Electricity Supply Amendment (Offences) Bill 2007

The Hon. PENNY SHARPE (Parliamentary Secretary) [2.41 p.m.], on behalf of the Hon. Ian Macdonald: I move:

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  That this bill be now read a second time.

The Government is pleased to introduce the Electricity Supply Amendment (Offences) Bill. The amendments in the bill strengthen the protection of vital electricity infrastructure in New South Wales. The Government is committed to securing the reliable supply of electricity to the people of New South Wales, and this includes ensuring the protection and security of electricity infrastructure, such as transmission towers, power poles and distribution lines.

There have been several occasions in recent years when young people have been caught climbing on high-voltage transmission towers-an extremely dangerous activity. The gap needs to be addressed in order to protect the safety of individuals and the vital electricity works that deliver the reliable supply of electricity in New South Wales. The bill amends the Electricity Supply Act to create a new offence of entering, climbing, or being on, electricity works. The maximum penalty is a fine of $1,100 and imprisonment for up to three months.

The new offence is designed to deter illegal and dangerous conduct involving electricity works and will apply to electricity works as defined in the Electricity Supply Act to mean any electricity power lines or associated equipment or electricity structures that form part of its transmission or distribution system. This means the prohibition extends from transmission towers to the distribution lines and poles that deliver electricity to residential and commercial buildings. The maximum penalty for the new offence is consistent with the maximum penalty for climbing on, or jumping from, other structures contained in section 8A of the Summary Offences Act.

The new offence does not apply to persons authorised to be on electricity works, such as employees or contractors acting on behalf of the electricity businesses. The proposed offence explicitly states that a person must not enter, climb or be on electricity works unless authorised to do so by the network operator or retail supplier concerned. This ensures that the offence will apply only to those people committing illegal acts without any authority from the owner of the electricity works concerned.

The other object of the bill relates to the theft of electricity. The bill amends section 64 of the Electricity Supply Act to increase the maximum term of imprisonment for the offence of the theft of electricity from two years to five years. It also provides for the offence to be an indictable offence if the offence is committed by an individual. The maximum fine for theft of electricity aligns with the maximum fine for larceny. However, the current maximum term of imprisonment for two years for theft of electricity is significantly below the maximum term of five years imprisonment for larceny. The theft of electricity is no less serious than the theft of tangible goods. For this reason, the bill increases the maximum term of imprisonment for theft of electricity to align it with the penalty for larceny provided for in the Crimes Act.

The increase in the maximum term of imprisonment provided for in this bill will send a clear message to offenders that theft of electricity will be taken no less seriously than theft of tangible goods. Lastly, the bill makes the events of theft of electricity an indictable offence. Chapter 5 of the Criminal Procedure Act will apply to the offence. Chapter 5 of the Criminal Procedure Act provides for the summary disposal of proceedings for indictable offences unless an election to proceed on indictment is made. This approach is consistent with the approach taken for the disposal of larceny offences. I trust honourable members will support the protection of vital electricity infrastructure provided in the bill, which I commend to the House.

The Hon. MATTHEW MASON-COX [2.45 p.m.]: Mr President-

The Hon. Christine Robertson: Nice new suit!

The Hon. MATTHEW MASON-COX: I acknowledge comments from members on the Government side who have nothing better to do than admire my new suit. I note that five Government members are listed to speak in debate on this bill. I am very much looking forward to what they will have to say, given their leanings on the privatisation of electricity assets in New South Wales. I will be very interested indeed.

The Hon. Christine Robertson: How would you know?

The Hon. MATTHEW MASON-COX: I saw the Hon. Mick Veitch marching down the street, and that was most amusing. All Opposition members and I will be watching and listening very carefully when Government members' contributions are made. It will be a wonderful opportunity for mea culpa, and a wonderful opportunity for them to hold their Government to account on the privatisation process.

The object of the debate is the Electricity Supply Amendment (Offences) Bill 2007. At the outset I restate what has said by Opposition members in the other place: the Opposition does not oppose the bill. The objects of the bill are to amend the Electricity Supply Act 1995 to increase the maximum term of imprisonment for the offence of theft of electricity from two years to five years, and to provide for the offence to be an indictable offence if committed by an individual. The bill will create a new offence of entering, climbing or being on electricity works as defined in the Act. These objects are supported by the Opposition.

The security of infrastructure assets involved in the electricity industry is of serious importance. We must ensure that there are no accidents affecting people or property. The Greens propose to move two amendments, the first of which deals with allowing the entering or climbing on electricity structures for the purpose of fixing a placard or paper, as long as a person does not come within two metres of any live electricity wires. I am not sure of the import of the amendment, but the Opposition will oppose it on the grounds of the probability of dangerous activities and the potential to cause serious injuries as a result of dealing with any power poles in such a manner.

It is worth noting that it is illegal to fix placards or paper on electricity poles. At election time we all become frustrated at seeing the Electrical Trades Union and others affixing placards of Labor candidates to poles, but the problem lies in enforcing the provisions that make it illegal to affix papers and placards to poles, and the provisions must be enforced. At times when I am driving down the highway in Eden-Monaro and see the face of Mike Kelly beaming at me, it is a bit scary. I know of people who have been shocked, dismayed and forced to pull to the side of the road after seeing such photographs, so the problem should be addressed. Not for a moment am I reflecting on Labor Party preselection processes and candidates, but it is quite confronting to see their visages plastered all over poles throughout rural New South Wales.

I understand that the practice also occurs in the city, and we would like to see the practice finished. We do not want to see political parties use electricity poles for party political purposes. Electricity poles should be used to supply electricity, the use for which they are intended. Electricity is dear to the hearts of Opposition members, as it is to the hearts of Government members, and I look forward to hearty comments from members opposite about electricity privatisation, which no doubt they will make in this debate. This is a wonderful opportunity for them to put their comments on the record. In summary, the Opposition supports the bill, and we will give consideration to each of the Greens' amendments as they are moved in Committee.

Dr JOHN KAYE [2.50 p.m.]: The Greens support the intent of the bill. Electricity safety is an important objective that needs to be pursued vigorously. The potential for horrendous injury and indeed death to result from contact with electricity is well known, and it is important that we send a strong signal that individuals must not climb on electricity infrastructure. Likewise, electricity theft, which is more common around the world, has resulted in an unacceptably high rate of fatalities and injuries. In a society that is dependent upon electrical infrastructure it is important that we maintain safety as a high priority in all aspects of infrastructure regulation.

I will not take this opportunity to talk about privatisation and its impacts on safety. However, I will raise concerns that the Greens have, particularly about proposed section 65A. We think its intent is good: ensuring that people do not climb on infrastructure, on poles, is a good idea and will increase safety. However, we think that the provision will have unintended consequences, that is, it will create an inequity with regard to access to an important communications channel. The Hon. Matthew Mason-Cox talked about seeing posters of Labor faces on poles. As I said to the member privately, where I live I see posters of Liberal faces on poles. There are probably posters of Nationals faces and Greens faces on poles also; we must be realistic about this. We all use that communications channel as a way of canvassing support for votes.

It is not only political parties represented in this Chamber that use that communications channel. A number of community and social groups communicate with the population by means of placards and papers on poles. The act of placing placards on poles is an important political, community and cultural asset that allows for communications. We are concerned that section 65A will, effectively, discriminate against those who cannot afford to use cherry pickers to place placards and posters on poles. Our logic is this: With a cherry picker one does not need to climb a pole to affix a placard; one can get right next to a pole and, using a nail gun, nail a placard to a pole-which is actually how the Labor mob do it.

However, in the absence of a cherry picker, the only other sensible way of doing it is to use a ladder to climb the pole, but this is deemed a criminal offence under proposed section 65A and would put the offender at risk of a penalty of three months jail. The reality is that proposed section 65A will create an unacceptable level of unfairness with regard to access to communication. People who can afford a cherry picker can communicate via power poles; people who cannot afford a cherry picker either do not communicate or take their chances with a three-month jail sentence. It is simply not fair. No doubt the Government will argue that what we are saying is invalidated by section 65 of the Act, which states:

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  A person must not interfere with a network operator's or retail supplier's electricity works unless authorised to do so by the network operator or the retail supplier concerned.

The point about that and other legal injunctions against using cherry pickers on power poles is that they are ineffective. There is no question that throughout New South Wales, in both rural areas and the city, various groups use cherry pickers for this purpose. I do not think a single party represented in this Parliament has not used a cherry picker at some stage to fix a placard to a pole. I take that back-I am not sure that the Greens use cherry pickers. We use ladders. Section 65 is honoured more in the breach than in the observance; it has not been effectively enforced. That means that we are creating a new barrier with proposed section 65A.

There are only two reasonable avenues to pursue to overcome that barrier to access. The first is to ban entirely the placement of use of political or community notices on poles. Our concern is that, while it would be popular with some sections of the community, it would effectively cut off a major form of cultural, political and social communication-an important and relatively low-cost form of communication. The second avenue, which we will pursue in our amendment, is to create exemptions for the placing of placards and papers on power poles. By creating an exemption with appropriate mechanisms to guarantee fairness, we think we can overcome the unfairness built into proposed section 65A.

The Greens argue that this is an important principle. Allowing groups without access to the money necessary to hire a cherry picker or to access a cherry picker to allow them to have access on equal footing, or as close to equal footing as possible, to those who have money to hire a cherry picker, is an issue of democracy. It is about not creating yet another barrier to groups that operate low-cost campaigns. Our concern is that proposed section 65A is just another step towards the politics of money, towards driving political parties and community groups into requiring more money to conduct campaigns. The Greens will not oppose the bill but we will move an amendment to overcome the unfairness we have identified.

The Hon. CHRISTINE ROBERTSON [2.57 p.m.]: I am pleased to support the Electricity Supply Amendment (Offences) Bill 2007 as it will help to protect our electricity infrastructure and create a new offence of entering, climbing or being on electricity works. Recently a Country Labor parliamentary group visited the Country Energy installation at Parkes, which is one of three installations responsible for training and apprenticeship programs for the State. The issue of occupational health and safety relating to electricity infrastructure was high on the agenda at that installation. Members of the visiting group had to obey every rule at that facility, and were required to sign in and out of when entering and leaving each of its sections. We were given a demonstration of the work Country Energy puts into safety. The visit related to the emphasis put by electricity suppliers-for example Country Energy-on occupational health and safety, and the amendments in this bill are an extension of that emphasis. The new offence will deter offenders from climbing or entering electricity works. This kind of behaviour is not only downright dangerous; it can result in disruption to electricity supply. The Iemma Government is committed to securing the State's energy supplies, which are essential for the State's growth. Let me talk for a moment about the New South Wales Government's excellent-

The Hon. Matthew Mason-Cox: Privatisation process.

The Hon. CHRISTINE ROBERTSON: -GreenPower initiative. Did the Hon. Matthew Mason-Cox read the amendments? I do not think they have anything to do with privatisation.

The Hon. Matthew Mason-Cox: You are talking nonsense, so you might as well continue.

The Hon. CHRISTINE ROBERTSON: GreenPower is a renewable energy source from the sun, wind, water or waste.

The Hon. Matthew Mason-Cox: Point of order: My point of order is relevance. I do not think this has any relevance to the bill before the House.

The PRESIDENT: Order! It is the tradition in this House that debate on bills, provided it is generally relevant, may be wide ranging. In that regard I extend to the Hon. Christine Robertson the same leniency extended to the Hon. Matthew Mason-Cox in his contribution.

The Hon. CHRISTINE ROBERTSON: Under the GreenPower Accreditation Program, GreenPower sales by energy retailers and generators' operations are independently audited to make sure they are meeting the strict accreditation criteria. Customers can be confident that by purchasing GreenPower they are making a real and positive contribution to the environment. At the end of the fourth quarter of 2007, 202,083 customers were opting for environmentally friendly GreenPower in New South Wales, 189,740 of whom were opting for its use in their homes, which represents about 7 per cent of households in the State.

Importantly, New South Wales leads the way in the amount of GreenPower purchased nationally, with preliminary figures for 2007 indicating New South Wales customers represented 34.2per cent of voluntary GreenPower purchases. The number of customers now opting for environmentally friendly GreenPower in New South Wales is nearly three times what it was in December 2006. GreenPower now has approximately 725,000 customers across Australia. The outstanding results in New South Wales can be attributed to the Government's delivery on commitments made in the New South Wales Greenhouse Plan. A key part of the plan was a major community awareness program to promote GreenPower, which began in December 2006, and the introduction in January 2007 of new laws requiring retailers to offer at least 10 per cent accredited renewable energy to new or moving residential customers.

Since its inception in New South Wales, GreenPower has been responsible for cutting greenhouse gas emissions in Australia by approximately 4.7 million tonnes, which is equivalent to removing more than a million cars from our roads for a year. The people of New South Wales have done a fantastic job in saving energy and helping the environment. The bill supports the community's efforts by protecting electricity infrastructure responsible for delivering a safe and secure supply of electricity to people's homes and businesses. I commend the bill to the House.

Reverend the Hon. Dr GORDON MOYES [3.02 p.m.]: The object of the Electricity Supply Amendment (Offences) Bill 2007 is to amend the Electricity Supply Act to strengthen the protection of vital electricity infrastructure. The bill amends the Electricity Supply Act in two important ways. First, it increases the maximum term of imprisonment for the offence of theft of electricity from two to five years and provides for the offence to be an indictable offence committed by an individual. Second, it creates a new offence of entering, climbing or being on electricity infrastructure or works. Furthermore, the bill makes a consequential amendment to the Criminal Procedure Act 1986 to provide for the summary disposal of the offence of electricity.

The September 11 and Bali tragedies have reminded us to improve the critical protection of the State's vital infrastructure. Energy is the lifeblood of our economy, and we must act swiftly to ensure the protection of electricity infrastructure in New South Wales. The proposed amendment ensures the protection and security of electricity infrastructure such as transmission towers, power poles and distribution lines. Security arrangements must be in place to minimise the chance of any unexpected impact on infrastructure. In recent years and on several occasions, young persons have been caught climbing on high-voltage transmission towers. That extremely dangerous activity has led to quite a number of deaths. Although anti-climbing barriers on some transmission towers have been erected to reduce the incidence of serious fatalities, it is necessary to restrict unauthorised climbing on high-voltage transmission towers.

Currently, no criminal offence exists in New South Wales that prohibits a person from climbing on, or just being on, electricity works. Therefore, that gaps needs to be closed to protect the safety of individuals and the vital electricity works that deliver the reliable supply of electricity in New South Wales. The bill amends the Electricity Supply Act to create a new offence for those who enter, climb, or be on a network operator's or retail supplier's electricity works unless authorised to do so by the network operator or retail supplier concerned. The maximum penalty is a $1,100 fine and imprisonment for up to three months. The new penalties will deter illegal and dangerous conduct involving electricity works, and protect the integrity of the electricity grid.

The maximum penalty is applicable to electricity works as defined in the Electricity Supply Act. The maximum penalty applies to any electricity power lines or associated equipment, or electricity structures that form part of a transmission or distribution system. It is in the best interests of the community that the prohibition extends from transmission towers to distribution lines and poles that deliver electricity to residential and commercial buildings. Honourable members will note that those who were allowed to do that were the people who had the support of the electricity grid suppliers. Therefore, workers or retail suppliers' electrical work maintenance people are authorised to do so by the network operator or the retail supplier concerned.

In reality that allows certain people access but not others, that is, union members who erect political posters but not others such as non-union members. The greatest offenders in affixing placards are members of unions who work for electricity supply companies because only people with cherry pickers and other facilities can erect with the agreement of the electricity supply companies. It provides a disproportionate opportunity for people supporting one political party over other political parties. This means, for example, that the Australian Labor Party has access to high poles to which other parties do not have access. In my local area, for example, posters for the last Federal election are still in place because none of the workers who put them up have removed them. In the United States of America political parties are constricted to ground level placement-which certainly prevents the visual pollution we see in Australia. Political placard placements are not allowed on poles, overpasses, bridges et cetera.

The new offence does not apply to authorised persons such as employees or contractors acting on behalf of electricity businesses, who then privately add their own political thoughts and support to posters. This ensures, however, that the offence will apply only to people of other political parties who could be charged with committing illegal acts because they do not have authority from the owner of the electricity works concerned. The other object of the bill concerns the theft of electricity. The bill amends section 64 of the Electricity Supply Act to increase the maximum penalty for the offence of theft of electricity from two years to five years imprisonment to align with the maximum penalty for larceny of tangible goods.

The increase in the maximum penalty aligns the penalty for theft of electricity with the penalty for larceny contained in the Crimes Act. That approach is consistent with other jurisdictions such as Victoria and Tasmania. The increase in the maximum term of imprisonment provided for in the bill sends a clear message to offenders that theft of electricity will be taken no less seriously than theft of tangible goods. Electric power systems constitute the fundamental infrastructure of modern society. A successful terrorist attempt to disrupt electricity supplies or an attack on the electricity grid could have devastating effects on national security, the economy, and every citizen's life. I thank the Government for introducing the Electricity Supply Amendment (Offences) Bill 2007, which I commend, in general, to the House. However, I will support some of the amendments.

The Hon. TONY CATANZARITI [3.10 p.m.]: I support the Electricity Supply Amendment (Offences) Bill, which creates a new offence of entering, climbing or being on electricity works. Electricity works include power poles, electricity wires and transmission towers. I bring to the attention of honourable members' a matter I know they all have a strong interest in: placing advertising material on electricity infrastructure. Power poles are commonly used to display advertising, signage and posters, ranging from bill posters and election material to street signs and cameras. Anybody who wishes to place a poster or sign on a power pole is required to seek the consent of the owner of the pole, the network operators EnergyAustralia, Integral Energy and Country Energy. If the consent of the owner of the power poles is not obtained, the owner may remove the sign or poster from their property. That was the case before this bill was introduced and it will continue to be the case when the bill becomes law.

Once the bill is enacted, individuals will face the possibility of criminal prosecution if they climb on power poles without the consent of the owner. In other words, the rules for placing material on power poles remain the same; it is the sanction for non-compliance with the rules that will change. Climbing on power poles is an extremely dangerous activity, particularly if it is done covertly or in darkness. That is why it is necessary to extend criminal sanctions to individuals who choose to climb on power poles without consent. Network operators have policies on the manner in which material may be attached to power poles. These policies are designed to ensure that material is attached to power poles in a safe manner that does not interfere with the reliability of electricity supply.

The Hon. Rick Colless: Are you sure about that?

The Hon. TONY CATANZARITI: We have a couple of cherry pickers for where I put my posters. The proposed offence does not apply to persons authorised to be on electricity works, such as employees or contractors acting on behalf of the network operator. Therefore, these changes, although small, are significant and I commend the bill to the House.

Reverend the Hon. FRED NILE [3.12 p.m.]: I support the Electricity Supply Amendment (Offences) Bill. The aim of the bill is to amend the Electricity Supply Act 1995 to strengthen the protection of vital electricity infrastructure. Electricity supply is very important and the bill will help to ensure its reliable supply to the people of New South Wales. It is important that every part of our society, whether in our cities, towns, villages or farms, has reliable access to electricity. It is now part of modern society and we cannot function without the guarantee of continuous supply of electrical power. I am pleased to support the bill.

We must also ensure safety of our electrical infrastructure because we know that in the past children and teenagers who have climbed over fences into an isolated electrical power station that is not encased in a building but simply surrounded with a fence, have died or have been seriously injured. It is important to guarantee that each location is safe and that is why we support the provision in the bill that creates a new criminal offence of entering, climbing or being on electrical works with a maximum penalty of a $1,000 fine and/or three months imprisonment.

It is also important, in the face of the continuous threat of terrorism, to make the law stronger to prevent people from entering these places. We know that in other countries it has been very easy to disable a society by damaging towers or power lines with an explosive and to do that at a certain time so as to cause maximum disruption to society. That is an added threat to a reliable source of power.

The bill also increases the maximum penalty for theft from two years imprisonment to five years to align it with the maximum penalty for larceny of tangible goods. The increase in the maximum penalty aligns the penalty for theft of electricity with the penalty for larceny contained in the Crimes Act. This means that our legislation will be consistent with that of other States such as Victoria and Tasmania. Other States have also tightened their legislation to deal with unlawful entering, climbing or being on electrical works. I refer to States such as Queensland, South Australia and Tasmania, and to the Australian Capital Territory.

Finally, the Greens amendments have raised political campaign posters being put on electricity poles, which are still to be found in most suburbs although some powerlines are now being put underground. Certainly in older suburbs we still have all the power poles along each side of the road. I would prefer that the legislation prevented campaign posters being put on poles, full stop. In the past I have written to Integral Energy and others who own the poles asking for permission to put campaign posters on their poles. They have replied that it is not their responsibility, and they cannot and will not give permission. They say it is a local council responsibility to enforce any law relating to displaying campaign posters. It is still very much a grey area as to who has the say. It seems the councils also are reluctant to take action against people putting up campaign posters. I would support campaign posters not being put on poles at all. The Christian Democratic Party supports the bill.

The Hon. HELEN WESTWOOD [3.17 p.m.]: I support the Electricity Supply Amendment (Offences) Bill 2007. The Government is seeking Parliament's support for an Act that will amend the Electricity Supply Act and the Criminal Procedure Act to strengthen provisions to deter people from unlawfully entering, climbing or being on electricity works, or stealing electricity. The bill will increase the existing maximum penalty for theft of electricity from two years to five years, and if that offence is committed by an individual the offence will be indictable. The bill will also create a new offence of entering, climbing or being on electricity works. Fortunately, electricity theft is not an everyday problem that our electricity networks need to deal with, but it is a very serious offence. The illegal production of illicit substances can require significant amounts of electricity and if this electricity were consumed legally it would lead to very large bills. As such illegal activity can often occur in residential premises-we have all seen reports of this in the media-the electricity companies can investigate what appears to be abnormally high electricity consumption.

Such investigations can be a valuable tool for the police in gaining intelligence on suspected illegal activity. It is not rocket science to say that to avoid potential threats to their operations criminals can steal electricity from networks by bypassing electricity meters and running connections directly to their premises. Regretfully, we have seen many reports in the media of this occurring in suburban areas. Electricity companies are paying for infrastructure to support electricity demand, even though it is to support illegal activity, and they are unable to recover their costs from those stealing electricity as they do from law-abiding customers.

Accordingly, the proposal is to increase the penalty for stealing electricity from a maximum of two years imprisonment to five years. This offence is for those who deliberately seek to minimise their electricity bills by bypassing their meter and drawing power directly from the low-voltage network; it does not apply to consumers who are unable to pay their electricity bill. The Government has a range of support mechanisms for those who, due to temporary financial difficulties, are unable to pay their accounts in full. In fact, the Government provides $30 emergency assistance vouchers through community welfare organisations to assist people in these very difficult circumstances. Last year the Government imposed tough licence conditions on all retailers in New South Wales requiring them to implement hardship policies and offer payment plans for customers before any action to disconnect for non-payment of a bill is begun. The proposed increased penalty is designed to be a further deterrent to those who seek to steal electricity, whether it is to support illegal activity or not.

The second component of the bill is designed to strengthen the protection of vital electricity infrastructure in New South Wales. Unfortunately, irresponsible people force entry to, and vandalise and interfere with the operations of the State's electricity networks, thus reducing reliability and imposing costs on the community. Entering electricity substations or climbing on power poles or towers, whether they are high or low voltage, is an extremely dangerous activity. As honourable members will be aware, electricity can be deadly if due care is not taken. Contact with wires, transformers and other high-voltage equipment can cause death or serious injury instantly. As Reverend the Hon. Fred Nile said, we have seen reports of that in the media. We must do whatever we can to deter this. Electricity distributors are required to have in place a public electrical safety awareness plan to identify key public safety issues associated with operating an electricity network and strategies for managing those issues. These strategies include running programs to educate children and young people on electricity safety, and ensuring the safety of emergency services personnel and other workers using heavy equipment, plant and machinery near powerlines.

Through this bill the Government is supporting improved network reliability and safety with strong laws to protect electricity infrastructure. Once this bill is passed, people charged with tampering with or entering electricity works will risk spending up to three months behind bars. These measures will deter illegal and dangerous conduct, thus protecting the safety of individuals and the security of electricity works that deliver reliable supply of electricity in New South Wales. I commend the bill to the House.

The Hon. ROBERT BROWN [3.23 p.m.]: I support of the Electricity Supply Amendment (Offences) Bill. However, like Reverend the Hon. Dr Gordon Moyes, we will have a close look at the Green's amendment. The purpose of the bill is to amend the Electricity Supply Act 1995 to strengthen the protection of vital electricity infrastructure. There are two aspects to it: The theft of electricity and the public safety aspect, trying to deter people from entering, climbing or being on electricity works. The theft of electricity is probably not a widespread practice, although I do not have any figures to support that. We would never see much in the news about it, except when it is accompanied by news of the bust of a marijuana-growing facility-

The Hon. Michael Veitch: And they would not be members of the Shooters Party.

The Hon. ROBERT BROWN: No, they certainly would not. In fact they do not like us being in the forests because we find their little plantations. We would support anything that would make the theft of electricity a more serious matter by increasing penalties and perhaps imposing a term of imprisonment. The issue that concerns us more is public safety. My colleague the Hon. Roy Smith and I have worked in the industry. The Hon. Roy Smith was an electrical contractor for more than 20 years and the early part of my career involved working in heavy industrial environments with medium- and high-voltage electricity supply being part of the infrastructure. It is interesting to note that, generally speaking, governments support industrial safety in an industrial environment, and that is to be lauded. I do not know whether anybody in the House has seen somebody hit by 11,000 volts. It is not a very pretty sight. I have seen it. A person copped a splash from the high-voltage side of a transformer. It seems to be a given that we should extend the standard of industrial safety into the public arena. Obviously one of the areas of concern is the proliferation of at least medium-voltage cables through our streets within relatively easy reach of persons who may want to use the telegraph poles, such as people who want to nail up their election posters.

The Hon. Michael Veitch: Or take them down.

The Hon. ROBERT BROWN: Or take them down. I have seen election posters among cable bundles. In other words, a person must have had to go above the level of the lowest cables to affix the poster. In a lot of cases they appeared to be union placed posters, but I have also seen some Green ones. The practice of anybody climbing that high on a normal telegraph pole is fraught with danger. You really only have to travel around the more leafy suburbs to see hanging off wires possums and flying foxes that have been electrocuted.

The Shooters Party would support strengthening the bill, as was suggested by Reverend the Hon. Fred Nile, to ban all forms of posting on power poles because it would probably guarantee that only properly trained and equipped persons would be there: contractors or transmission workers in cherry pickers or, as they did in earlier times, climbing with climbing spikes on and heavily protected. They used to be earthed, these days they are isolated, but these people are equipped and they know what they are doing.

On the question of protecting vital electricity infrastructure from things such as terrorist acts, I do not see that the two amendments to the bill would necessarily do too much to deter a terrorist. The problem of kids or persons getting into and onto high-voltage towers is very worrying. The towers are not only deadly once you get up to the cable cluster; they are not meant for climbing or playing around on. Nor are they meant to be used as protest towers. I recall being appalled at seeing Green protesters on the roof of a power station.

Dr John Kaye: Greenpeace.

The Hon. ROBERT BROWN: My apologies, Greenpeace.

Dr John Kaye: And it was not a high-voltage power line.

The Hon. ROBERT BROWN: No, but they were on the roof of a power station and below them was the major transformer station. I believe that these sorts of activities must be discouraged by any means. A question for debate is whether or not the extent of the penalties that are included in the bill is sufficient. The Legislation Review Committee, which examined this legislation, found that the proposed maximum penalties were consistent or were in line with current maximum penalties for the offence of larceny, that is, the stealing of electricity, and the offences of climbing on or jumping from other structures, in section 8A of the Summary Offences Act. Climbing on, jumping from or using electricity infrastructure to display posters obviously are more dangerous activities, so perhaps the penalties for those offences could have been slightly higher. However, one has to go with the Government's recommendations on that issue. As I said earlier, the Shooters Party supports the bill, congratulates the Government on taking some public safety measures, and awaits debate on the Greens amendments with interest.

The Hon. MICHAEL VEITCH [3.31 p.m.]: I support the Electricity Supply Amendment (Offences) Bill 2007, which strengthens criminal offences relating to electricity. Importantly, the bill also aligns the maximum penalty for the theft of electricity with the maximum penalty for the theft of tangible goods. There is no reason why the penalty for the theft of electricity should be any less than the penalty for the theft of tangible goods. Electricity is a valuable resource. Individuals, households, communities and businesses need a secure and reliable supply of electricity each and every day. Our households, communities and businesses also need a secure and reliable supply of electricity for the future.

The Hon. Matthew Mason-Cox: Will privatisation give us that?

The Hon. MICHAEL VEITCH: I am certain we will find out at some stage what are the member's views on privatisation. Security and reliability of supply are not enough to ensure economic security and prosperity. We must consider the impact of climate change and the very real challenges it presents for our communities. Climate change represents a significant challenge to the capacity of modern economies to embrace economic growth as they have done in the past. The task of getting serious about climate change can seem insurmountable, but one of the most immediate things we can do is increase the efficiency of use of our current electricity supplies.

The New South Wales Government recognises that we need cost-effective energy efficiency measures to reduce the energy we need to do our day-to-day business. Energy efficiency measures must be implemented everywhere-in homes, schools, businesses and government operations across New South Wales. I am proud of this Government's active energy efficiency program. I would like to put on the record some of the initiatives that this Government is implementing. The New South Wales energy efficiency strategy includes an energy efficient audit and refit program for households to help low income earners improve the energy efficiency of their homes.

The Hon. Matthew Mason-Cox: It is a good program.

The Hon. MICHAEL VEITCH: It is a great program. The Government requires the top 200 energy users in the State to implement cost effective energy savings measures. It has brought forward the rollout of smart meters, time-of-use pricing, and an education program to teach consumers how to use those meters. There are energy efficiency audits for small and medium businesses and the Government is working with industry and the Commonwealth cost-effectively to phase out inefficient electric water heaters in favour of solar, gas and efficient heat pump alternatives. The Government is also looking towards its own infrastructure and improving its energy efficiency performance through energy savings projects across government buildings, hospitals and schools.

The Government is appointing an energy coordinator who will review best practice energy efficiency for major infrastructure projects and assist commercially feasible energy generation projects, in particular, renewable and low-emission proposals. The Government's world-leading New South Wales Greenhouse Gas Reduction Scheme has also been very successful in improving energy efficiency through its focus and promotion of demand side abatement activities. Many joint Commonwealth-State activities are also under way. New South Wales supports a national energy efficiency trading scheme. The Government will consult with the Commonwealth to explore the potential for and probability of a national scheme through the Council for Australian Governments.

A national energy efficiency trading scheme would complement the introduction of a national emissions trading scheme, towards which the Commonwealth is currently working. However, while a harmonised national efficiency trading scheme clearly would be preferred, the Government is also evaluating the case for the development of a New South Wales energy efficiency trading scheme. Both the Victorian and South Australian governments have announced that they will introduce energy efficiency target schemes in 2009. New South Wales is also an active participant in the national framework for energy efficiency of the Ministerial Council on Energy.

Stage one of the national framework for energy efficiency developed and implemented energy efficiency packages in areas such as residential and commercial buildings, government sector appliances and equipment, trade and professional training and accreditation, commercial and industrial sectors, and general consumer capacity building. Following the success of stage one a suite of stage two measures will be implemented from 2008-09, which include: expanding and enhancing the minimum energy performance standards for appliances and equipment, an inefficient lighting phase-out strategy, government leadership on commercial building efficiency through green leases, a heating, ventilation, air-conditioning, high efficiency systems strategy for commercial buildings, and development of measures for a national hot water strategy.

Key elements include minimum energy performance standards and energy labelling activities. Minimum energy performance standards are designed to keep the worst performing electrical appliances and equipment out of the Australian market, while labelling complements the standards by providing consumers with information about the relative energy performance of household appliances. Products that are required to meet minimum energy performance standards are refrigerators and freezers, mains pressure electorate storage water heaters, low pressure and heat exchange water heaters, three-phase electric motors, single and three-phase air-conditioners, linear fluorescent lamps and ballasts for linear fluorescent lamps, distribution transformers and refrigerated display cabinets.

Products that are proposed for regulation in the future, subject to normal regulatory impact assessment processes approval by the Ministerial Council on Energy, include external power supplies, televisions, set-top boxes, home entertainment products such as audio and video equipment, boiling and chilled water dispensers, vending machines, commercial icemakers, a range of lamp types, and commercial chillers. All these measures will assist to improve efficiency and our greenhouse gas challenge right now. These important measures will ensure ongoing prosperity and a safe and reliable electricity supply for the people of New South Wales. I commend the bill to the House.

The Hon. PENNY SHARPE (Parliamentary Secretary) [3.38 p.m.], in reply: I thank all members for their contributions to debate on the Electricity Supply Amendment (Offences) Bill 2007 and note that it has reasonably broad support. Obviously the bill creates a new criminal offence that is designed to better protect electricity works from highly dangerous behaviour such as climbing on transmission towers. I note in particular the contribution of the Hon. Robert Brown who has some direct experience in these matters. I do not think that some of the Greens proposed amendments take into account the danger posed to those who climb up and down poles all around the State. The Minister has committed to calling on network operators and getting them together to review existing policies on authorising the placing of material on power poles.

This will include election material and community announcements used by local interest groups. This review will take place before the amendments take effect. The aim of the review is to develop consistent policies about the circumstances in which posters and placards may be affixed safely to power poles. If a political party wants to reduce the costs of hiring a cherry picker to place advertising on power poles, it simply needs to obtain the consent of the power pole owner to use a ladder. This bill does not create unfairness or inequities. It simply aims to protect the public from dangerous activity. I shall deal with the amendments in detail in Committee.