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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-10-13 Daily Xml
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STATUTES AMENDMENT (ELECTRICITY AND GAS—INFORMATION MANAGEMENT AND RETAILER OF LAST RESORT) BILL

Second Reading

Adjourned debate on second reading.

(Continued from 22 September 2009. Page 3251.)

The Hon. D.W. RIDGWAY (Leader of the Opposition) (16:45): I rise on behalf of the opposition to speak to this bill and indicate that the opposition will support it. I will make a few comments in relation to that. The origin of this bill is an agreement made by the Ministerial Council on Energy. Members will recall that earlier this year legislation was passed to establish the Australian Energy Market Operator (AEMO). This implemented COAG's 2007 agreement to establish a single, industry-funded national energy market operator.

The energy market operator needs significant industry information to support the intention of this broad and deep analysis of future supply demand scenarios. The earlier legislation empowered the AEMO to issue market information orders and notices in order to gather information to assist it to perform its functions. Protected information provisions were coupled with these new powers.

This bill fixes a couple of the minor anomalies with regard to information management. The previous legislation has made it very difficult for various government agencies to fulfil their obligations with regard to regulating the industry. For example, OCBA licenses electricians and yet the electricity regulator regulates their operations and, therefore, it would be highly possible that OCBA may not have access to the information which it needs to take action in a case where a licensee has breached its regulations.

It is the same scenario for plumbers and gasfitters under the Gas Act. In the name of reducing red tape, it makes sense that OCBA would not have to start an investigation from scratch when the information needed is already available in another agency.

This bill will enable the technical regulator to pass information to the Crown Solicitor's Office, the Commissioner for Consumer Affairs, ESCOSA and the minister. In specified circumstances, the information may also be passed to state, interstate and commonwealth bodies to assist in the administration and enforcement of laws. This is important given the tendency of someone who has malpractised to move interstate and take up business.

The other change that this bill makes is with regard to the retailer of last resort. This scheme ensures that electricity consumers continue to receive electricity supply in circumstances where their electricity retailer can no longer supply. ETSA is that retailer in South Australia and, although the section has not been called upon before, the member for Mackillop in another place stated that the scheme was used in New South Wales in 2007 when a large energy retailer went out of business, and it proved very successful in keeping supply to the consumers. The bill extends ETSA's retailer of last resort role by five years from 2010 to 2015.

The member for Mackillop made some comments about how quickly this legislation has been pushed forward by the government. In fact, he recounted the very short time that we had to consider the bill and that, unfortunately, we did not have much time to consult with stakeholders. The opposition was disappointed with the speed at which this was progressed. However, stakeholders have not been coming to us with any major problems and, therefore, I indicate that, notwithstanding the fact that it was somewhat rushed upon us in the other place, we will support the bill without amendment.

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (16:51): The Hon. Mr Parnell is happy for it to go through. I thank the opposition and the other independent members for their indications of support for this bill and we look forward to its passage.

Bill read a second time and taken through its remaining stages.

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