Northern Territory Numbered Acts

NATIONAL ELECTRICITY (NORTHERN TERRITORY) (NATIONAL UNIFORM LEGISLATION) ACT 2015 (NO 16 OF 2015) - NOTES

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Table of provisions

2A Interpretation

2B Act binds Crown

Part 1A General obligations of network participants

3A Compliance with Network Access Code

3B Compliance with price regulation determinations

Part 2 Network Access Code

4A NAC electricity networks

4B Amendment of Network Access Code

4C Minister may prescribe matters for Network Access Code

Part 3 Regulator

Division 1 Functions and powers – general matters

5A Functions of regulator

5B Matters to be taken into account when performing functions

5C Independence of regulator

5D Powers of regulator

5E Conferral of functions and powers on AER

5F Delegation

5G Guidelines

5H Statements and reports

Division 2 Economic regulatory determinations

6A Regulator to make economic regulatory determinations

6B Price regulation determinations

6C Economic regulatory determination must include reasons

6D Publication of economic regulatory determination

6E Commencement and duration of economic regulatory determination

Division 3 Miscellaneous matters for regulator

7A Consideration by regulator of submissions

7B Regulator to inform certain persons of decisions not to investigate breaches etc.

7C Effect of delay in making decision

7D Annual report to be tabled

Part 3A Information gathering powers and related matters

Division 1 Search warrants

8A Authorised person

8B Identity cards

8C Return of identity cards

8D Search warrant

8E Announcement of entry and details of warrant to be given to occupier or other person at premises

8F Announcement before entry

8G Copies of seized documents

8H Retention and return of seized documents or things

8J Extension of period of retention of documents or things seized

8K Obstruction of person authorised to enter

Division 2 General information gathering powers

9A Power to obtain information and documents

Division 3 Regulatory information notices and general regulatory information orders

Subdivision 1 Interpretation

10A Definitions

10B Meaning of contributing service

10C Meaning of general regulatory information order

10D Meaning of regulatory information notice

10E Division does not limit operation of information gathering powers under Division 2

Subdivision 2 Serving and making of regulatory information instruments

10F Service and making of regulatory information instrument

10G Additional matters to be considered for related provider regulatory information instruments

10H Regulator must consult before publishing a general regulatory information order

10J Publication requirements for general regulatory information orders

10K Opportunity to be heard before regulatory information notice is served

Subdivision 3 Form and content of regulatory information instruments

10L Form and content of regulatory information instrument

10M Further provision about the information that may be specified in a regulatory information instrument

10N Further provision about manner in which information must be provided to regulator or kept

Subdivision 4 Compliance with regulatory information instruments

10P Compliance with regulatory information notice that is served

10Q Compliance with general regulatory information order

10R Exemptions from compliance with general regulatory information order

10S Assumptions where there is non-compliance with regulatory information instrument

Subdivision 5 General

10T Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument

10U Legal professional privilege not affected

10V Protection against self-incrimination

Division 4 Offences

11A False and misleading information

11B Intimidation to prevent cooperation with regulator

Part 3B Use and disclosure of information

Division 1 Use of information by regulator

12A Use of information

Division 2 Performance reports

13A Preparation of performance reports

Division 3 Disclosure of confidential information held by regulator

Subdivision 1 Requirement to keep information confidential

14A Confidentiality

Subdivision 2 Authorised disclosure of confidential information

14B Authorised disclosure of information given to regulator in confidence

14C Disclosure with prior written consent is authorised

14D Disclosure for purposes of proceedings and to accord natural justice

14E Disclosure of information given to regulator with confidential information omitted

14F Disclosure of information given in confidence does not identify anyone

14G Disclosure of information that has entered the public domain

14H Disclosure of confidential information authorised if detriment does not outweigh public benefit

Subdivision 3 Information sharing with regulator

14J Disclosure by Territory authority to regulator
Part 6 Enforcement of compliance with Act

Division 1 General

21 Instituting civil proceedings

Division 2 Enforceable undertakings

22 Enforceable undertakings

Division 3 Proceedings for breaches of provisions that are not offences

Subdivision 1 Proceedings for breaches generally

23 Time limit within which regulator may institute proceedings

24 Order that person is in breach

25 Additional Court orders

26 Orders for disconnection in certain circumstances where there is no breach

27 Double jeopardy

Subdivision 2 Matters about civil penalty provisions

28 Meaning of civil penalty

29 Matters for which there must be regard in determining amount of civil penalty

30 Breach of a civil penalty provision is not an offence

31 Breaches of civil penalty provisions involving continuing failure

32 Conduct in breach of more than one civil penalty provision

33 Persons involved in breach of civil penalty provision

34 Attempt to breach civil penalty provision

Division 4 Other civil proceedings

35 Obligations under Act to make payments

Division 5 Infringement notices for breaches of civil penalty provisions

36 Power to serve a notice

37 Form of notice

38 Infringement penalty

39 Regulator cannot institute proceedings while infringement notice on foot

40 Late payment of penalty

41 Withdrawal of notice

42 Refund of infringement penalty

43 Payment expiates breach of civil penalty provision

44 Payment not to have certain consequences

45 Conduct in breach of more than one civil penalty provision

Division 6 Liability of bodies corporate, officers and employees

46 Offences and breaches of civil penalty provisions by body corporate

47 Body corporate also in breach if officers and employees are in breach

Division 7 Evidentiary matters

48 Evidentiary certificates

Part 7 Miscellaneous

49 Money payable to Territory

50 Protection from liability

51 Confidentiality of information

52 Publication on regulator's website

53 Regulations

Part 8 Transitional provisions for National Electricity (Northern Territory) (National Uniform Legislation) Act 2015

Division 1 Preliminary matters

54 Definitions

Division 2 Continuation provisions

55 Continuation of Gazette notices for prescribed networks

56 Continuation of Gazette notices made for Network Access Code

57 Continuation of network pricing determination

58 Continuation of other economic regulatory determinations

59 Continuation of guidelines

60 Continuation of statements and reports

61 Continuation of ongoing things relating to regulator

62 References to Utilities Commission in documents

Division 3 Transitional obligations of Utilities Commission

63 Final annual report

64 Utilities Commission to give information to AER

Division 4 Other transitional matters

65 Appeals

66 Transitional regulation making power
2A Application to NAC electricity networks
9 Provider to comply with good electricity industry practice
Division 6 Network Technical Codes

66A Network provider to publish Network Technical Code
Part 9 Transitional provisions for National Electricity (Northern Territory) (National Uniform Legislation) Act 2015

114 Definitions

115 Continuation of network technical codes

116 References to transferred provisions
Schedule 2 Operational and technical requirements for access

1 Network Technical Code

2 Network planning criteria

Division 1AA—Part has no effect

48A Part has no effect
108B Part has no effect
Part 1AA Parts 1 to 11 have no effect

1AA Parts 1 to 11 have no effect

Division 1AA—Part deferred until 1 July 2019

10B Part deferred until 1 July 2019
Division 1AA—Part deferred until 1 July 2019

118AA Part deferred until 1 July 2019
124A Part deferred until 1 July 2019

2A—Meaning of access dispute

NORTHERN TERRITORY OF AUSTRALIA

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Act No. 16 of 2015

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[Assented to 22 May 2015]

[Second reading 25 March 2015]