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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
PRODUCTIVITY COMMISSION AMENDMENT (ELECTRICITY REPORTING)
BILL 2023
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Duniam)
PRODUCTIVITY COMMISSION AMENDMENT (ELECTRICITY
REPORTING) BILL 2023
OUTLINE
The main purpose of this Bill is to improve the quality and availability of energy-related
statistics across Australia. It is aimed at providing Australians with greater information, and
transparency, about the rates of current and past retail electricity prices in each State and
Territory.
Until now, it has been difficult for such information to be viewed in an easily understandable
and consolidated form.
If passed, the Bill will require the Productivity Commission to create new reports on these
prices, as well as the respective sources from which electricity is being generated, for each
quarter. It will also ensure that each of these reports is then tabled in the Parliament.
NOTES ON CLAUSES
Clause 1: Short Title
1. Clause 1 provides for the short title of the Bill to be the Productivity Commission
Amendment (Electricity Reporting) Act 2023.
Clause 2: Commencement
2. This Clause stipulates that the Bill will take effect from the day after it receives
Royal Assent.
Clause 3: Schedules
3. This clause provides that each Act specified in a Schedule to this Act is amended or
repealed as is set out in the applicable items in the Schedule. Any other item in a Schedule to
this Act has effect according to its terms.
Schedule 1--Amendments
Productivity Commission Act 1998
Item 1 - Section 3
4. Item 1 inserts, into the Productivity Commission Act 1998, a definition s of 'quarter'.
Item 2 - After paragraph 6(1)(f)
5. This item inserts paragraph 6(1)(fa), which provides that reporting to the Minister on
retail electricity pricing, and sources of electricity generation, in each of the eight States and
Territories of Australia is a function of the Productivity Commission.
Item 3 - At the end of Part 4
6. This item adds section 22A in new Division 3 at the end of Part 4. Subsection 22A(1)
requires the Productivity Commission to prepare a quarterly report.
7. Subsection (2) provides that the report must include information on retail electricity
prices.
8. Subsection (4) provides that the report must set out an estimate of the percentage of
electricity generated from each energy source. This subsection provides the Productivity
Commission with the flexibility to display the most accurate practicable information in
relation to the percentage of electricity generated by source. This is because there may be
circumstances in which it is unable to access every element of the original data necessary to
ensure that this calculation is fully precise.
9. Subsections 22A(5) and (6) specify the timeframes in which the report needs to be
provided to, and tabled by, the Minister.
10. Subsection 22A(7) defines daily supply charge, electricity retailer, market offer price
and standing offer price.
Item 4 - Application of amendments
11. Subitem 4(1) provides for section 22A to apply in relation to a quarter ending on or
after the Act commences.
12. Subitem 4(2) stipulates that the first such report under section 22A must also contain
the statistical information for each quarter dating back to, and including, the quarter
beginning on 1 July 2019.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Productivity Commission Amendment (Electricity Reporting) Bill 2023
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The main purpose of this Bill is to improve the quality and availability of energy-related
statistics across Australia.
If passed, it will require the Productivity Commission to create new reports on these prices,
as well as the respective sources from which electricity is being generated, for each quarter. It
will also ensure that each of these reports is then tabled in the Parliament.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
This Bill aims to provide Australians with greater information and transparency about the
rates of electricity prices in each State and Territory.
Until now, it has been difficult for Australians to access and view such information in a
consolidated and easily understandable form.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Senator Duniam