Media release 22nd February 2012 – Are Victorians being misled with the smart meter “mandate”?

Are Victorians being misled with the smart meter “mandate”?

Victorians are continually being informed that it is mandatory to
accept the installation of smart meters; that by refusing installation
one is breaking the law.

Stop Smart Meters Australia members have received written notification
that the alleged mandate for compulsory installation is based on an
Order of Council that does not pertain to electricity consumers – it
is a directive to power distributors. Victorian Government Gazette
S200, dated 28th August 2007, Para 14.1, states; “Each distributor
must use its best endeavours to install a remotely read interval
meter….”

Ms Di Bell, spokesperson for Stop Smart Meters Australia, said “The
Order in Council does not state that a customer has to accept a smart
meter. Therefore, the question arises, if residents have totally
refused to have a smart meter installed, have the power distributors
used their “best endeavours” and that’s the end of it? Or do they
purport to have the right to use bullying tactics to force
installation?”

According to this Order in Council, it is clear that there is no
legislative provision that imposes smart meters on customers.
Therefore, there is no lawful obligation for consumers to accept the
installation of smart meters.

“If this is the case, then any customer who has had a smart meter
installed against their will, and been provided with misleading
information, must surely have the right to demand its removal” says Ms
Bell.

www.stopsmartmeters.com.au has comments from average Australians with
real concerns with the installation of smart meters in Victoria.

Please release this to all Victorians through your media, they deserve to know.

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9 Responses to Media release 22nd February 2012 – Are Victorians being misled with the smart meter “mandate”?

  1. Sophie Meneguzzi says:

    Go Solar and get off the Grid. That way you will have clean energy.:)

  2. KWJ says:

    I’ve tried to find legislation that mandates this install and came across something very interesting.
    National Electricity (Victoria) Act 2005
    No. 8 of 2005
    “16B Disapplication of national smart meter rollout provisions.
    Despite section 6—
    (a) Part 8A of the NEL does not apply as a law
    of Victoria; and
    (b) any Rule made for the purposes of that Part
    does not have the force of law in Victoria”
    Seems there is no force of law behind the smart meter rollout provisions.
    FWIW

  3. Anonymous says:

    The real test of the “right to refuse” is that of the legislation versus an Order of Council. If there is a Section of a statute that specifically states that the consumer must have a smart meter installed then that is it. Refuse and you break the law. if however the order of Council only applies to the distributor and instructs the distributor to make all “reasonable” efforts to install, then it would appear that only a class action against these companies will stop them. If it goes to a class action the we (the claimants) may have to rely on Lord Atkins famous “duty of care” judgement. Thanks to Wikipedia for the following quote. ~~Generally, a duty of care arises where one individual or group undertakes an activity which could reasonably harm another, either physically, mentally, or economically. This includes common activities such as driving (where physical injury may occur), as well as specialised activities such as dispensing reliant economic advice (where economic loss may occur). Where an individual has not created a situation which may cause harm, no duty of care exists to warn others of dangerous situations or prevent harm occurring to them; such acts are known as pure omissions, and liability may only arise where a prior special relationship exists to necessitate them.~~ Note that the judgement does include economically and it would appear the the distributors CANNOT rely on the”has not created a situation that may cause harm” argument having already established a “special relationship” with us the consumer and knowing that the situation has already caused harm.

    • Amie says:

      Council is not lawful under the constitution, therefore they have no say whatsoever. That is why they were calling for a referendum to recognise council under the constitution.

  4. Brook Acklom says:

    Can Stopsmartmeters obtain a legal opinion on this matter?

  5. n/a says:

    read the DPI website – it is MANDATED by the Government for a distributor to install one

    • Anonymous says:

      The mandate for the utilities is only to use their best efforts to install, not their worst efforts, such as the recent ‘break and enter’.
      Government “mandates” can only come from the people, e.g. if elected on a platform to carry out controversial legislation. The people of Victoria have not given the Victorian government a mandate to install smart meters, therefore the government “mandate” is bogus.
      If it were the case that the utilities have the right to install smart meters, then our right to protect our health, and that of our families’ health, SUPERSEDES their right to install smart meters.

    • Di says:

      Why don’t you go one further and read the Government records. It is mandated for the Distributor to use their “best endeavours” to install one. AND it doesn’t say anything about US having to accept one. So far as I am concerned they have used their “best endeavours” on me by sending me all their propaganda replies, and my own research tells me I will not be having one. I have also researched how the so called “mandate” came about too, this process is also questionable????

  6. Joe M says:

    THE TRUTH ALWAYS FINDS ITS WAY OUT!!!!!!!!!!

    Thankyou stopsmartmeters.com.au

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