Unlawfully diverting or using electricity dishonestly or without authority, under section 85 of the Electricity Act 1996 (SA), is a criminal offence. This includes abstracting or diverting electricity from a power system, or interfering with a meter or other device used to measure the consumption of electricity supplied by an electricity entity.
DRUG DEFENCE LAWYERS IN SOUTH AUSTRALIA
Accused or charged with diverting electricity?
Get legal advice from specialist lawyers who know how to fight diverting electricity charges.
Diverting Electricity Key Facts
| Offence | Unlawfully diverting or using electricity dishonestly or without authority, often linked to offences like the cultivation of cannabis. |
| Maximum Penalty | Maximum penalty under Section 85 of the Electricity Act (SA) is up $20,000 or 2 years imprisonment. |
| Typical Sentence | Sentences vary; can include fines or imprisonment, depending on the scale of the diversion and any linked offences (e.g. cultivating cannabis for sale). |
| Which Court? | Usually heard in the Magistrates Court for minor diversions; more serious or large-scale diversions can be referred to the District Court. |
| Process Timeline | Police Investigation → Evidence Gathering (e.g. illegal bypass of meter) → Arrest → Police Interview → Bail Consideration → Court Hearing → Sentencing if guilty. (Average: 9 months) |
| Possible Defences | 1. You Did Not Intend To Divert Electricity - If it can be shown that you had no intention of diverting electricity, and it had been diverted as a result of some inadvertent act, then you may have a defence to this charge. 2. No Electricity Had Been Diverted - Without evidence to show that electricity has, in fact, been diverted, you will have a defence to this charge. |
| What The Prosecution Must Prove | - Electricity was being diverted; and - You had the intention of diverting electricity. |
Diverting Electricity Scenarios
Below are examples of how diverting electricity may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A homeowner unknowingly installed solar wiring that bypassed the electricity meter. No significant diversion occurred, and it was corrected once identified.
What to expect:
Charged with a low-level breach. Received a $1,200 fine without conviction.
Mid-Level Offence
Scenario:
A resident was found to have tampered with their electricity meter to reduce recorded usage. The alteration led to moderate undercharging over 6 months.
What to expect:
Fined $5,000 and ordered to repay lost electricity costs. No jail time, but conviction was recorded due to clear evidence of intent.
High-Level Offence
Scenario:
A shed used for hydroponic cannabis cultivation was found to have an illegal power supply routed from the main grid, bypassing all metering.
What to expect:
Convicted of aggravated diversion. Sentenced to 12 months imprisonment suspended and fined $10,000. Court ordered full repayment to the electricity provider.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
Our Results For Similar Offences
To view our past case results, please click the links below:
Possession of 200g of Cannabis
Possession of 12 Cannabis Plants
Significant Amendments to the Criminal Asset Confiscation Legislation
Cultivation of 17 Cannabis Plants
Possession of 4 Cannabis Plants
Diverting Electricity FAQ’s
If you need more information about diverting electricity in South Australia, these FAQs answer the most common questions.
Is it illegal to divert electricity in South Australia?
Yes. Under section 85 of the Electricity Act 1996 (SA), it is an offence to divert or abstract electricity from a power system without proper authority. It is also illegal to interfere with electricity meters or measuring devices.
What is the penalty for diverting electricity in South Australia?
The maximum penalty for unlawfully diverting electricity is a $20,000 fine or 2 years’ imprisonment, or both. This applies whether you directly diverted the electricity or interfered with the equipment used to measure usage.
What does 'diverting electricity' mean under South Australian law?
Diverting electricity includes any unauthorised redirection of electricity flow from the power system. This can involve using illegal wiring, bypassing the meter, or tapping into a power supply not connected to your property.
Is it illegal to interfere with an electricity meter?
Yes. Tampering with, bypassing, or modifying an electricity meter is a criminal offence under section 85 of the Electricity Act 1996 (SA), even if you do not directly divert the electricity. This includes actions that impact the measurement of electricity usage.
Can I be charged if I didn’t actually use the diverted electricity?
Yes. The offence focuses on the act of diverting or interfering, not necessarily whether electricity was ultimately used. If a device was installed or tampered with for the apparent purpose of diversion, you can still be charged.
Can landlords be liable if tenants divert electricity?
If the landlord is the occupier or property owner and is shown to have knowledge or involvement in the diversion (or meter tampering), they may be held criminally responsible. However, liability depends on intent and knowledge.
What must the prosecution prove in a diverting electricity case?
To secure a conviction, the prosecution must prove that:
- Electricity was diverted or a meter was interfered with, and
- You acted without proper authority, and
- You intended the act or were reckless about the outcome.
In some cases, intent is presumed if a diversion device is found on your property unless you can prove otherwise.
Can I go to jail for electricity theft in South Australia?
Yes. Courts may impose up to 2 years of imprisonment for unauthorised diversion or tampering. While first-time offenders may receive fines or good behaviour bonds, repeated or commercial-scale theft is more likely to result in jail time.
What is 'interference with electrical infrastructure'?
This refers to any unauthorised tampering with components like meters, wiring, fuses, or connectors that are part of the power system. Under section 69 of the Electricity Act, authorised officers can inspect, test, and even confiscate equipment as evidence of interference.
What are authorised officers allowed to do during an investigation?
Under section 69 of the Electricity Act 1996 (SA), authorised officers may:
- Inspect and test meters or wiring
- Search premises
- Seize objects used to divert electricity
- Take photos or request identity documents
- Require people to attend interviews
Refusing to cooperate can result in a $20,000 fine.
Can electricity companies recover losses from diversion?
Yes. If found guilty, electricity providers can apply to the court to recover compensation for lost electricity or equipment damage caused by the illegal diversion or meter tampering.
Can I be charged if I didn’t install the device myself?
Yes. If the device was on your property and intended for diversion, it may be presumed you were responsible unless you provide proof to the contrary [section 85(3)]. This could include evidence of third-party installation or lack of access.
Is it an offence to extend a power line beyond my property?
Yes. Under section 85(2), you must not install or maintain a power line that extends beyond your property boundaries unless:
- You are an electricity entity, or
- You have written approval from one.
Doing so can result in a $10,000 fine.
What are possible defences to a diverting electricity charge?
Some recognised defences include:
- No electricity was diverted or tampering did not occur
- Lack of intent (e.g., inadvertent installation or unintentional damage)
- You were not the occupier or did not authorise the diversion
- Someone else interfered without your knowledge
Which court handles electricity diversion offences in South Australia?
These matters are heard in the Magistrates Court of South Australia. Serious cases involving aggravating circumstances may attract higher scrutiny or be committed to higher courts for sentencing.
What are real-life examples of electricity theft in South Australia?
Electricity theft can take many forms. Common examples include:
- Bypassing a smart meter to reduce reported power usage
- Running a power line to another property or shed without approval
- Illegal grow house setups, where tampered wiring is used to avoid detection or billing
Each of these actions is illegal under the Electricity Act 1996 (SA), and can result in prosecution, fines, or even jail time.
South Australia’s Leading Drug Defence Lawyers
What Our Clients Say
We have defended thousands of criminal cases over many decades and we constantly achieve outstanding results for our clients.
KNOW YOUR RIGHTS
Arrested or Spoken to by Police?
Talk to a Specialist Defence Lawyer
Get immediate legal advice today.
Your first consultation is free.

