5(3)	amended by 60/1999 s 5	11.10.1999	
s 6	substituted by 60/1999 s 6	11.10.1999	
Pt 2			
Div 1	inserted by 60/1999 s 7	11.10.1999	
	heading amended by 19/2002 Sch	12.9.2002	
s 6A			
s 6A(1)—(4)	amended by 19/2002 Sch	12.9.2002	
Div 2	inserted by 60/1999 s 7	11.10.1999	
s 6E			
s 6E(1)	amended by 19/2002 Sch	12.9.2002	
s 6G			
s 6G(5)	amended by 19/2002 s 4	12.9.2002	
ss 6N and 6O	inserted by 19/2002 s 5	12.9.2002	
Div 2 comprising ss 14A—14D and heading	inserted by 71/1997 s 6	5.3.1998	
	deleted by 60/1999 s 15	19.8.1999	
Div 3			
Heading preceding s 7	inserted by 71/1997 s 4	5.3.1998	
	deleted by 60/1999 s 8	11.10.1999	
	inserted by 60/1999 s 8	11.10.1999	
s 7			
s 7(2)	amended by 60/1999 s 9	11.10.1999	
s 8	substituted by 60/1999 s 10	11.10.1999	
s 10			
s 10(1)	amended by 60/1999 s 11(a)	11.10.1999	
s 10(2)	amended by 60/1999 s 11(b)	11.10.1999	
s 11			
s 11(1)	amended by 60/1999 s 12(a)	11.10.1999	
s 11(1a)	inserted by 71/1997 s 5	5.3.1998	
	amended by 60/1999 s 12(b)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
ss 12 and 13	deleted by 60/1999 s 13	11.10.1999	
s 14			
s 14(1)	amended by 60/1999 s 14(a)	11.10.1999	
s 14(2)	deleted by 60/1999 s 14(b)	11.10.1999	
Div 4	inserted by 60/1999 s 15	19.8.1999	
ss 14A and 14C	amended by 19/2002 Sch	12.9.2002	
Pt 3			
Div A1	inserted by 60/1999 s 16	19.8.1999	
s 14D	amended by 19/2002 Sch	12.9.2002	
Div 1			
s 15			
s 15(1)	amended by 60/1999 s 17(a)	11.10.1999	
	amended by 19/2002 s 6	12.9.2002	
s 15(2)	amended by 60/1999 s 17(b)	11.10.1999	
s 15(3)	inserted by 60/1999 s 17(c)	11.10.1999	
s 16			
s 16(1)	amended by 60/1999 s 18(a), (b)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 16(2)	amended by 60/1999 s 18(c)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 16(3)	amended by 60/1999 s 18(d), (e)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 16(4)	amended by 60/1999 s 18(f)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 17			
s 17(1)	amended by 60/1999 s 19(a)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 17(2)	amended by 60/1999 s 19(b)—(d)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
	(ab) deleted by 19/2002 s 7	1.1.2003	
s 17(3)	amended by 60/1999 s 19(e)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 17(4)	amended by 60/1999 s 19(f)—(i)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 17(5)	amended by 60/1999 s 19(j), (k)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 17A	inserted by 60/1999 s 20	11.10.1999	
s 17A(2)	amended by 19/2002 Sch	12.9.2002	
s 19	substituted by 60/1999 s 21	11.10.1999	
s 20			
s 20(1)	amended by 60/1999 s 22(a), (b)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 20(2)	amended by 60/1999 s 22(c)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 20(3)	substituted by 60/1999 s 22(d)	11.10.1999	
s 20(4)	amended by 60/1999 s 22(e)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 20(5)	amended by 60/1999 s 22(f)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 20(7)			
administrative costs	inserted by 60/1999 s 22(g)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 21	amended by 71/1997 s 7	5.3.1998	
	substituted by 60/1999 s 23	11.10.1999	
s 21(1)	amended by 19/2002 s 8(a)	1.1.2003	
	amended by 19/2002 Sch	12.9.2002	
	(d) deleted by 19/2002 s 8(b)	1.1.2003	
s 21(2)	amended by 19/2002 s 8(c)	1.1.2003	
	amended by 19/2002 Sch	12.9.2002	
s 21(3)	amended by 19/2002 s 8(d)	1.1.2003	
	amended by 19/2002 Sch	12.9.2002	
s 21(4)	amended by 19/2002 Sch	12.9.2002	
s 22	substituted by 60/1999 s 23	11.10.1999	
s 22(1)	amended by 19/2002 s 9	1.1.2003	
	amended by 19/2002 Sch	12.9.2002	
s 23	substituted by 60/1999 s 23	11.10.1999	
s 23(1)	amended by 19/2002 Sch	12.9.2002	
	amended by 19/2002 s 10(a), (b), (d)	1.1.2003	
	amended by 19/2002 s 10(c)	1.7.2003	
s 23(3)	amended by 36/2004 s 4	19.8.2004	
s 23(5a) and (5b)	inserted by 19/2002 s 10(e)	12.9.2002	
s 24	substituted by 60/1999 s 23	11.10.1999	
s 24(1)	amended by 19/2002 Sch	12.9.2002	
	deleted by 19/2002 s 11(a)	1.1.2003	
s 24(2)	amended by 19/2002 Sch	12.9.2002	
	amended by 19/2002 s 11(b), (c), (d)	1.1.2003	
	amended by 19/2002 s 11(e)	1.7.2003	
	(f) and (g) deleted by 19/2002 s 11(d)	1.1.2003	
	amended by 36/2004 s 5(1), (2)	19.8.2004	
s 24(3)	amended by 19/2002 Sch	12.9.2002	
	deleted by 19/2002 s 11(f)	1.1.2003	
s 24A	inserted by 60/1999 s 23	11.10.1999	
s 24A(1)	amended by 19/2002 Sch	12.9.2002	
	amended by 19/2002 s 12	1.1.2003	
s 24B	inserted by 60/1999 s 23	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 25			
s 25(1)	amended by 60/1999 s 24(a)	11.10.1999	
	amended by 19/2002 s 13(a)	12.9.2002	
s 25(2)	amended by 60/1999 s 24(b)	11.10.1999	
	substituted by 19/2002 s 13(b)	12.9.2002	
s 26	deleted by 60/1999 s 25	11.10.1999	
s 27			
s 27(1)	substituted by 60/1999 s 26	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 28	substituted by 60/1999 s 27	11.10.1999	
s 28(1)—(6)	amended by 19/2002 Sch	12.9.2002	
s 28A	inserted by 60/1999 s 27	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 28B	inserted by 60/1999 s 27	11.10.1999	
s 28B(1) and (2)	amended by 19/2002 Sch	12.9.2002	
s 29			
s 29(1)—(3)	amended by 60/1999 s 28	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 30			
s 30(1)	amended by 60/1999 s 29(a)	11.10.1999	
	amended by 19/2002 s 14, Sch	12.9.2002	
s 30(3)	amended by 60/1999 s 29(b)	11.10.1999	
Div 2			
s 31	substituted by 60/1999 s 30	11.10.1999	
ss 32 and 33	deleted by 60/1999 s 30	11.10.1999	
Div 2A	inserted by 71/1997 s 8	5.3.1998	
	substituted by 60/1999 s 31	11.10.1999	
s 35A			
s 35A(1)	amended by 19/2002 s 15(a), (b), Sch	12.9.2002	
	amended by 2/2003 s 2	17.4.2003	
s 35A(2)	amended by 19/2002 Sch	12.9.2002	
s 35A(3)	amended by 2/2003 s 2	17.4.2003	
s 35A(4)	substituted by 19/2002 s 15(c)	12.9.2002	
s 35B			
s 35B(4) and (5)	amended by 19/2002 Sch	12.9.2002	
s 35B(7)	amended by 74/1999 s 4	11.10.1999	
s 35B(10a)	inserted by 51/2000 s 2	20.7.2000	
	amended by 2/2003 s 3	17.4.2003	
s 35B(12) and (13)	amended by 19/2002 Sch	12.9.2002	
Div 3	heading amended by 60/1999 s 32	11.10.1999	
s 36			
s 36(1)	amended by 60/1999 s 33(a)	11.10.1999	
	amended by 19/2002 s 16	12.9.2002	
s 36(2)	amended by 60/1999 s 33(b)	11.10.1999	
	amended by 9/2003 s 74(1)	1.7.2003	
s 36(2a)	inserted by 9/2003 s 74(2)	1.7.2003	
s 36(3)	amended by 60/1999 s 33(c)	11.10.1999	
	amended by 9/2003 s 74(3)	1.7.2003	
s 36(5)	inserted by 9/2003 s 74(4)	1.7.2003	
Div 3AA	inserted by 19/2002 s 17	1.1.2003	
s 36AA			
s 36AA(4a)	inserted by 36/2004 s 6(1)	19.8.2004 except (d) and (e)—1.7.2005—not incorporated	
s 36AA(6)			
standing contract price	substituted by 36/2004 s 6(2)	1.7.2005—not incorporated 	
s 36AA(7)	substituted by 36/2004 s 6(3)	19.8.2004	
Div 3A	inserted by 60/1999 s 34	11.10.1999	
Div 4			
s 37			
s 37(1)	amended by 60/1999 s 35(a)—(c)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 37(2)	amended by 60/1999 s 35(d)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 37(3)	amended by 60/1999 s 35(e)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
Div 5	heading amended by 60/1999 s 36	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 38			
s 38(1)	amended by 60/1999 s 37(a), (b)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 38(2)	amended by 60/1999 s 37(c)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 38(3)	amended by 60/1999 s 37(d)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 39			
s 39(1)	amended by 60/1999 s 38(a)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 39(2a)	inserted by 60/1999 s 38(b)	11.10.1999	
s 39(5)	amended by 60/1999 s 38(c)	11.10.1999	
s 39(6)	amended by 60/1999 s 38(d)	11.10.1999	
Div 6	deleted by 60/1999 s 39	11.10.1999	
Pt 4			
s 41			
s 41(1)	amended by 60/1999 s 40	11.10.1999	
s 43			
s 43(2)	amended by 60/1999 s 41(a)	11.10.1999	
s 43(3)	amended by 60/1999 s 41(b)	11.10.1999	
s 45			
s 45(1)	amended by 60/1999 s 42(a)	11.10.1999	
s 45(2)	amended by 60/1999 s 42(b)	11.10.1999	
s 45(3)	amended by 60/1999 s 42(c), (d)	11.10.1999	
s 47			
s 47(2a)	inserted by 60/1999 s 43(a)	11.10.1999	
s 47(11) and (12)	deleted by 60/1999 s 43(b)	11.10.1999	
s 48			
s 48(1)	deleted by 60/1999 s 44(a)	11.10.1999	
s 48(2)	amended by 60/1999 s 44(b)	11.10.1999	
s 48(4)	amended by 60/1999 s 44(c)	11.10.1999	
s 48(5)	deleted by 60/1999 s 44(d)	11.10.1999	
s 48(7)	amended by 60/1999 s 44(e)	11.10.1999	
s 48A	inserted by 60/1999 s 45	11.10.1999	
s 50	amended by 60/1999 s 46	11.10.1999	
s 53			
s 53(2)	amended by 60/1999 s 47	11.10.1999	
s 54	amended by 30/2004 Sch 1 cl 1	25.11.2004	
Pt 5			
Div 1	heading inserted by 62/1997 s 4	1.1.1998	
s 55			
s 55(1)	amended by 62/1997 s 5(a)	1.1.1998	
s 55(1a)	inserted by 62/1997 s 5(b)	1.1.1998	
s 55(3)	amended by 62/1997 s 5(c)	1.1.1998	
s 55(4)—(6)	substituted by 62/1997 s 5(d)	1.1.1998	
Div 2	inserted by 62/1997 s 6	1.1.1998	
Div 3	heading inserted by 62/1997 s 7	1.1.1998	
s 56			
s 56(1)	amended by 62/1997 s 8	1.1.1998	
s 57			
s 57(1)	amended by 62/1997 s 9(a), (b)	1.1.1998	
s 57(2)	amended by 62/1997 s 9(c)	1.1.1998	
s 57(2a)	inserted by 62/1997 s 9(d)	1.1.1998	
s 57(3)	amended by 62/1997 s 9(e)	1.1.1998	
s 57(4)	amended by 62/1997 s 9(f)	1.1.1998	
s 57(5)	amended by 62/1997 s 9(g)	1.1.1998	
s 57(7)	inserted by 62/1997 s 9(h)	1.1.1998	
s 58			
s 58(1)	amended by 60/1999 s 48	11.10.1999	
s 58(2)	amended by 62/1997 s 10	1.1.1998	
Pt 5A	inserted by 60/1999 s 49	11.10.1999	
Pt 6			
s 59			
s 59(1)	amended by 60/1999 s 50	11.10.1999	
s 60			
s 60(1)	amended by 60/1999 s 51	11.10.1999	
s 61			
s 61(1)	amended by 60/1999 s 52(a)	11.10.1999	
s 61(2)	substituted by 60/1999 s 52(b)	11.10.1999	
s 61(3)	deleted by 60/1999 s 52(b)	11.10.1999	
s 62			
s 62(2)	amended by 60/1999 s 53(a)	11.10.1999	
s 62(4)	amended by 60/1999 s 53(b)	11.10.1999	
Pt 7			
Div A1	inserted by 19/2002 s 18	12.9.2002	
Div A2	inserted by 19/2002 s 18	12.9.2002	
Div 1			
s 64			
s 64(1)	amended by 60/1999 s 54(a)	11.10.1999	
s 64(3)	substituted by 60/1999 s 54(b)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 64(4)	inserted by 60/1999 s 54(b)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
	amended by 19/2002 s 19	1.1.2003	
s 65			
s 65(3) and (4)	amended by 60/1999 s 55	11.10.1999	
s 66			
s 66(1)	amended by 60/1999 s 56(a)	11.10.1999	
s 66(3)	amended by 60/1999 s 56(b), (c)	11.10.1999	
Div 2			
s 69			
s 69(2)	amended by 60/1999 s 57(a)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 69(4)	amended by 60/1999 s 57(b)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
s 70			
s 70(3)	amended by 60/1999 s 58	11.10.1999	
s 71			
s 71(3)	amended by 60/1999 s 59	11.10.1999	
s 72			
s 72(2)	amended by 60/1999 s 60(a)	11.10.1999	
s 72(4)	amended by 60/1999 s 60(b)	11.10.1999	
s 73			
s 73(3)	amended by 60/1999 s 61	11.10.1999	
Pt 8	amended by 62/1997 s 11	1.1.1998	
	substituted by 60/1999 s 62	11.10.1999	
s 74	deleted by 19/2002 Sch	12.9.2002	
s 75			
s 75(1)	amended by 19/2002 Sch	12.9.2002	
	(c) deleted by 19/2002 s 20(a)	1.1.2003	
s 75(2)	amended by 19/2002 Sch	12.9.2002	
	(e)(ii) deleted by 19/2002 s 20(b)	1.1.2003	
s 75(3)—(7)	amended by 19/2002 Sch	12.9.2002	
s 76			
s 76(1)	amended by 4/2000 s 9(1) (Sch 1 cl 12(a))	1.6.2000	
	amended by 19/2002 Sch	12.9.2002	
s 76(2)	amended by 4/2000 s 9(1) (Sch 1 cl 12(b))	1.6.2000	
s 76(3)	amended by 19/2002 Sch	12.9.2002	
s 76(4)	deleted by 4/2000 s 9(1) (Sch 1 cl 12(c))	1.6.2000	
s 76(5)	substituted by 4/2000 s 9(1) (Sch 1 cl 12(d))	1.6.2000	
Pt 9			
s 80	substituted by 60/1999 s 63	11.10.1999	
s 80(1)	amended by 19/2002 Sch	12.9.2002	
	amended by 19/2002 s 21	1.1.2003	
s 80(2) and (3)	amended by 19/2002 Sch	12.9.2002	
s 80A	inserted by 60/1999 s 63	11.10.1999	
s 80A(1)	amended by 19/2002 Sch	12.9.2002	
s 81	amended by 60/1999 s 64	11.10.1999	
s 81A	inserted by 60/1999 s 65	11.10.1999	
s 82			
s 82(1)	amended by 62/1997 s 12(a)	1.1.1998	
s 82(3)	amended by 62/1997 s 12(b)	1.1.1998	
s 83			
s 83(1)	amended by 62/1997 s 13(a)	1.1.1998	
s 83(6)	amended by 62/1997 s 13(b)	1.1.1998	
s 90	amended by 60/1999 s 66	11.10.1999	
s 91	amended by 71/1997 s 9	5.3.1998	
	amended by 60/1999 s 67	11.10.1999	
	amended by 19/2002 s 22, Sch	12.9.2002	
s 94			
s 94(1)	amended by 60/1999 s 68	11.10.1999	
s 94A	inserted by 19/2002 s 23	12.9.2002	
s 95			
s 95(1)	amended by 60/1999 s 69	11.10.1999	
s 96			
s 96(2)	amended by 62/1997 s 14	1.1.1998	
	amended by 60/1999 s 70(a), (b)	11.10.1999	
	amended by 19/2002 s 24(a), Sch	12.9.2002	
s 96(3)	amended by 60/1999 s 70(c)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
	amended by 19/2002 s 24(b)	1.1.2003	
s 96(3a)	inserted by 60/1999 s 70(d)	11.10.1999	
	amended by 19/2002 s 24(c)	12.9.2002	
s 97			
s 97(2)	amended by 60/1999 s 71	11.10.1999	
s 98			
s 98(2)	amended by 60/1999 s 72(a), (c)	11.10.1999	
	(d) deleted by 60/1999 s 72(b)	11.10.1999	
s 98(2a)	inserted by 60/1999 s 72(d)	11.10.1999	
s 98(2b)	inserted by 60/1999 s 72(d)	11.10.1999	
	deleted by 19/2002 s 25	1.1.2003	
s 98(2c)	inserted by 60/1999 s 72(d)	11.10.1999	
s 98(3)	amended by 60/1999 s 72(e)	11.10.1999	
	amended by 19/2002 Sch	12.9.2002	
Sch 1	substituted by 60/1999 s 73	11.10.1999	
	amended by 51/2000 s 3	20.7.2000	
	amended by 19/2002 Sch	12.9.2002	
	expired: Sch 1 cl 2(2)—omitted under Legislation Revision and Publication Act 2002	(31.12.2002)	
Sch 1A	inserted by 60/1999 s 73	11.10.1999	
Sch 2			
cl 2	amended by 71/1997 s 10	5.3.1998	
	deleted by 60/1999 s 74	11.10.1999	
Transitional etc provisions associated with Act or amendments
Electricity (Pricing Order and Cross-ownership) Amendment Act 2000
4—Exclusion of Crown liability in relation to electricity pricing order
	(1)	No liability (including contractual liability) is incurred by the Crown in connection with the variation of the electricity pricing order notified in the Gazette on 11 October 1999 at page 1471.
	(2)	In this section—
Crown includes a Minister of the Crown, an instrumentality of the Crown or an officer or employee of the Crown or an instrumentality of the Crown, but does not include a contractor, or an officer or employee of a contractor, engaged by the Crown.
Electricity (Pricing Order) Amendment Act 2003
4—Exclusion of Crown liability in relation to electricity pricing order
	(1)	No liability (including contractual liability) is incurred by the Crown in connection with the further variation of the electricity pricing order notified in the Gazette on 11 October 1999 at page 1471.
	(2)	In this section—
Crown includes a Minister of the Crown, an instrumentality of the Crown or an officer or employee of the Crown or an instrumentality of the Crown, but does not include a contractor, or an officer or employee of a contractor, engaged by the Crown.
Historical versions
Reprint No 1—1.1.1998		
Reprint No 2— 5.3.1998		
Reprint No 3—19.8.1999 		
Reprint No 4—11.10.1999		
Reprint No 5—25.11.1999		
Reprint No 6—1.6.2000		
Reprint No 7—20.7.2000		
Reprint No 8—12.9.2002		
Reprint No 9—1.1.2003		
Reprint No 10—17.4.2003		
Reprint No 11—1.7.2003		
19.8.2004