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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 103
As laid on the table and read a first time, 2 June 2004
South Australia
Statutes
Amendment (Electricity and Gas) Bill 2004
A Bill For
An Act to amend the Electricity Act 1996 and
the Gas Act 1997.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of
Electricity Act 1996
4 Amendment of section 23—Licences
authorising operation of transmission or distribution network
5 Amendment of section 24—Licences
authorising retailing
6 Amendment of section 36AA—Provision
for standing contract with small customers
Part 3—Amendment of Gas
Act 1997
7 Amendment of
section 34A—Standing contracts
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Statutes Amendment (Electricity
and Gas) Act 2004.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Electricity Act 1996
4—Amendment of section 23—Licences authorising operation of transmission or distribution network
Section 23(3)—delete "1 January
2005" and substitute:
30 June 2010
5—Amendment of section 24—Licences authorising retailing
Section 24(2)—after paragraph (e) insert:
(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
6—Amendment of section 36AA—Provision for standing contract with small customers
(1) Section 36AA—after subsection (4) insert:
(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;
(d) unless the Commission determines that special circumstances
exist—
(i) a determination
may not be made to take effect before the expiry date of the last preceding
determination made by the Commission in accordance with this subsection;
(ii) a
determination may only be made if the entity has made a submission to the
Commission stating the price that the entity proposes be fixed by the
Commission as the entity's standing contract price, and the entity's
justification for the price, not less than 6 months and not more than 9 months
before the making of the determination;
(iii) the
Commission must, before making a determination, have conducted an inquiry under
Part 7 of the Essential Services Commission Act 2002 into the
question of the appropriate price to be fixed as the standing contract price;
(e) a submission under paragraph (d) must comply with any
requirements as to the form and content of such submissions imposed by the
Commission by written notice served on the entity.
(2) Section 36AA(6),
definition of standing contract price—delete the definition and
substitute:
standing contract price, in relation to an electricity entity,
means—
(a) the price fixed by the Commission as the entity's standing
contract price in accordance with subsection (4a); or
(b) if
there is no price for the time being fixed by the Commission as the entity's
standing contract price in accordance with subsection (4a), the price fixed by
the electricity pricing order under section 35B as at 31 December 2002 for the
sale of electricity to non-contestable customers;
(3) Section 36AA(7)—delete
subsection (7) and substitute:
(7) The
Governor may, by proclamation, fix a day on which this section expires.
Part 3—Amendment of Gas Act 1997
7—Amendment of section 34A—Standing contracts
(1) Section 34A—before subsection (5) insert:
(4a) The following
provisions apply in relation to the fixing by the Commission of a standing
contract price for an entity and class of customers for the purposes of this
section:
(a) the Commission may fix the price by a determination of a
kind referred to in section 33(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;
(d) unless the Commission determines that special circumstances
exist—
(i) a determination
may not be made to take effect before the expiry date of the last preceding
determination made by the Commission in accordance with this subsection;
(ii) a
determination may only be made if the entity has made a submission to the
Commission stating the price that the entity proposes be fixed by the
Commission as the entity's standing contract price, and the entity's
justification for the price, not less than 6 months and not more than 9 months
before the making of the determination;
(iii) the
Commission must, before making a determination, have conducted an inquiry under
Part 7 of the Essential Services Commission Act 2002 into the
question of the appropriate price to be fixed as the standing contract price;
(e) a submission under paragraph (d) must comply with any
requirements as to the form and content of such submissions imposed by the
Commission by written notice served on the entity.
(2) Section 34A(6),
definition of standing contract price—delete the definition and
substitute:
standing contract price, in relation to a gas entity and a
customer, means—
(a) until 1 July 2005—the price last fixed by the Minister under
Schedule 2 for the sale and supply of gas to a class of customers to which the
customer belongs;
(b) on and from 1 July 2005—
(i) the price fixed by the Commission in accordance
with subsection (4a) as the entity's standing contract price for a class of
customers to which the customer belongs; or
(ii) if there is no price for the time being fixed by the Commission as the entity's standing contract price in accordance with subsection (4a), the price fixed by the Minister under Schedule 2 as at 31 December 2002 for the sale and supply of gas to a class of customers to which the customer belongs;