Friday, 25 July 2014

Your right to choose kind of meter and how to defend it.

Avoiding Smart Meter’s in Victoria
(A Manual of facts to help you)
The aim of this web page is to provide you with some little known facts to assist you in your fight to protect your health, privacy and democratic right to say ‘NO’. It has been compiled from personal experience and many hours of research.
One of the main differences between totalitarian and democratic countries is the right to choose.
It is a shame Victorian electricity distributors and Energy and Water Ombudsman are not aware of it.
1. By law, Australians are allowed to have a choice of whether to keep their ‘old analogue’ electrical meter.


6.1 Obligation to provide

(aa) This clause 6.1 is subject to the minimum standard of metering equipment being smart meter following the initial installation of smart meter at a customer’s premises.
So if you got Smart meter you can change it for... ANOTHER Smart meter.
But, clauses (b) and (d) make it very clear that you can request a different type of meter to that quoted in 6.1 and 6.2!

(b) Subject to clauses 6.1(c) and 6.2, if a customer requests a distributor or a retailer to install a type of metering equipment which is different from the type the distributor or the retailer (whichever is responsible for providing the metering services) otherwise would install in accordance with the NER or the Metrology Procedure, the customer must bear any costs incurred by the distributor or the retailer (as the case may be) installing that new metering equipment in excess of those which the distributor or the retailer would have incurred in installing the other type of new metering equipment.

(d) Where a customer requests a distributor or a retailer (whichever is responsible for providing the metering services) to install interval metering equipment in accordance with the NER or the Metrology Procedure, the distributor or the retailer (as the case may be) must use its reasonable endeavours to install that type of metering equipment within 20 business days of receiving a written request to do so from the customer.

It sounds for me you are allowed to have ANY time of electrical meter as long as it can do the job.
2. If you are told that Smart meters are mandated/standard/compulsory please read my post with heading "Terms mandated, compulsory, standard – do all they have the same meaning?".
3. My home - my castle strategy.
You locked your meter box, installed sign «No Smart meter», "no trespassing". You already sent away contractor from distributor and told him loud and clear "I do NOT want Smart meter". You phoned and sent letter to your distributor with same information.
What does it mean from point of view law?
Summary Offences Act 1966 Victoria No. 7405 of 1966 Version incorporating amendments as at 16 July 2012 Section 9:
(a) the person enters that place after having been previously warned not to enter (you already send away contractor previously) by the owner or  occupier or a person authorised to give such a warning on behalf of the owner or occupier; or
(c) the person enters that place in breach of a prominently displayed sign erected at that place by the owner or occupier or a person authorised to erect such a sign on behalf of the owner or occupier stating that—
(ii) persons engaging in that place in the type of activity in which the person concerned is proposing to engage in that place are prohibited from entering that place (No Smart Meter sign) —and the person has no other lawful excuse for entering that place.
Other hand there is also ELECTRICITY DISTRIBUTION CODE 2011 which tells about Distributor right to trespass:

3.3.2 Provided official identification is produced by the distributor’s representatives on request, a customer must provide to the distributor’s representatives at all times convenient and unhindered access:
(a) to the distributor’s equipment for any purposes associated with the supply, metering or billing of electricity; and
(b) to the customer’s electrical installation...
Does it mean contractor allowed install Smart meter against your wishes? Does "the best endeavours" enough strong term to allow commit crime of trespassing?
This issue is waiting for court challenge. I do not have any information about any cases about this topic or their results.
(1)  So far as it is possible to do so consistently with their purpose, all statutory provisions must be interpreted in a way that is compatible with human rights.

Because installation Smart meters has a lot of to do with Equal Opportunity Act and Charter of Human Rights there is a chance that court may rule in favour of owner of the property and distributor/contractor will be punished for trespassing.

If you go to court Charter of Human Rights Victoria may be handy:1 Purpose and citation
(1) This Act may be referred to as the Charter of Human Rights and Responsibilities and is so referred to in this Act.
(2) The main purpose of this Charter is to protect and promote human rights by—
(a) setting out the human rights that Parliament specifically seeks to protect and promote; and
(b) ensuring that all statutory provisions, whenever enacted, are interpreted so far as is possible in a way that is compatible with human rights;
(it never happened with any Advanced Metering Infrastructure document).
4. One day you found the lock cut off and Smart meter installed?
You should contact the police ASAP. The crime happened: your property was deliberatly destroied, someone trespassed your land.
And not to be shy, contact local mass-media, sent message to me, post on
You will find support and people who did it will have problems.
Not allow police or court drop this matter.
It is a State offence to wilfully trespass in any place and neglect or refuse to leave that place after being warned to do so by the owner, occupier or a person authorised by the owner or occupier (section 9(1)(d)  Summary Offences Act  1966 (Vic) ). The maximum penalty is $2500 or six months' jail, although the penalty is usually a small fine. However, every case is different so you should seek legal advice about the penalty you may face.

If you enter onto another person's land without their permission, you will be trespassing. If you deliberately or carelessly do something that directly causes interference with someone else's land, a trespass is committed. Trespass is a civil wrong, and you can be sued for doing it. The most common example of trespassing is when you go onto someone's land without their permission. 

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