TABLE OF PROVISIONS Long Title Preamble PART 1 -- Preliminary 1. Short title 2. Commencement 3. Terms used in this Act PART 2 -- Licensing of electricity supply Division 1 -- Licence classification and area 4. Classification of licences 5. Licence area Division 2 -- Licensing requirements 6. Licensing extends to statutory providers 7. Requirement for licence 8. Power to exempt Division 3 -- General licensing provisions 9. Authority to consider public interest 10. Application for licence 11. Authority may determine licence terms and conditions 12. Regulations as to licence terms and conditions 13. Licence condition: performance audit 14. Licence condition: asset management system 15. Duration of licence 16. Renewal of licence 17. Licence fees 18. Transfer of licence 19. Decisions as to grant, renewal or transfer of licence 20. Other laws not affected 21. Amendment of licence on application of licensee 22. Amendment of licence on initiative of Authority 23. Notice of decisions 24. Licences to be available for inspection 25. Regulations about public consultation Division 4 -- Exclusive licences 26. Regulations may authorise an exclusive licence 27. Requirements for regulations 28. Application for and grant of licence 29. Prohibition of further licences 30. Trade practices authorisation Division 5 -- Interruption of supply 31. Interruption of supply Division 6 -- Enforcement 32. Failure to comply with licence 33. Right of licensee to make submissions 34. Exception where public health endangered 35. Cancellation of licence 36. Duty to leave system in safe condition Division 7 -- Other functions of the Authority 37. Authority to administer licensing scheme 38. Authority to monitor licensing scheme and licence compliance 39. Authority may issue codes Division 8 -- Powers in relation to land 40. Power of public authority to grant certain interests 41. Taking of interest or easement for purposes of licence 42. Vesting of interest or easement 43. Proceedings and liability 44. Easements in gross Division 9 -- Extension of Energy Operators (Powers) Act 1979 to licensees 45. Extension of certain provisions of Energy Operators (Powers) Act 1979 Division 10 -- Transitional provision 46. Transitional provision for existing operators PART 3 -- Supply of electricity to certain customers Division 1 -- Preliminary 47. Terms used in this Part Division 2 -- Supply contracts 48. Regulations as to supply contracts 49. Form of contract to be submitted with application for grant, renewal or transfer 50. Licence application not to be granted unless standard form contract approved 51. Approval of standard form contract 52. Amendment or replacement of standard form contract 53. Authority may direct that amendment be made 54. Licence condition: contracts 55. Contracts with corporations 56. Enforcement of obligation in section 55(2) Division 3 -- Connection to distribution system 57. Terms used in this Division 58. Regulations as to connection Division 4 -- Default supplier 59. Regulations as to default supplier PART 4 -- Extension and expansion policies for certain corporations 60. Terms used in this Part 61. Draft policy to be submitted to Coordinator 62. Approval of policy 63. Amendment or replacement of policy 64. Coordinator may direct that amendment be made 65. Licence condition: extension and expansion 66. Regulations as to content of policies PART 5 -- Last resort supply arrangements 67. Terms used in this Part 68. Authority to ensure supply plan in place in designated areas 69. Requirements for last resort supply plan 70. How plan brought into operation 71. Supplier of last resort 72. Functions of supplier of last resort 73. Approval or determination of plan 74. Amendment of plan by supplier 75. Authority may make amendment 76. Licence condition: last resort supply 77. Provision may be made by regulation PART 6 -- Code of conduct for supply of electricity to small use customers 78. Terms used in this Part 79. Code of conduct 80. Code is subsidiary legislation 81. Consultative committee 82. Licence condition: code of conduct 83. Enforcement of code of conduct against marketing agents 84. Code may provide for vicarious liability 85. Code may include presumption of authority 86. Authority to monitor compliance 87. Comment to be sought on amendment or replacement of code 88. Review of code 89. Further provisions about opportunity to comment PART 7 -- Electricity ombudsman scheme Division 1 -- Preliminary 90. Terms used in this Part 91. Regulations as to electricity ombudsman scheme Division 2 -- Approval of electricity ombudsman scheme 92. Authority may approve scheme 93. Requirements for scheme or amendment to be approved 94. Revocation of approval Division 3 -- Scheme operation 95. Customer may have decision or complaint reviewed 96. Jurisdiction of courts and tribunals 97. Enforcement against marketing agents and others 98. Authority to monitor compliance with decisions Division 4 -- Membership of approved scheme by licensee 99. Proof of membership in applications relating to licence 100. Prerequisite to grant, renewal or transfer of licence 101. Licence condition: membership of scheme PART 8 -- Access to services of network infrastructure facilities Division 1 -- Preliminary 102. Purposes of this Part 103. Terms used in this Part Division 2 -- Establishment of Code 104. Minister to establish Code 105. Other matters for which Code may make provision 106. Code does not affect existing agreements 107. Code is subsidiary legislation 108. Public comment on amendment or replacement of Code 109. Exception to section 108 110. Consultation with network service providers on amendment or replacement of Code 111. Review of Code 112. Functions of the Authority 113. The arbitrator Division 3 -- Enforcement 114. References to contravening the Code 115. Prohibitions on hindering or preventing access 116. Proceedings 117. Criminal proceedings do not lie 118. Regulations as to enforcement of Code Division 4 -- Transitional 119. Value of existing facilities 120. Expiry PART 9 -- Wholesale electricity market 121. Terms used in this Part 122. Regulations for a wholesale electricity market 123. Market rules 124. Matters to be dealt with in regulations 125. Appeals 126. Immunity of certain participants 127. Trade practices authorisation by regulation 128. Review of market operation 129. Public consultation PART 10 -- Other matters 130. Review by the Board 131. Regulations 132. Regulations as to fees and charges for supply and services 133. Regulations as to fees and charges for functions of arbitrator and Board SCHEDULE 1 -- Licence terms and conditions SCHEDULE 2 -- Objectives to be met by the electricity ombudsman scheme SCHEDULE 3 -- Transitional provisions[Assented to 23 April 2004]