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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Electricity Supply Amendment (Advanced
Meters) Bill 2016
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Electricity Supply Act 1995 No 94 3
Schedule 2 Amendment of Electricity (Consumer Safety) Act 2004 No 4 8
Schedule 3 Amendment of Electricity Supply (Safety and Network
Management) Regulation 2014 9
Schedule 4 Amendment of Electricity Supply (General) Regulation 2014 10
Schedule 5 Amendment of Electricity (Consumer Safety) Regulation 2015 11
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2016
New South Wales
Electricity Supply Amendment (Advanced
Meters) Bill 2016
Act No , 2016
An Act to amend the Electricity Supply Act 1995 with respect to the installation, maintenance and
replacement of electricity meters and the carrying out of certain electrical work; to amend the
Electricity (Consumer Safety) Act 2004 with respect to electricity meters; and for other purposes.
Electricity Supply Amendment (Advanced Meters) Bill 2016 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Electricity Supply Amendment (Advanced Meters) Act 2016.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Electricity Supply Amendment (Advanced Meters) Bill 2016 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[1] Section 29 Electricity meters
Omit the section.
[2] Section 31 Customer may choose supplier and contractor
Omit "any other person" from section 31 (1) (b).
Insert instead "an accredited service provider".
[3] Section 31 (2)
Omit the subsection.
[4] Section 31A
Insert after section 31:
31A Accredited service providers
(1) A person must not provide a contestable network service unless the person is
accredited to provide services in accordance with the regulations (an
accredited service provider) and the person's accreditation authorises the
person to provide the contestable network service concerned.
Maximum penalty: 500 penalty units.
(2) The regulations may exempt the provision of specified, or a specified class of,
contestable network services from the requirement that the services must be
provided by an accredited service provider.
(3) The exemption may be unconditional or subject to conditions.
(4) The regulations may make provision for or with respect to the following:
(a) the accreditation of accredited service providers (including the
imposition of conditions on accreditation),
(b) different classes of accredited service providers,
(c) the payment of fees in connection with the accreditation of accredited
service providers (including the imposition of fees for applications for
accreditation and renewal of accreditation).
(5) In this section:
contestable network service means:
(a) a service provided for the purpose of complying with a requirement
imposed by a distributor under this Division, and
(b) any other distribution service (within the meaning of the National
Electricity Rules) prescribed by the regulations.
[5] Section 32 Sealing of electrical installations
Omit the section.
Page 3
Electricity Supply Amendment (Advanced Meters) Bill 2016 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[6] Section 54 Powers of entry
Omit section 54 (1A). Insert instead:
(1A) An authorised officer of a retailer may enter the premises of a customer for the
following purposes:
(a) reading, testing, maintaining, inspecting or altering any meter installed
at the premises,
(b) calculating or measuring energy supplied or taken at the premises,
(c) checking the accuracy of metered consumption at the premises,
(d) replacing meters,
(e) any other purpose prescribed by the regulations relating to metering.
[7] Section 54 (2)
Omit the subsection. Insert instead:
(2) A power of entry to premises under this section may be exercised only during
daylight hours except:
(a) in an emergency, or
(b) in the case of an authorised officer of a retailer--if there is a problem
with a meter on the premises that poses a risk to safety.
[8] Section 63M Inspectors
Omit section 63M (1A).
[9] Section 63N Obstruction of inspectors
Omit section 63N (2).
[10] Section 63O Inspection of certain electrical equipment
Omit the section.
[11] Section 63Q Orders prohibiting the unsafe operation of electricity delivery
equipment
Omit "or retailer" from section 63Q (1).
[12] Section 63W Search warrants
Omit section 63W (1) (a).
[13] Section 66 Interference with electricity meters
Omit "by the distributor".
Insert instead "under this Act, the regulations or any other energy laws (within the meaning
of the National Energy Retail Law (NSW))".
[14] Section 183A Personal liability of authorised officers
Insert "or retailer" after "network operator" wherever occurring.
Page 4
Electricity Supply Amendment (Advanced Meters) Bill 2016 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[15] Section 196
Insert after section 195:
196 Power of entry by metering provider
(1) A metering provider may enter the premises of a customer for the following
purposes:
(a) reading, testing, maintaining, inspecting or altering any metering
installation at the premises,
(b) calculating or measuring energy supplied or taken at the premises,
(c) checking the accuracy of metered consumption at the premises,
(d) replacing meters.
(2) A power of entry to premises under this section may be exercised only during
daylight hours except:
(a) in an emergency, or
(b) if there is a problem with a meter on the premises that poses a risk to
safety.
(3) Sections 55, 58-60 and 62 apply to the power of entry conferred on a metering
provider under this section in the same way as they apply to a power of entry
conferred on an authorised officer under Division 3 of Part 5.
(4) In this section, metering provider has the same meaning as it has in the
National Electricity Rules.
[16] Schedule 6 Savings, transitional and other provisions
Insert at the end of the Schedule:
Part 15 Provisions consequent on enactment of Electricity
Supply Amendment (Advanced Meters) Act 2016
69 Definitions
In this Part:
advanced meter means a meter that is a type 4 metering installation referred
to in Chapter 7 of the National Electricity Rules.
amending Act means the Electricity Supply Amendment (Advanced Meters)
Act 2016.
basic meter means a meter that is a type 5 or 6 metering installation referred
to in Chapter 7 of the National Electricity Rules.
interim period means the period commencing on the amendment of section 31
by the amending Act and ending on 1 December 2017 (or such later day as
may be prescribed by the regulations).
metering provider has the same meaning as it has in the National Electricity
Rules.
retailer has the same meaning as it has in the National Energy Retail Law
(NSW).
Page 5
Electricity Supply Amendment (Advanced Meters) Bill 2016 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
70 Basic meters during interim period
(1) Division 4 of Part 3 of this Act, as in force before the repeal of section 29 by
the amending Act, continues to apply during the interim period in respect of:
(a) any requirement to install a basic meter imposed under Division 4 of
Part 3 of this Act before that repeal, and
(b) a meter installed by a distributor before that repeal, and
(c) a basic meter installed during the interim period.
(2) A distributor who installed a meter before the repeal of section 29 by the
amending Act, or installed a basic meter during the interim period, remains
responsible for the maintenance of that meter.
71 Interim provisions for installation of advanced meters by retailers and
metering providers
(1) A retailer or metering provider who provides, installs or replaces an advanced
meter during the interim period, or maintains an advanced meter installed
during the interim period, must ensure that:
(a) any person engaged to install an advanced meter is a qualified person
(within the meaning of the Electricity (Consumer Safety) Regulation
2015) and has undertaken appropriate training in the installation of
advanced meters (including de-energisation and re-energisation of
electrical installations), and
(b) safety and compliance testing is carried out in relation to each
installation as required by Part 1 of Chapter 3 of the Electricity
(Consumer Safety) Regulation 2015.
(2) A retailer or metering provider must have a safety management system in
place that specifies the ways in which the retailer or metering provider
proposes to ensure compliance with subclause (1).
(3) A retailer or metering provider must not, during the interim period, install an
advanced meter in relation to premises at which 1 or more persons require life
support equipment unless the occupier of the premises is given at least
4 business days notice of the proposed installation (or such shorter period as
may be agreed, in writing, between the occupier and retailer or metering
provider).
(4) Clauses 8 (except for clause 8 (1) (d)) and 9 of Schedule 2 apply to a retailer
or metering provider who contravenes this clause, or regulations made under
this Schedule consequent on the enactment of the amending Act, in the same
way as they apply to a licensee who contravenes a requirement of this Act.
(5) In this clause:
life support equipment has the same meaning as it has in the National Energy
Retail Rules.
72 Continuation of accreditation
A person accredited for the provision of services for the purposes of section 31
immediately before the insertion of section 31A by the amending Act, is taken
to be an accredited service provider and the accreditation of the person is
subject to any terms and conditions that applied to the person's accreditation
immediately before that insertion.
Page 6
Electricity Supply Amendment (Advanced Meters) Bill 2016 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
73 Meaning of "customer connection services"
For the purposes of Division 4 of Part 3 of this Act, customer connection
services does not include the provision, installation or maintenance of
advanced meters during the interim period.
74 Regulations
(1) Regulations made under this Schedule consequent on the enactment of the
amending Act may make separate savings and transitional provisions, or
amend this Part to consolidate the savings and transitional provisions.
(2) The regulations made under this Schedule consequent on the enactment of the
amending Act have effect despite anything to the contrary in this Part.
[17] Dictionary
Insert in alphabetical order:
accredited service provider--see section 31A.
[18] Dictionary, definition of "connection point"
Omit ", as determined in accordance with the regulations".
Insert instead "as determined in accordance with the Service and Installation Rules of New
South Wales, as in force from time to time, published by the Department of Industry, Skills
and Regional Development".
[19] Dictionary, definition of "electrical installation"
Omit "associated equipment that are". Insert instead "electrical equipment".
[20] Dictionary, definition of "electricity delivery equipment"
Omit "or retailer".
Page 7
Electricity Supply Amendment (Advanced Meters) Bill 2016 [NSW]
Schedule 2 Amendment of Electricity (Consumer Safety) Act 2004 No 4
Schedule 2 Amendment of Electricity (Consumer Safety) Act
2004 No 4
[1] Section 3 Definitions
Insert "meters," after "fittings," in the definition of electrical installation in section 3 (1).
[2] Section 3 (1), definition of "electrical installation"
Insert "measuring," after "conveyance,".
[3] Section 3 (1), definition of "electrical installation"
Insert "(other than a meter)" after "equipment" in paragraph (a).
[4] Section 30A
Insert after section 30:
30A Electricity meters
(1) Without limiting section 30, an authorised officer may inspect an electrical
installation that includes the installation of an electricity meter to ensure that
the installation complies with this Act and any standards or requirements
imposed by the regulations.
(2) The regulations may prescribe a fee for or in connection with the inspection by
an authorised officer of an electrical installation that includes the installation
of an electricity meter.
[5] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
any other Act that amends this Act
[6] Schedule 1
Insert at the end of the Schedule, with appropriate Part and clause numbering:
Part Provision consequent on enactment of Electricity
Supply Amendment (Advanced Meters) Act 2016
Amendment of definition of "electrical installation"
(1) Despite the amendments made to the definition of electrical installation by the
Electricity Supply Amendment (Advanced Meters) Act 2016, the installation of
a basic meter (being a type 5 or 6 metering installation referred to in Chapter 7
of the National Electricity Rules) is not an electrical installation for the
purposes of this Act.
(2) This clause ceases to have effect at the end of the interim period (within the
meaning of Part 15 of Schedule 6 to the Electricity Supply Act 1995).
Page 8
Electricity Supply Amendment (Advanced Meters) Bill 2016 [NSW]
Schedule 3 Amendment of Electricity Supply (Safety and Network Management) Regulation 2014
Schedule 3 Amendment of Electricity Supply (Safety and
Network Management) Regulation 2014
[1] Clause 7 Content of safety management system
Omit clause 7 (1) (b) (ii).
[2] Clause 7 (1) (b) (iv)
Insert ", and electrical installations of customers connected to the network operator's
network," after "network operator's network".
[3] Clause 15 Definitions
Omit the definitions of accreditation and contestable service from clause 15 (1).
[4] Clause 16 Persons to be accredited for the provision of contestable services
Omit the clause.
[5] Clause 43 Delegation of functions
Insert at the end of the clause:
(2) The Secretary may delegate any function conferred or imposed on the
Secretary by or under this Regulation (other than this power of delegation) to
any employee of the Department.
Page 9
Electricity Supply Amendment (Advanced Meters) Bill 2016 [NSW]
Schedule 4 Amendment of Electricity Supply (General) Regulation 2014
Schedule 4 Amendment of Electricity Supply (General)
Regulation 2014
[1] Clause 68 Point of supply and distribution systems
Omit the clause.
[2] Clause 70 Prescribed electricity works
Omit the clause.
Page 10
Electricity Supply Amendment (Advanced Meters) Bill 2016 [NSW]
Schedule 5 Amendment of Electricity (Consumer Safety) Regulation 2015
Schedule 5 Amendment of Electricity (Consumer Safety)
Regulation 2015
[1] Chapter 3 Electrical installations
Insert "meters," after "fittings," in the note to the Chapter.
[2] Chapter 3, note
Insert "measuring," after "conveyance,".
[3] Chapter 3, note
Omit "section 4 (4)" from paragraph (a). Insert instead "section 3 (4)".
[4] Chapter 3, note
Omit "(such as by clause 41 of this Regulation)" from paragraph (e).
[5] Clause 32 Standards and requirements for electrical installation work
Omit "or metering arrangements" from clause 32 (2) (b).
[6] Clause 34 Notification of results of safety and compliance tests
Omit "or metering arrangements" from clause 34 (1) (b) (ii).
[7] Clause 34 (1) (d)
Insert after clause 34 (1) (c):
(d) in the case where the electrical installation is connected, or is intended
to be connected, to a distribution system and the electrical installation
includes the installation, alteration or replacement of an electricity
meter--to the Secretary.
[8] Clause 41 Definition of "electrical installation"
Omit the clause.
Page 11
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