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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Fairer Water Prices for SEQ
Amendment Bill 2011
Queensland
Fairer Water Prices for SEQ Amendment
Bill 2011
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Queensland Competition Authority Act 1997
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Omission of pt 5A, div 2, sdiv 4A (Other declarations) . . . . . . . . . 7
5 Omission of pt 13 (Transitional provision for Queensland
Competition Authority Amendment Act 2010) . . . . . . . . . . . . . . . 7
6 Insertion of new pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 15 Declaratory provision for Fairer Water Prices
for SEQ Amendment Act 2011
253 Revocation of declaration . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 3 Amendment of South-East Queensland Water (Distribution
and Retail Restructuring) Act 2009
8 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Insertion of new ch 2A, pt 3, div 1 and div 2 hdg . . . . . . . . . . . . . 8
Division 1 Restriction on charges in capped prices period
Subdivision 1 Preliminary
53ARA Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
53ARB Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Subdivision 2 Caps
53ARC Cap for 2011-12 financial year . . . . . . . . . . . . . . . . . . 11
53ARD Cap for 2012-13 financial year . . . . . . . . . . . . . . . . . . 12
53ARE Caps not affected by rebate or subsidy change . . . . . 14
Subdivision 3 Provisions for no or partial base year
53ARF Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Fairer Water Prices for SEQ Amendment Bill 2011
Contents
53ARG Notional base component required for working out
cap ............................ 14
53ARH Criteria if no base year . . . . . . . . . . . . . . . . . . . . . . . . 14
53ARI Criteria if partial base year . . . . . . . . . . . . . . . . . . . . . 15
Division 2 Overdue charges'.
10 Amendment of s 53AS (Application of pt 3) . . . . . . . . . . . . . . . . . 15
11 Amendment of s 53AW (Quarterly CPI indexation for
distributor-retailer's charge) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Amendment of s 63 (Period of transfer notices) . . . . . . . . . . . . . . 16
13 Amendment of s 99AV (Matters required to be stated in account) 16
14 Renumbering of ch 5, pt 2 (Other matters). . . . . . . . . . . . . . . . . . 16
15 Insertion of new ch 5, pts 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 2 Participating local government price mitigation
documents
99BW Price mitigation plans . . . . . . . . . . . . . . . . . . . . . . . . . 17
99BX Final price paths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 3 Portability of long service leave
99BY Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
99BZ Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
99BZA Continuation of accrued rights to long service leave . 20
99BZB Recognition of previous periods of employment. . . . . 20
99BZC Payment by former employer to new employer
towards long service leave entitlements accrued with
former employer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
16 Insertion of new ch 6, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 4 Transitional provisions for Fairer Water Prices
for SEQ Amendment Act 2011
116 Application of s 99ATA for charges applying in
capped prices period . . . . . . . . . . . . . . . . . . . . . . . . . 22
117 Application of s 99AV to accounts for charges . . . . . . 22
17 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 22
Part 4 Amendment of South-East Queensland Water (Distribution
and Retail Restructuring) and Other Legislation
Amendment Act 2010
18 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
19 Omission of s 101 (Replacement of ch 2A, pt 5A, div 3, sdiv 2
(Grid contract documents and registered grid participants)) . . . . 24
20 Omission of s 102 (Amendment of s 360ZDI (Limited liability of
grid participant)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Page 2
Fairer Water Prices for SEQ Amendment Bill 2011
Contents
21 Amendment of s 117 (Insertion of new ch 9, pt 5, div 15) . . . . . . 25
22 Amendment of s 118 (Amendment of sch 4 (Dictionary)) . . . . . . 25
Part 5 Amendment of Water Act 2000
23 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
24 Amendment of s 360ZDD (Grid contract document) . . . . . . . . . . 25
25 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 26
Page 3
2011
A Bill
for
An Act to amend the Queensland Competition Authority Act
1997, the South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009, the South-East Queensland Water
(Distribution and Retail Restructuring) and Other Legislation
Amendment Act 2010 and the Water Act 2000 for particular
purposes
Fairer Water Prices for SEQ Amendment Bill 2011
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Fairer Water Prices for SEQ 4
Amendment Act 2011. 5
Clause 2 Commencement 6
The following provisions of this Act commence on 1 July 7
2011-- 8
(a) part 2; 9
(b) section 8; 10
(c) section 13; 11
(d) section 15, to the extent it inserts new chapter 5, part 3; 12
(e) section 17(1), other than to the extent it inserts new 13
definition capped prices period, and (2) to (4); 14
(f) part 4. 15
Part 2 Amendment of Queensland 16
Competition Authority Act 1997 17
Clause 3 Act amended 18
This part amends the Queensland Competition Authority Act 19
1997. 20
Page 6
Fairer Water Prices for SEQ Amendment Bill 2011
Part 2 Amendment of Queensland Competition Authority Act 1997
[s 4]
Clause 4 Omission of pt 5A, div 2, sdiv 4A (Other declarations) 1
Part 5A, division 2, subdivision 4A-- 2
omit. 3
Clause 5 Omission of pt 13 (Transitional provision for Queensland 4
Competition Authority Amendment Act 2010) 5
Part 13-- 6
omit. 7
Clause 6 Insertion of new pt 15 8
Before schedule 1-- 9
insert-- 10
`Part 15 Declaratory provision for Fairer 11
Water Prices for SEQ 12
Amendment Act 2011 13
`253 Revocation of declaration 14
`(1) This section applies to the declaration, under repealed section 15
170QA, of particular activities to be a monopoly water supply 16
activity. 17
`(2) The declaration is revoked at the start of 1 July 2011 and has 18
no force or effect. 19
`(3) Subsection (2) applies despite the Acts Interpretation Act 20
1954, section 20.'. 21
Clause 7 Amendment of sch 2 (Dictionary) 22
(1) Schedule 2, definitions Allconnex Water, candidate water 23
supply activity, monopoly water supply activity, Queensland 24
Urban Utilities, Unitywater and water supplier-- 25
omit. 26
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 8]
(2) Schedule 2-- 1
insert-- 2
`candidate water supply activity means a water supply 3
activity that is-- 4
(a) carried on by a water supplier; and 5
(b) declared under a regulation to be a candidate water 6
supply activity. 7
monopoly water supply activity means a candidate water 8
supply activity declared by the Ministers, under section 170N, 9
to be a monopoly water supply activity. 10
water supplier means an entity, other than the State or a 11
government agency, that-- 12
(a) carries on, or negotiates to carry on, a water supply 13
activity; and 14
(b) is not owned, whether legally or beneficially and 15
whether entirely or in part, by the State or a government 16
agency.'. 17
Part 3 Amendment of South-East 18
Queensland Water (Distribution 19
and Retail Restructuring) Act 20
2009 21
Clause 8 Act amended 22
This part amends the South-East Queensland Water 23
(Distribution and Retail Restructuring) Act 2009. 24
Clause 9 Insertion of new ch 2A, pt 3, div 1 and div 2 hdg 25
Before section 53AS-- 26
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 9]
insert-- 1
`Division 1 Restriction on charges in capped 2
prices period 3
`Subdivision 1 Preliminary 4
`53ARA Definitions for div 1 5
`In this division-- 6
2010-11 financial year means the financial year ending 30 7
June 2011. 8
2011-12 financial year means the financial year ending 30 9
June 2012. 10
2012-13 financial year means the financial year ending 30 11
June 2013. 12
base year see section 53ARF(b). 13
bulk water component means the charge for bulk water 14
services included in a distributor-retailer's charge. 15
capped charge see section 53ARB(1). 16
capped prices period means both the 2011-12 financial year 17
and the 2012-13 financial year. 18
charged premises see section 53ARB(1). 19
relevant services see section 53ARB(3). 20
relevant year see section 53ARF(a). 21
small business customer, of a distributor-retailer for water 22
services or wastewater services, means a customer (other than 23
a residential customer) of the distributor-retailer for the 24
services if-- 25
(a) the customer uses or, if connected to the 26
distributor-retailer's water service or wastewater service, 27
would be likely to use no more than 100kL of drinking 28
water a year; or 29
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 9]
(b) the customer is of a type of customer that ordinarily uses 1
no more than 100kL of drinking water a year; or 2
(c) the customer has advised the distributor-retailer in 3
writing, and the distributor-retailer is satisfied, that the 4
customer is likely to use no more than 100kL of 5
drinking water a year. 6
variable measures, for the relevant services, includes a 7
measure based on-- 8
(a) the amount of water supplied or wastewater discharged 9
from the charged premises; or 10
(b) the number of pedestals or urinals on the charged 11
premises. 12
`53ARB Application of div 1 13
`(1) This division applies to a charge (a capped charge) for water 14
services or wastewater services provided by a 15
distributor-retailer to premises (the charged premises)-- 16
(a) in the capped prices period; and 17
(b) for a customer who-- 18
(i) is a residential customer or a small business 19
customer of the distributor-retailer for the services; 20
or 21
(ii) is a customer of the distributor-retailer for the 22
services who passes on the charge to a person 23
occupying the charged premises or a part of the 24
premises for residential purposes; or 25
Examples of a customer for subparagraph (ii)-- 26
· the owner of a retirement village 27
· a body corporate for a community titles scheme under 28
the Body Corporate and Community Management Act 29
1997 30
(iii) is a customer of the distributor-retailer for the 31
services who passes on the charge to a person 32
who-- 33
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 9]
(A) occupies the charged premises or a part of 1
the premises to conduct a business; and 2
(B) would, if the person were a customer of the 3
distributor-retailer for the services, be a 4
small business customer of the 5
distributor-retailer. 6
`(2) However, this division does not apply to-- 7
(a) a charge for the discharge of trade waste or the supply of 8
recycled water; or 9
(b) an overdue charge relating to a charge mentioned in 10
paragraph (a). 11
`(3) The water services or wastewater services to which a capped 12
charge relates are the relevant services. 13
`(4) This division applies despite any other provision of this Act or 14
a participation agreement. 15
`Subdivision 2 Caps 16
`53ARC Cap for 2011-12 financial year 17
`(1) The amount (the cap) of a capped charge for the relevant 18
services for the 2011-12 financial year can not be more than 19
the amount worked out by using the formula-- 20
C = (2010-11 BC - 2010-11 RS) + 2011-12 I + 2011-12 BW 21
where-- 22
C means the cap. 23
2010-11 BC (an abbreviation for 2010-11 base component) 24
means the sum of the following for the relevant services for 25
the 2010-11 financial year-- 26
(a) the fixed access charges mentioned in section 99AV(2) 27
for the relevant services relating to the 2010-11 financial 28
year; 29
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 9]
(b) the customer's charge rate for water consumption or 1
wastewater disposal based on variable measures for the 2
2010-11 financial year as applied to the customer's 3
water consumption or wastewater disposal in the 4
2011-12 financial year. 5
2010-11 RS means the amount of any rebate or subsidy for the 6
relevant services for the 2010-11 financial year provided by 7
the participating local government. 8
2011-12 I means the CPI increase for the 2011-12 financial 9
year worked out under the formula in subsection (2). 10
2011-12 BW means the bulk water component of the charge 11
for the relevant services for the 2011-12 financial year. 12
`(2) For subsection (1), the formula for the CPI increase is-- 13
2011-12 I = (2010-11 BC - 2010-11 RS) CPI 14
`(3) For subsection (2)-- 15
(a) CPI means 3.6%; and 16
(b) other variable symbols have the same meaning as under 17
subsection (1). 18
`(4) To remove any doubt, it is declared that the 2010-11 base 19
component does not include the bulk water component of the 20
charge for the relevant services for the 2010-11 financial year. 21
`(5) This section applies subject to subdivision 3. 22
`53ARD Cap for 2012-13 financial year 23
`(1) The amount (the cap) of a capped charge for the relevant 24
services for the 2012-13 financial year can not be more than 25
the amount worked out by using the formula-- 26
C = (2011-12 BC - 2011-12 RS) + 2012-13 I + 2012-13 BW 27
where-- 28
C means the cap. 29
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 9]
2011-12 BC (an abbreviation for 2011-12 base component) 1
means the sum of the following for the relevant services for 2
the 2011-12 financial year-- 3
(a) the fixed access charges mentioned in section 99AV(2) 4
for the relevant services relating to the 2011-12 financial 5
year; 6
(b) the customer's charge rate for water consumption or 7
wastewater disposal based on variable measures for the 8
2011-12 financial year as applied to the customer's 9
water consumption or wastewater disposal in the 10
2012-13 financial year. 11
2011-12 RS means the amount of any rebate or subsidy for the 12
relevant services for the 2011-12 financial year provided by 13
the participating local government. 14
2012-13 I means the CPI increase for the 2012-13 financial 15
year worked out under the formula in subsection (2). 16
2012-13 BW means the bulk water component of the charge 17
for the relevant services for the 2012-13 financial year. 18
`(2) For subsection (1), the formula for the CPI increase is-- 19
2012-13 I = 2011-12 BC - 2011-12 RS CPI 20
`(3) For subsection (2)-- 21
(a) CPI means the CPI figure from the Australian Bureau of 22
Statistics' capital cities comparison for Brisbane 23
relating to the annual period from one March quarter to 24
the next March quarter published by that bureau 25
immediately before the start of the 2012-13 financial 26
year; and 27
(b) other variable symbols have the same meaning as under 28
subsection (1). 29
`(4) To remove any doubt, it is declared that the 2011-12 base 30
component does not include the bulk water component of the 31
charge for the relevant services for the 2011-12 financial year. 32
`(5) This section applies subject to subdivision 3. 33
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
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[s 9]
`53ARE Caps not affected by rebate or subsidy change 1
`To remove any doubt, it is declared that a cap under this 2
subdivision is not affected by a change in any local 3
government rebate or subsidy for the 2011-12 financial year 4
or the 2012-13 financial year. 5
`Subdivision 3 Provisions for no or partial base 6
year 7
`53ARF Application of sdiv 3 8
`This subdivision applies if-- 9
(a) this division started to apply to a capped charge for the 10
customer on the start of or during the 2011-12 financial 11
year or the 2012-13 financial year (the relevant year); or 12
(b) the relevant services were not provided by the 13
distributor-retailer to the charged premises during all the 14
preceding financial year (the base year) or were 15
provided for only part of the base year. 16
`53ARG Notional base component required for working out 17
cap 18
`For subdivision 2, the distributor-retailer must work out the 19
cap as if-- 20
(a) this division had applied to the capped charge for the 21
customer during all of the base year; and 22
(b) the relevant services had been provided to the customer 23
for all of the base year. 24
`53ARH Criteria if no base year 25
`(1) This section applies if-- 26
(a) this division started to apply to a capped charge for the 27
customer on the start of the relevant year; or 28
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 10]
(b) the relevant services were not provided by the 1
distributor-retailer to the charged premises during any of 2
the base year. 3
`(2) In working out the cap under section 53ARG, the 4
distributor-retailer must consider the charges imposed on 5
similar customers for premises similar to the charged 6
premises during the base year. 7
`53ARI Criteria if partial base year 8
`(1) This section applies if-- 9
(a) this division started to apply to a capped charge for the 10
customer after the start of, but during, the base year; or 11
(b) the relevant services were provided by the 12
distributor-retailer to the charged premises for only part 13
of the base year. 14
`(2) In working out the cap under section 53ARG, the 15
distributor-retailer must consider the charges it actually 16
imposed on the customer for the charged premises during the 17
base year. 18
`Division 2 Overdue charges'. 19
Clause 10 Amendment of s 53AS (Application of pt 3) 20
(1) Section 53AS, heading, `pt 3'-- 21
omit, insert-- 22
`div 2'. 23
(2) Section 53AS(1), `This part'-- 24
omit, insert-- 25
`This division'. 26
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 11]
Clause 11 Amendment of s 53AW (Quarterly CPI indexation for 1
distributor-retailer's charge) 2
Section 53AW(4), definition quarter-- 3
omit. 4
Clause 12 Amendment of s 63 (Period of transfer notices) 5
Section 63, `30 June 2011'-- 6
omit, insert-- 7
`30 June 2012'. 8
Clause 13 Amendment of s 99AV (Matters required to be stated in 9
account) 10
(1) Section 99AV(3)-- 11
renumber as section 99AV(5). 12
(2) Section 99AV-- 13
insert-- 14
`(3) The entry called `distribution and retail' must be included in 15
the account under a separate heading called `Local 16
Government distributor-retailer price'. 17
`(4) The bulk water component must be included in the account 18
under a separate heading called `State bulk water price'. 19
Clause 14 Renumbering of ch 5, pt 2 (Other matters) 20
Chapter 5, part 2-- 21
renumber as chapter 5, part 4. 22
Claus 15 Insertion of new ch 5, pts 2 and 3 23
Chapter 5-- 24
insert-- 25
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 15]
`Part 2 Participating local government 1
price mitigation documents 2
`99BW Price mitigation plans 3
`(1) Each participating local government for a distributor-retailer 4
must, by the resolution day-- 5
(a) adopt by resolution a written plan (a price mitigation 6
plan) about how the local government proposes to 7
mitigate the impact on customers for relevant charges 8
after the capped prices period ends; and 9
(b) give the Minister a copy of the plan. 10
`(2) A price mitigation plan must include information about the 11
following-- 12
(a) an initial price path for the introduction of increases in 13
the charges that will moderate the impact of the 14
increases on customers; 15
(b) the policies the participating local government intends 16
to adopt to help particular customers, including, for 17
example, aged pensioners; 18
(c) how the participating local government intends to keep 19
the community informed about the increases; 20
(d) the extent to which a distributor-retailer's profits that are 21
paid to the participating local government are to be used 22
to provide subsidies or rebates to users of water services 23
or wastewater services. 24
`(3) Subsection (2) does not limit the matters that may be included 25
in the price mitigation plan. 26
`(4) The participating local government must, as soon as 27
practicable after the publication day-- 28
(a) publish a copy of its price mitigation plan on its website; 29
and 30
(b) publish a notice about the plan in a newspaper 31
circulating in its local government area; and 32
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
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[s 15]
(c) ensure a copy of the plan is available for inspection at its 1
public offices. 2
`(5) The notice must state the local government has adopted the 3
price mitigation plan and where copies of it may be obtained. 4
`(6) The participating local government must take all reasonable 5
steps to ensure it implements its price mitigation plan. 6
`(7) In this section-- 7
publication day means-- 8
(a) 1 September 2011; or 9
(b) if the Minister notifies a later day by gazette notice--the 10
later day. 11
relevant charges means charges for water services or 12
wastewater services provided by the distributor-retailer in the 13
local government's area. 14
resolution day means-- 15
(a) 1 July 2011; or 16
(b) if the Minister notifies a later day by gazette notice--the 17
later day. 18
`99BX Final price paths 19
`(1) Each participating local government for a distributor-retailer 20
must do the following by 1 March 2013-- 21
(a) adopt by resolution a written final price path for relevant 22
charges under section 99BW relating to the period from 23
1 July 2013 to 30 June 2019; 24
(b) give the Minister a copy of the final price path; 25
(c) publish a notice about the final price path in a 26
newspaper circulating in its local government area; 27
(d) publish a copy of the final price path on its website; 28
(e) ensure a copy of the final price path is available for 29
inspection at its public offices. 30
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
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[s 15]
`(2) The final price path must state graduated price increases for 1
the charges during the period. 2
`(3) The graduated price increases must moderate the effect of the 3
increases on customers. 4
`(4) The notice must state the local government has adopted the 5
final price path and where copies of it may be obtained. 6
`(5) The distributor-retailer must take all reasonable steps to 7
ensure it implements the final price path. 8
`Part 3 Portability of long service leave 9
`99BY Definition for pt 3 10
`In this part-- 11
accrued right to long service leave, for a person, means the 12
person's entitlement to take long service leave after having 13
completed a minimum period of employment with an 14
employer. 15
`99BZ Application of pt 3 16
`This part applies if-- 17
(a) a person is employed (the new employment) by a 18
distributor-retailer (the new employer); and 19
(b) the person was previously employed (the former 20
employment) by another distributor-retailer (the former 21
employer); and 22
(c) the period between ending the former employment and 23
beginning the new employment is not longer than 1 24
year; and 25
(d) the person did not receive a payment from the former 26
employer of an amount as a cash equivalent for accrued 27
long service leave. 28
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 15]
`99BZA Continuation of accrued rights to long service leave 1
`(1) The person's accrued right to long service leave in relation to 2
the former employment is continued in relation to the new 3
employment as an accrued right to long service leave as an 4
employee of the new employer. 5
`(2) From the start of the new employment, the new employer has 6
the same obligations in relation to the person's accrued right 7
to long service leave as the former employer had in relation to 8
the person at the end of the former employment. 9
Example-- 10
If a person was entitled to take 11 weeks long service leave at the time 11
the former employment ended, the person continues to be entitled to 12
take 11 weeks long service leave after the start of the new employment. 13
The entitlement would not be subject to completing any further period 14
of employment with the new employer. 15
`(3) However, after the start of the new employment, the person 16
continues to accrue rights to long service leave only under the 17
same conditions as an employee of the new employer who is 18
not a person to whom this part applies. 19
`99BZB Recognition of previous periods of employment 20
`(1) This section applies when deciding the person's accrued right 21
to long service leave in relation to the new employer. 22
`(2) The person's period of employment with the former employer, 23
in addition to the person's period of employment with the new 24
employer, is taken to be the person's period of employment 25
with the new employer. 26
Example-- 27
A person is taken to have completed a period of employment of 10 years 28
with a new employer if the person completed a period of employment of 29
6 years with a former employer and a period of employment of 4 years 30
with the new employer. 31
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Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 16]
`99BZC Payment by former employer to new employer 1
towards long service leave entitlements accrued with 2
former employer 3
`(1) The former employer must pay the new employer an amount 4
for the number of days of long service leave that the person-- 5
(a) is entitled to take because of the person's period of 6
employment with the former employer; or 7
(b) would have been entitled to take, because of the person's 8
period of employment with the former employer, if there 9
was no minimum period of employment to be completed 10
before the entitlement is accrued. 11
`(2) The amount is the amount the former employer would have 12
been required to pay the person if the person had taken the 13
long service leave. 14
`(3) The amount must be paid within a reasonable period after 15
being requested by the new employer. 16
`(4) A former employer of the person must provide the person's 17
new employer with the following information about the 18
person-- 19
(a) the length of accrued long service leave; 20
(b) any special leave taken without salary; 21
(c) any long service leave taken by the person or any 22
amount paid to the person instead of long service leave; 23
(d) any undertaking given in relation to long service leave.'. 24
Clause 16 Insertion of new ch 6, pt 4 25
Chapter 6-- 26
insert-- 27
Page 21
Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 17]
`Part 4 Transitional provisions for 1
Fairer Water Prices for SEQ 2
Amendment Act 2011 3
`116 Application of s 99ATA for charges applying in 4
capped prices period 5
`(1) Section 99ATA(2) applies to a distributor-retailer in relation to 6
charges for its water services and wastewater services for the 7
2011-12 financial year as if the reference in that subsection to 8
`30 June of the financial year preceding the financial year to 9
which the charges relate' were a reference to `31 July of the 10
2011-12 financial year'. 11
`(2) Section 99ATA(3) and (4) does not apply to a 12
distributor-retailer in relation to charges for its water services 13
and wastewater services for the 2012-13 financial year. 14
`117 Application of s 99AV to accounts for charges 15
`Section 99AV(3) and (4), as inserted under the Fairer Water 16
Prices for SEQ Amendment Act 2011, does not apply to an 17
account from a distributor-retailer to a customer for water 18
services or wastewater services until 1 July 2012.'. 19
Clause 17 Amendment of schedule (Dictionary) 20
(1) Schedule, definitions former employer and new employer-- 21
omit. 22
(2) Schedule-- 23
insert-- 24
`2010-11 financial year see section 53ARA. 25
2011-12 financial year see section 53ARA. 26
2012-13 financial year see section 53ARA. 27
accrued right to long service leave, for chapter 5, part 3, see 28
section 99BY. 29
Page 22
Fairer Water Prices for SEQ Amendment Bill 2011
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 17]
base year see section 53ARF(b). 1
bulk water component, for chapter 2A, part 3, division 1, see 2
section 53ARA. 3
capped charge see section 53ARB(1). 4
capped prices period see section 53ARA. 5
charged premises see section 53ARB(1). 6
drinking water see the Water Supply Act, schedule 3. 7
former employer-- 8
(a) for chapter 3, part 4, division 2, see section 81; or 9
(b) for chapter 5, part 3, see section 99BZ(b). 10
former employment see section 99BZ(b). 11
new employer-- 12
(a) for chapter 3, part 4, division 2, see section 81; or 13
(b) for chapter 5, part 3, see section 99BZ(a). 14
new employment see section 99BZ(a). 15
quarter means a whole period of 3 months ending at the end 16
of 31 March, 30 June, 30 September or 31 December. 17
recycled water see the Water Supply Act, schedule 3. 18
relevant services, for chapter 2A, part 3, division 1, see 19
section 53ARB(3). 20
relevant year see section 53ARF(a). 21
small business customer see section 53ARA. 22
variable measures see section 53ARA.'. 23
(3) Schedule, definition distributor-retailer's charge, after `part 24
3,'-- 25
insert-- 26
`division 2,'. 27
(4) Schedule, definition overdue charge, after `part 3,'-- 28
Page 23
Fairer Water Prices for SEQ Amendment Bill 2011
Part 4 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
and Other Legislation Amendment Act 2010
[s 18]
insert-- 1
`division 2,'. 2
Part 4 Amendment of South-East 3
Queensland Water (Distribution 4
and Retail Restructuring) and 5
Other Legislation Amendment 6
Act 2010 7
Clause 18 Act amended 8
This part amends the South-East Queensland Water 9
(Distribution and Retail Restructuring) and Other Legislation 10
Amendment Act 2010. 11
Clause 19 Omission of s 101 (Replacement of ch 2A, pt 5A, div 3, 12
sdiv 2 (Grid contract documents and registered grid 13
participants)) 14
Section 101-- 15
omit. 16
Editor's note-- 17
Legislation ultimately amended-- 18
· Water Act 2000 19
Clause 20 Omission of s 102 (Amendment of s 360ZDI (Limited 20
liability of grid participant)) 21
Section 102-- 22
omit. 23
Page 24
Fairer Water Prices for SEQ Amendment Bill 2011
Part 5 Amendment of Water Act 2000
[s 21]
Editor's note-- 1
Legislation ultimately amended-- 2
· Water Act 2000 3
Clause 21 Amendment of s 117 (Insertion of new ch 9, pt 5, div 15) 4
Section 117, to the extent it inserts new section 1178-- 5
omit. 6
Editor's note-- 7
Legislation ultimately amended-- 8
· Water Act 2000 9
Clause 22 Amendment of s 118 (Amendment of sch 4 (Dictionary)) 10
Section 118(2), to the extent it inserts the definitions default 11
grid contract, mandatory term, negotiated grid contract and 12
non-market contract-- 13
omit. 14
Editor's note-- 15
Legislation ultimately amended-- 16
· Water Act 2000 17
Part 5 Amendment of Water Act 2000 18
Clause 23 Act amended 19
This part amends the Water Act 2000. 20
Clause 24 Amendment of s 360ZDD (Grid contract document) 21
Section 360ZDD(1), `1 July 2011'-- 22
Page 25
Fairer Water Prices for SEQ Amendment Bill 2011
Part 5 Amendment of Water Act 2000
[s 25]
omit, insert-- 1
`1 July 2013'. 2
Clause 25 Amendment of sch 4 (Dictionary) 3
Schedule 4-- 4
insert-- 5
`grid contract document see section 360ZDD(1).'. 6
© State of Queensland 2011
Page 26
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