Queensland Numbered Acts

ELECTRICITY COMPETITION AND PROTECTION LEGISLATION AMENDMENT ACT 2014 NO. 48

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Electrical Safety Act 2002
   3.      Act amended
   4.      Replacement of pt 11A, div 8
   5.      Amendment of sch 2 (Dictionary)
           Part 3--Amendment of Electricity Act 1994
   6.      Act amended
   7.      Amendment of s 18A (Declaration for Commonwealth Act)
   8.      Amendment of s 20 (Definitions for div 1)
   9.      Amendment of s 20A (Exemptions for on-suppliers)
   10.     Omission of ch 1, pt 6, div 1, sdivs 3 and 4
   11.     Amendment of s 20H (Individual metering option)
   12.     Omission of s 20J (Maximum charge for metered supply)
   13.     Omission of ch 1, pt 6, div 1, sdiv 6 (Disclosure requirements for common area consumption charges)
   14.     Amendment of s 20O (National Electricity Rules exemption required)
   15.     Amendment of s 20Q (Exemptions for rail government entities, railway managers and their related bodies corporate)
   16.     Amendment of s 22 (Electricity entities)
   17.     Amendment of s 23 (Customers and their types)
   18.     Amendment of s 26 (Generation authorities)
   19.     Omission of ch 2, pt 5, divs 2 and 3
   20.     Replacement of ch 2, pt 5, div 4, hdg (General provisions about customer connection services)
   21.     Omission of ss 40E and 40H
           22. Amendment of s 42 (Conditions of distribution authority)
   23.     Amendment of s 44A (Additional condition to allow credit for electricity produced by small photovoltaic generators)
   24.     Replacement of ch 2, pt 6, hdg (Retail entities and their authorities)
   25.     Omission of ch 2, pt 6, div 1 (Preliminary)
   26.     Omission of ch 2, pt 6, divs 2 and 3 and div 4, hdg
   27.     Omission of s 55D (Conditions of retail authority)
   28.     Replacement of s 55DA (Additional condition about community services agreement)
   29.     Amendment of s 55DB (Additional condition about electricity produced by qualifying generator)
   29A.    Amendment of s 55DBA (Additional condition about electricity produced by small photovoltaic generator)
   30.     Omission of ss 55DC and 55E
           31. Omission of s 55GA (Additional condition about inclusion of carbon and renewable energy target cost estimates in residential customer accounts)
   32.     Omission of s 55G (Restriction on Ergon Energy and its subsidiaries)
   33.     Amendment of s 55H (Negotiation of coordination agreement)
   34.     Amendment of s 55I (Standard coordination agreement)
   35.     Amendment of s 56 (Purpose of special approvals)
   36.     Amendment of s 58 (Special approvals)
   37.     Amendment of s 59 (Authorisation given by special approval)
   38.     Amendment of s 60 (Conditions of special approval)
   39.     Amendment of s 61B (Additional condition for electricity produced by photovoltaic generators)
   40.     Insertion of new s 64B
           41. Amendment of s 66 (Limitation of electricity officer's powers)
   42.     Omission of s 89 (Restriction on sale of electricity)
   43.     Replacement ch 4, pt 2, hdg (Pricing)
   44.     Amendment of s 89A (Definitions for pt 2)
   45.     Insertion of new ch 4, pt 2, div 2, div 3, hdg and s 89E
           46. Amendment of s 90 (Deciding prices for non-market customers)
   47.     Amendment of s 90A (Obtaining information for price determination)
   48.     Amendment of s 91 (Retail entities charging for GST)
   49.     Amendment of s 91A (Retail entity must comply with notification or direction)
   50.     Insertion of new ch 4, pt 2, div 4
   50A.    Amendment of s 92 (Definitions for pt 2A)
   51.     Amendment of s 97 (Limitation of liability of electricity entities and special approval holders that are not Registered participants)
   52.     Amendment of s 116 (Authority to acquire land)
   53.     Omission of s 118 (Financially responsible retail entity may recover amount for electricity consumed by person occupying premises)
   54.     Amendment of s 120 (Regulator's power to require information from electricity entities)
   55.     Amendment of s 120AA (Regulator's powers concerning audit of compliance with Act etc.)
   56.     Amendment of s 120AB (Responsibility for cost of audit)
   57.     Amendment of s 120AC (Independent auditor may require reasonable help or information)
   58.     Amendment of s 120AD (Audit report and submissions on report)
   59.     Amendment of s 120AE (Disclosure of information)
   60.     Replacement of ch 5, pt 1A, hdg (Industry codes)
   61.     Replacement of ch 5, pt 1A, div 2, hdg (Initial industry codes)
   62.     Amendment of s 120B (Making of initial industry codes by Minister)
   63.     Replacement of s 120C (Specific matters for which code may provide)
   64.     Replacement of ch 5, pt 1A, div 3, hdg (QCA industry codes)
   65.     Amendment of ch 5, pt 1A, div 4, hdg (Review of industry codes and related matters)
   66.     Replacement of ch 5, pt 1A, div 5, hdg (Amending Industry codes)
   67.     Replacement of ch 5, pt 1A, div 6, hdg (Enforcing Industry codes)
   68.     Amendment of s 120Z (Injunctions)
           69. Amendment of s 120ZL (Relationship with Fair Trading Act 1989)
   70.     Omission of s 120ZM (Compliance with particular requirements under Australian Consumer Law (Queensland) for unsolicited consumer agreements)
   71.     Omission of ch 5, pts 1B and 3A
   72.     Amendment of s 132 (Grounds for disciplinary action)
   73.     Amendment of s 133 (Types of disciplinary action)
   74.     Insertion of new ch 5, pt 5
   75.     Amendment of s 137 (Entry to read meters etc.)
   76.     Amendment of s 138 (Disconnection of supply if entry refused)
   77.     Amendment of s 139 (Entry to disconnect supply)
   78.     Amendment of s 143 (Compensation)
           79. Amendment of s 178 (Issue of generation authorities)
   80.     Amendment of s 179 (Application for generation authority)
   81.     Omission of ch 9, pt 4 (Retail authorities)
   82.     Amendment of s 210 (Consideration of application for special approval)
   83.     Amendment of s 214 (Who may apply for internal review etc.)
   84.     Amendment of s 215 (Applying for internal review)
   85.     Amendment of s 216 (Stay of operation of decision etc.)
   86.     Amendment of s 218 (Decision on reconsideration)
   87.     Amendment of s 219 (Who may apply for external review)
   88.     Amendment of s 220 (Application of QCAT Act notice requirement)
   89.     Amendment of s 226B (Avoidance of multiple penalties)
   90.     Amendment of s 240A (Executive officer may be taken to have committed offence)
   91.     Amendment of s 253AA (Direction by Minister to give information or advice)
   92.     Amendment of s 253 (Advisory committees)
   93.     Amendment of s 254B (Registers QCA must keep)
   94.     Insertion of new ch 14, pt 17
   95.     Amendment of sch 1 (Review of administrative decisions)
   96.     Amendment of sch 2 (Subject matter for regulations)
   97.     Amendment of sch 5 (Dictionary)
           Part 4--Amendment of Energy and Water Ombudsman Act 2006
   98.     Act amended
   99.     Replacement of s 5 (What is an energy Act)
   100.    Amendment of s 6 (Who is a small customer (energy))
   101.    Amendment of s 7 (What is an energy entity)
   102.    Amendment of s 19 (Restrictions on disputes relating to energy entities that can be referred)
   103.    Amendment of s 46 (Failure by relevant entity to comply with accepted order or compliance directions)
   104.    Amendment of s 64 (Scheme participation—energy entities)
   105.    Amendment of s 67 (Amount of participation fee—energy entity)
   106.    Insertion of new pt 13
   107.    Amendment of schedule (Dictionary)
           Part 5--Amendment of Gas Supply Act 2003
   108.    Act amended
   109.    Replacement of s 3 (Main purposes of Act)
   110.    Amendment of s 4 (Gas-related matters to which Act does not apply)
   111.    Replacement of s 5A (Declaration for Commonwealth Act)
   112.    Amendment of s 16 (Who is a customer)
   113.    Omission of ss 17 and 20
           114. Replacement of s 21 (What is a distribution authority)
   115.    Omission of s 23 (Types of distribution authority and their distributors)
   116.    Omission of ch 1, pt 3, div 2, sdiv 7 (Retail authorities and retailers)
   117.    Amendment of s 28 (Requirements for application)
   118.    Amendment of s 29 (Public notice by regulator and submissions)
   119.    Amendment of s 37 (Issue and public notice of authority)
   120.    Amendment of s 43 (Restriction for area distributors)
   121.    Amendment of s 48 (Contingency practices and procedures)
   122.    Amendment of s 60 (Notice of proposed action)
   123.    Replacement of s 102 (Application of pt 3)
   124.    Amendment of s 108 (Commencement of customer connection services)
   125.    Amendment of s 109C (Provisions for large customers)
   126.    Amendment of s 125 (Operation of pt 4)
   127.    Replacement of ch 3, pt 1, hdg (Retail authorities)
   128.    Omission of ch 3, pt 1, div 1 (Applying for and obtaining retail authority)
   129.    Omission of ch 3, pt 1, div 2, hdg and ss 159–175
           130. Amendment of s 175A (Additional condition about community services agreement)
   131.    Omission of ch 3, pt 1, divs 3 and 4 and pt 2
   132.    Amendment of ch 3, pt 3, hdg (On-supply)
   133.    Omission of ch 3, pt 3, div 1, hdg (Preliminary)
   134.    Omission of ss 214 and 215
           135. Omission of ch 3, pt 3, divs 2 and 3 and div 4, hdg
   136.    Amendment of s 222 (Individual metering option)
   137.    Amendment of s 223 (Compensation for installation damage)
   138.    Omission of ch 3, pt 3, div 5 (Disclosure requirements for common area consumption charges)
   139.    Amendment of s 228 (Fixing of prices for standard contracts or for on-supply)
   140.    Amendment of s 228A (Restrictions on the first exercise of price fixing power)
   141.    Amendment of s 229 (Review of notified prices)
   142.    Amendment of s 231 (Requirement to comply with notified prices)
   143.    Amendment of s 232 (Additional consequences of failure to comply with notified prices)
   144.    Amendment of s 233 (Directions for prices notification)
   145.    Amendment of s 234 (Requirement to comply with direction for prices notification)
   146.    Amendment of s 241 (Limitation of industry participant's liability because of compliance with plan)
   147.    Replacement of s 247 (Notice of intention to stop processed natural gas transport or customer connection or retail services)
   148.    Omission of ch 4, pt 4 (Retailer of last resort scheme)
   149.    Amendment of s 257 (Direction overrides contracts)
   150.    Replacement of ch 5A, hdg and pt 1, hdg
   151.    Amendment of s 270A (Making of initial industry codes by Minister)
   152.    Replacement of s 270B (Specific matters for which code may provide)
   153.    Insertion of new s 270BA
           154. Replacement of ch 5A, pt 2, hdg (QCA industry codes)
   155.    Amendment of ch 5A, pt 3, hdg (Review of industry codes and related matters)
   156.    Amendment of ch 5A, pt 4, hdg (Amending industry codes)
   157.    Amendment of ch 5A, pt 5, hdg (Enforcing industry codes)
   158.    Amendment of s 270ZD (How regulator deals with referral)
   159.    Amendment of s 270ZJA (Relationship with Fair Trading Act 1989)
   160.    Omission of s 270ZJB (Compliance with particular requirements under Australian Consumer Law (Queensland) for unsolicited consumer agreements)
   161.    Amendment of s 270ZK (Application of pt 1A)
   162.    Amendment of s 270ZL (Regulator may impose civil penalty)
   163.    Amendment of s 270ZM (Information notice about and taking effect of decision)
   164.    Insertion of new ch 6, pt 1B
   165.    Omission of s 288 (Unlawful selling reticulated processed natural gas)
   166.    Amendment of ch 6, pt 4, hdg (General remedies)
   167.    Omission of s 302 (Additional consequences of unlawfully selling reticulated processed natural gas)
   168.    Amendment of s 303 (Recovery of unlawful profits)
   169.    Amendment of s 307 (Other evidentiary aids)
   170.    Amendment of s 307A (Evidentiary effect of code contravention notice)
   171.    Amendment of s 308 (Register of authorities)
   172.    Amendment of s 309 (Keeping of register of authorities)
   173.    Amendment of s 310A (Registers QCA must keep)
   174.    Amendment of s 316 (Limitation of liability of distributors and retailers)
   175.    Insertion of new ch 7, pt 3
   176.    Amendment of sch 1 (Decisions subject to internal review)
   177.    Amendment of sch 2 (Dictionary)
           Part 6--Amendment of Queensland Competition Authority Act 1997
   178.    Act amended
   179.    Amendment of s 10 (Authority's functions)
   180.    Amendment of s 227A (Keeping registers)
           Part 7--Amendment of Retail Shop Leases Act 1994
   181.    Act amended
   182.    Omission of s 37A (Lessor's recovery of electricity charges)
           Part 8--Acts amended
   183.    Acts amended
           SCHEDULE 1 -- MINOR AMENDMENTS