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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Energy Legislation Amendment Bill 2023
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Electricity Infrastructure Investment Act 2020 No 44
3
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No
103 5
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2023
New South Wales
Energy Legislation Amendment Bill 2023
Act No , 2023
An Act to amend the Electricity Infrastructure Investment Act 2020 in relation to the functions of
the energy security target monitor and other matters; and to amend the Energy and Utilities
Administration Act 1987 in relation to the governance arrangements for the Energy Corporation.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Energy Legislation Amendment Bill 2023 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Energy Legislation Amendment Act 2023.
2 Commencement
This Act commences as follows--
(a) for Schedule 2--on a day or days to be appointed by proclamation,
(b) otherwise--on the date of assent to this Act.
Page 2
Energy Legislation Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Electricity Infrastructure Investment Act 2020 No 44
Schedule 1 Amendment of Electricity Infrastructure
Investment Act 2020 No 44
[1] Section 18 Disclosure of protected information
Insert after section 18(1)(a)--
(a1) to AEMO under subsection (1A), or
[2] Section 18(1A) and (1B)
Insert after section 18(1)--
(1A) The energy security target monitor may disclose protected information to
AEMO if the monitor considers it necessary when exercising the monitor's
functions under section 12 or 13.
(1B) AEMO must not disclose protected information disclosed to it under
subsection (1A).
[3] Section 31 Consideration of recommendations by infrastructure planner
Insert after section 31(5)--
(6) The regulations may make further provision about the following--
(a) the exercise of the consumer trustee's functions under this section,
(b) requiring the infrastructure planner to give information to the consumer
trustee.
[4] Section 36 Application of Division
Omit "section 34(2)" from section 36(3). Insert instead "section 34(3)".
[5] Section 44 Infrastructure investment objectives
Omit section 44(3)(b). Insert instead--
(b) construction of long-duration storage infrastructure with at least--
(i) storage of 16 gigawatt hours, and
(ii) capacity of 2 gigawatts.
[6] Section 45 Planning by consumer trustee
Insert "approximately" before "every" in section 45(2)(b).
[7] Section 51 Risk management framework
Omit section 51(6) and (7). Insert instead--
(6) The Minister may--
(a) require the regulator to review an approved risk management
framework, and
(b) require the consumer trustee to amend the risk management framework
in accordance with a recommendation by the regulator arising from the
review.
[8] Section 55 Payments out of Fund
Insert after section 55(a)--
(a1) money authorised by the Minister to cover the administrative costs of
the scheme financial vehicle,
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Energy Legislation Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Electricity Infrastructure Investment Act 2020 No 44
[9] Section 59 Energy security target monitor
Omit section 59(2). Insert instead--
(2) In the absence of an appointment, the Secretary must exercise the functions of
the energy security target monitor.
[10] Section 60 Consumer trustee
Omit section 60(2). Insert instead--
(2) In the absence of an appointment, the Secretary must exercise the functions of
the consumer trustee.
[11] Section 71 Delegation
Insert after section 71(3)--
(4) The Secretary may, when exercising a function of the energy security target
monitor under section 59(2) or the consumer trustee under section 60(2),
delegate the function to an employee of the Department.
[12] Section 73 Personal liability
Insert after section 73(3), definition of protected person, paragraph (e)--
(e1) the Secretary when exercising the functions of--
(i) the energy security target monitor under section 59(2), or
(ii) the consumer trustee under section 60(2),
[13] Section 73(3), definition of "protected person", paragraph (f)
Omit "paragraphs (a)-(e)". Insert instead "paragraphs (a)-(e1)".
[14] Section 76 Penalty notices
Omit section 76(6), definition of authorised officer. Insert instead--
authorised officer means the following--
(a) the energy security target monitor,
(b) a person of a class prescribed by the regulations.
Page 4
Energy Legislation Amendment Bill 2023 [NSW]
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
Schedule 2 Amendment of Energy and Utilities
Administration Act 1987 No 103
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
Board means the Board of the Corporation.
Board member means a member of the Board appointed by the Minister under
section 7(2).
Chief Executive Officer means the person employed in the Public Service
under the Government Sector Employment Act 2013 as the Chief Executive
Officer of the Corporation.
Public Service employee has the same meaning as in the Government Sector
Employment Act 2013.
[2] Section 3(1), definition of "Corporation"
Omit "section 7". Insert instead "section 6".
[3] Part 3
Omit the part. Insert instead--
Part 3 Energy Corporation
Division 1 Constitution of Corporation
6 Constitution of Corporation
(1) There is constituted by this Act a corporation with the corporate name of the
Energy Corporation of New South Wales.
(2) The Corporation is taken to be the continuation of the Corporation constituted
under this Act, section 7 immediately before the repeal of that section by the
Energy Legislation Amendment Act 2023.
(3) The Corporation is a NSW government agency.
Note-- See the Interpretation Act 1987, section 13A.
(4) The Corporation is subject to the control and direction of the Minister.
(5) The Department and the Corporation must, to the maximum extent possible,
act in a complementary way to achieve a unified administration of this Act and
other Acts conferring or imposing functions on the Corporation.
Division 2 Management of Corporation
7 Constitution of Board of Corporation
(1) There is to be a Board of the Corporation.
(2) The Board consists of at least 3 and not more than 8 Board members appointed
by the Minister.
(3) The Minister must appoint Board members who, in the Minister's opinion,
have skills and experience that--
(a) are relevant to the administration of the Corporation, and
(b) will assist the Corporation in exercising its functions.
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Energy Legislation Amendment Bill 2023 [NSW]
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
(4) At least 1 Board member must have skills and experience in community
engagement.
(5) The Minister must appoint a Board member as Chairperson of the Board.
(6) Schedule 1 contains provisions about the members and procedure of the
Board.
8 Functions of Board
The Board has the following functions--
(a) to determine the policies of the Corporation and give directions to the
Chief Executive Officer in relation to the functions of the Corporation,
(b) other functions conferred or imposed on the Board by this Act or
another law or prescribed by the regulations.
9 Staff of Corporation
Persons may be employed in the Public Service under the Government Sector
Employment Act 2013 to enable the Corporation to exercise its functions.
Note-- The Government Sector Employment Act 2013, section 59 provides that the
persons employed for the Corporation, or whose services the Corporation makes use
of, may be referred to as officers or employees, or members of staff, of the Corporation.
The Constitution Act 1902, section 47A precludes the Corporation from employing
staff.
10 Control and management of Corporation
(1) All decisions relating to the functions of the Corporation must be made by or
under the authority of the Board.
(2) The Chief Executive Officer is responsible for the day-to-day management of
the affairs of the Corporation, subject to the policies and directions of the
Board.
(3) An act, matter or thing done in the name of, or on behalf of, the Corporation
by or under the authority of the Board or the Chief Executive Officer is taken
to have been done by the Corporation.
(4) A direction of the Minister under section 6(4) prevails over a policy or
direction of the Board to the extent of an inconsistency.
Division 3 Miscellaneous
10A Delegation
(1) The Corporation may delegate the exercise of any of its functions, other than
this power of delegation, to the following--
(a) the Chief Executive Officer,
(b) an advisory committee established by the Corporation under section
10B,
(c) a Public Service employee,
(d) a person of a class prescribed by the regulations.
(2) The Corporation may subdelegate a function delegated to the Corporation by
the Minister to the persons specified in subsection (1), unless the Minister
otherwise provides in the instrument of delegation.
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Energy Legislation Amendment Bill 2023 [NSW]
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
(3) The Chief Executive Officer may delegate the exercise of any of the Chief
Executive Officer's functions, other than this power of delegation, to the
following--
(a) a member of staff of the Corporation,
(b) a person of a class prescribed by the regulations.
(4) The Chief Executive Officer may subdelegate a function delegated to the
Chief Executive Officer by the Minister or the Corporation to the following,
unless the Minister or the Corporation otherwise provides in the instrument of
delegation--
(a) a member of staff of the Corporation,
(b) a person of a class prescribed by the regulations.
Note-- The Minister's functions may be delegated under section 45.
10B Advisory committees
(1) The Corporation may establish advisory committees to give advice and
assistance to the Corporation in connection with the Corporation's functions.
(2) The procedure for calling advisory committee meetings and conducting
business at advisory committee meetings must, subject to this Act and the
regulations, be determined by the Corporation.
(3) The Corporation may dissolve an advisory committee.
10C Protection from personal liability
(1) A protected person, or an individual acting under the direction of a protected
person, is not personally subject to civil liability for anything done or omitted
to be done--
(a) in good faith, and
(b) for the purposes of exercising functions under this Act or the
regulations.
(2) The liability instead attaches to the Crown.
(3) In this section--
civil liability includes an action, claim or demand.
protected person means the following--
(a) the Corporation,
(b) a Board member,
(c) the Chief Executive Officer.
[4] Part 4, heading
Omit "the Corporation". Insert instead "Energy Corporation".
[5] Sections 12A and 12B
Insert after section 12--
12A Corporation's service delivery priorities
The Corporation must determine the Corporation's service delivery priorities,
having regard to the Minister's expectations for service delivery established
by a Statement of Expectations issued to the Corporation by the Minister, if
any.
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Energy Legislation Amendment Bill 2023 [NSW]
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
12B Statement of corporate intent
(1) The Corporation must, before the beginning of each financial year, prepare a
statement of corporate intent for the financial year.
(2) The statement of corporate intent must--
(a) be made in accordance with any regulations, and
(b) specify the following--
(i) the Corporation's service delivery priorities,
(ii) other matters prescribed by the regulations.
(3) The statement of corporate intent must be consistent with a Statement of
Expectations issued to the Corporation by the Minister no later than 4 months
before the beginning of the financial year to which the statement relates.
(4) The Corporation must, as far as practicable, exercise its functions in
accordance with the statement of corporate intent.
(5) The regulations may make provision about statements of corporate intent,
including the following--
(a) the preparation of statements,
(b) consultation on draft statements,
(c) publication of statements.
(6) This section is subject to a requirement made under this Act, including a
requirement in a direction by the Minister under this Act.
[6] Section 21 Inquiries into energy matters
Omit section 21(2)(a). Insert instead--
(a) an advisory committee established by the Corporation under section
10B, or
[7] Section 21(5)
Insert after section 21(4)--
(5) The regulations may make provision about the travelling expenses and
compensation that may be paid to persons attending or giving evidence at an
inquiry or examination under this section.
[8] Section 36 Provisions relating to the Corporation
Omit the section.
[9] Sections 42 and 43
Omit the sections.
[10] Section 45
Omit the section. Insert instead--
45 Delegation of Minister's functions
(1) The Minister may delegate the exercise of any of the Minister's functions
under this Act or the regulations, other than this power of delegation, to the
following--
(a) the Secretary,
(b) the Corporation,
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Energy Legislation Amendment Bill 2023 [NSW]
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
(c) a committee established by the Minister under section 34W,
(d) a person of a class prescribed by the regulations.
(2) The Secretary may subdelegate a function, delegated to the Secretary by the
Minister, to a Public Service employee, unless the Minister otherwise provides
in the instrument of delegation.
Note-- See also section 10A, which enables the Corporation and the Chief Executive
Officer to subdelegate functions delegated to them by the Minister.
[11] Section 46A Penalty notices
Omit "or the Secretary" from section 46A(6).
[12] Section 53 Regulations
Omit section 53(2).
[13] Schedule 1
Insert before Schedule 2--
Schedule 1 Members and procedure of Board of Energy
Corporation
section 7(6)
1 Terms of office of Board members
(1) Subject to this schedule and the regulations, a Board member holds office for
the term, not more than 3 years, specified in the instrument of appointment.
(2) A Board member may be re-appointed but must not hold office for a
cumulative total of more than 9 years.
2 Remuneration
A Board member is entitled to be paid the remuneration, including travelling
and subsistence allowances, determined by the Minister from time to time.
3 Acting Board members
(1) The Minister may, from time to time, appoint a person to act in the office of a
Board member during the illness or absence of the Board member or a vacancy
in office.
(2) When acting in the place of the Board member, the acting Board member has
all the functions of the Board member and is taken to be a Board member.
(3) The Minister may remove a person from the office to which the person was
appointed to act under this clause.
(4) This clause does not operate to confer the Chairperson's functions on a person
acting in the office of the Board member who is the Chairperson.
4 Vacancy in office of Board member
(1) The office of a Board member becomes vacant if the Board member--
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by written instrument addressed to the Minister, or
(d) is removed from office by the Minister under subclause (2), or
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Energy Legislation Amendment Bill 2023 [NSW]
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
(e) is absent from 3 consecutive Board meetings of which reasonable notice
has been given to the Board member, unless the Board member is--
(i) on leave granted by the Minister, or
(ii) excused by the Minister for having been absent from the
meetings, or
(f) becomes bankrupt, applies to take the benefit of a law for the relief of
bankrupt or insolvent debtors, compounds with the Board member's
creditors or makes an assignment of the Board member's remuneration
for the creditors' benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by
imprisonment for 12 months or more or is convicted elsewhere than in
New South Wales of an offence that, if committed in New South Wales,
would be an offence so punishable.
(2) The Minister may remove a Board member from office.
5 Filling of vacancy in office of Board member
If the office of a Board member becomes vacant, a person may, subject to this
Act and the regulations, be appointed to fill the vacancy.
6 Vacancy in office of Chairperson
(1) The Chairperson of the Board vacates office as Chairperson if the
Chairperson--
(a) is removed from office by the Minister under subclause (2), or
(b) resigns the office by written instrument addressed to the Minister, or
(c) ceases to be a Board member.
(2) The Minister may remove the Chairperson from office as Chairperson.
7 Disclosure of pecuniary and other interests
(1) This clause applies if--
(a) a Board member has a direct or indirect pecuniary or other interest in a
matter being considered or about to be considered at a Board meeting,
and
(b) the interest appears to raise a conflict with the proper performance of the
Board member's duties in relation to the consideration of the matter.
(2) The member must, as soon as possible after the relevant facts have come to the
member's knowledge, disclose the nature of the interest at a Board meeting.
(3) Particulars of a disclosure made under this clause must be recorded by the
Board and made available to any person on request.
(4) It is sufficient disclosure of the nature of an interest relating to a specified
company, body or person if the Board member has previously disclosed that
the Board member--
(a) is a member of, or employed by, the company or body, or
(b) is a partner of, or employed by, the person, or
(c) has some other specified interest relating to the company, body or
person.
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Energy Legislation Amendment Bill 2023 [NSW]
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
(5) After a member has disclosed the nature of an interest in a matter, the member
must not, unless the Board otherwise determines--
(a) be present during a deliberation of the Board about the matter, or
(b) take part in a decision of the Board about the matter.
(6) A member who has a direct or indirect pecuniary or other interest in a matter
to which a disclosure relates must not--
(a) be present at the time the Board is making a determination under
subclause (5), or
(b) take part in the making of the determination.
(7) A contravention of this clause does not invalidate a decision of the Board.
(8) This clause applies to a member of an advisory committee established by the
Board under section 10B and the advisory committee in the same way as it
applies to a Board member and the Board.
8 Effect of certain other Acts
(1) The provisions of the Government Sector Employment Act 2013 relating to the
employment of Public Service employees do not apply to a Board member.
(2) If, by or under any Act, provision is made for either of the following, the
provision does not operate to disqualify the person from holding the office and
also the office of a member, or from accepting and retaining any remuneration
payable to the person under this Act as a Board member--
(a) requiring a person who is the holder of a specified office to devote the
whole of the person's time to the duties of that office,
(b) prohibiting the person from engaging in employment outside the duties
of that office.
9 General procedure
The procedure for calling Board meetings and conducting business at Board
meetings must, subject to this Act and the regulations, be determined by the
Board.
10 Quorum
The quorum for a Board meeting is a majority of Board members for the time
being.
11 Presiding Board member
(1) The Chairperson of the Board must preside at a Board meeting.
(2) If the Chairperson is absent from a Board meeting, a Board member elected by
the Board members present at the meeting must preside at the meeting.
(3) The presiding Board member has a deliberative vote and, if there is an equality
of votes, a second or casting vote.
12 Voting
A decision supported by a majority of the votes cast at a Board meeting at
which a quorum is present is the decision of the Board.
13 Transaction of business outside meetings or by electronic means
(1) The Board may, if it thinks fit, transact its business--
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Energy Legislation Amendment Bill 2023 [NSW]
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
(a) by the circulation of papers, by email or other electronic means, among
all members, or
(b) at a meeting at which all or some Board members participate by
telephone or other electronic means, but only if a Board member who
speaks on a matter at the meeting can be heard by the other Board
members.
(2) If the Board transacts its business by the circulation of papers under subclause
(1)(a), a written resolution approved in writing by a majority of the Board
members is taken to be a decision of the Board made at a Board meeting.
(3) The Chairperson and other Board members have the same voting rights as at
an ordinary Board meeting for the purposes of--
(a) a meeting held in accordance with subclause (1)(b), or
(b) the approval of a resolution under subclause (2).
(4) A resolution approved under subclause (2) must be recorded in the minutes of
the Board meeting.
14 First meeting
The Minister may call the first meeting of the Board.
[14] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1(1)--
another Act that amends this Act
[15] Schedule 2
Insert at the end of the schedule, with appropriate part and clause numbering--
Part Provision consequent on enactment of Energy
Legislation Amendment Act 2023
Advisory committees
(1) An existing committee is taken, on the commencement of the amending Act,
Schedule 2[3], to be an advisory committee established by the Corporation
under section 10B, as inserted by the amending Act.
(2) In this clause--
amending Act means the Energy Legislation Amendment Act 2023.
existing committee means a committee established by the Secretary under
section 10 that was in existence immediately before the commencement of the
amending Act, Schedule 2[3].
Page 12
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