{"id":"australian-energy-market-operator-functions-regulations-2015","name":"Australian Energy Market Operator (Functions) Regulations 2015","slug":"australian-energy-market-operator-functions-regulations-2015","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174077,"registerId":"wa-australian-energy-market-operator-functions-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Energy Market Operator (Functions) Regulations 2015","content":"![Crest]()Western Australia\n\nElectricity Industry Act 2004  \nGas Services Information Act 2012\n\nAustralian Energy Market Operator (Functions) Regulations 2015\n\nWestern Australia\n\nAustralian Energy Market Operator (Functions) Regulations 2015\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Term used: AEMO 1\n\n4. Functions of AEMO 1\n\n5. Cost recovery limited 3\n\nNotes\n\nCompilation table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nElectricity Industry Act 2004  \nGas Services Information Act 2012\n\nAustralian Energy Market Operator (Functions) Regulations 2015\n\n##### 1. Citation\n\n\t\tThese regulations are the *Australian Energy Market Operator (Functions) Regulations 2015*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Term used: AEMO\n\nIn these regulations —\n\nAEMO means the Australian Energy Market Operator (ACN 072 010 327).\n\n##### 4. Functions of AEMO\n\n(1) It is a function of the AEMO to prepare for the proposed conferral of a function on it under the *Electricity Industry Act 2004* or the *Gas Services Information Act 2012*.\n\n(2) For the purposes of subregulation (1), the Minister must, by instrument in writing given to the AEMO, identify the function.\n\n(3) Without limiting the generality of subregulation (1), preparing for the proposed conferral of a function includes —\n\n(a) undertaking feasibility studies, and similar studies and analysis, for the purposes of the proposed conferral of the function; and\n\n(b) in relation to a function that is, at the time, a function of another person —\n\n(i) carrying out activities relating to a due diligence process undertaken in relation to the other person for the purposes of the proposed conferral of the function; and\n\n(ii) making arrangements relating to the transfer of information, assets, rights, liabilities, employees and contracts and other arrangements of the other person for the purposes of the proposed conferral of the function.\n\n(4) A due diligence process in relation to a person includes the following activities —\n\n(a) the examination and review of, and reporting on, information held by the person relating to —\n\n(i) the financial position of the person;\n\n(ii) the assets, rights, liabilities and contracts and other arrangements of the person;\n\n(iii) the terms and conditions on which employees of the person are employed;\n\n(b) the identification and description of, and reporting on, systems, assets, rights, liabilities, employees and contracts and other arrangements of the person;\n\n(c) the examination and review of, and reporting on, contracts and other arrangements of the person.\n\n##### 5. Cost recovery limited\n\n(1) Fees and charges to be paid by registered participants under the *Electricity Industry (Electricity System and Market) Regulations 2004* and registered gas market participants under the *Gas Services Information Regulations 2012* for the performance of the functions of the AEMO under these regulations are, in total, not to exceed the amount determined by the Minister from time to time.\n\n(2) An amount determined by the Minister for the purposes of subregulation (1) is to be published on the market website (as defined in the *Electricity Industry (Electricity System and Market) Regulations 2004* regulation 3) and the GSI website (as defined in the *Gas Services Information Regulations 2012* regulation 3(1)).\n\n[Regulation 5 amended: SL 2025/37 r. 4.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Australian Energy Market Operator (Functions) Regulations 2015* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Australian Energy Market Operator (Functions) Regulations 2015* | 2 Oct 2015 p. 3929‑30 | r. 1 and 2: 2 Oct 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 3 Oct 2015 (see r. 2(b)) |\n| *Electricity Industry Regulations Amendment (Distributed Energy Resources) Regulations 2025* Pt. 2 | SL 2025/37   5 Feb 2025 | 6 Feb 2025 (see r. 2(b) and SL 2025/31 cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAEMO 3\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling AEMO to prepare for potential future functions under WA energy legislation while controlling associated costs. The 2025 amendment (SL 2025/37) merely updated the cost recovery mechanism in regulation 5 without expanding the scope."},"complexity_factors":["Only 5 regulations total, with minimal text","Single defined term ('AEMO') in regulation 3","Straightforward structure: citation, commencement, definition, substantive provisions, cost recovery","No nested exceptions or complex conditional logic — subregulation (3) simply expands on subregulation (1) with illustrative examples","Limited cross-referencing: only references to parent Acts and associated regulations for definitions and context","Plain language drafting with minimal legal jargon"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations give the **Australian Energy Market Operator (AEMO)** — the body that runs Australia's electricity and gas systems — specific jobs to do in **Western Australia**.\n\n**The two main things it does:**\n\n1. **Preparation work for future functions**: AEMO can prepare for new responsibilities that might later be given to it under two WA laws — the *Electricity Industry Act 2004* and the *Gas Services Information Act 2012*. This preparation includes:\n   - Doing feasibility studies (checking if something is practical)\n   - Due diligence (investigating the finances, assets, employees, and contracts of another organisation that currently does the job)\n   - Planning how to transfer staff, assets, and contracts if AEMO takes over the function\n\n2. **Caps on fees**: The fees that electricity and gas market participants pay to AEMO for this preparation work cannot exceed an amount set by the Minister. This cap must be published on the relevant industry websites.\n\n**Who it affects:**\n- **AEMO** — gets clear authority to do preparatory work\n- **Energy companies** (registered participants) in WA — they pay fees for this work, but with a government-imposed limit\n- **The WA Minister for Energy** — sets the fee cap and identifies which functions AEMO should prepare for\n\n**Why it matters:**\nThis is essentially \"getting ready to get ready\" legislation. It allows AEMO to do the groundwork (studies, investigations, planning) before formally taking on new responsibilities in WA's energy market, while protecting industry from unlimited costs during this transition phase."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The compilation records an amendment to regulation 5 made by SL 2025/37 (see compilation table and note: \"Regulation 5 amended: SL 2025/37 r. 4\"). The amendment concerns the cost-recovery provision; the regulations continue to authorise AEMO preparatory functions, require Minister identification of proposed functions and set a Minister‑determined cap on fees with a publication requirement as the operative scope after amendment."},"complexity_factors":["Ministerial discretion to identify the proposed function by written instrument (regulation 4(2)) increases administrative variability.","AEMO’s preparatory remit covers diverse activities—feasibility studies, due diligence and arranging transfers of information, assets, rights, liabilities, employees and contracts (regulation 4(1), 4(3)).","Due diligence is defined to require financial, contractual and employment-system review and reporting (regulation 4(4)), creating substantive compliance and review tasks.","Cost‑recovery is limited to a Minister‑determined total and applies to registered electricity and gas market participants under separate regulations, requiring cross-referencing to those instruments (regulation 5(1); see Electricity Industry (Electricity System and Market) Regulations 2004 and Gas Services Information Regulations 2012).","Obligation to publish the Minister‑determined cap on specified market websites (regulation 5(2)) adds an implementation requirement for transparency.","Definitions and references to external Acts and regulations (definition of AEMO at regulation 3 and cross-references in regulation 5) require readers to consult other instruments for full effect.","The instrument is short and mechanically precise, which lowers interpretive complexity but concentrates importance on ministerial directions and inter-instrument links."],"plain_english_summary":"These regulations allow the Australian Energy Market Operator (AEMO) to carry out preparatory work for functions proposed to be conferred on it under Western Australian electricity or gas laws. The Minister must identify the proposed function in writing, and AEMO may undertake feasibility studies, due diligence and arrange transfers of information, assets, contracts and staff. Registered electricity and gas market participants can be charged fees to cover these preparatory activities, but total fees are capped at an amount set by the Minister and published on specified market websites."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope change cannot be assessed — the legislative text is unavailable due to a broken or removed web page. No comparison between original intent and final form is possible."},"complexity_factors":["The source document is completely inaccessible — only an error page was provided","No legislative text, provisions, schedules, or definitions are available for analysis","Complexity cannot be meaningfully assessed without content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"This Western Australian regulation from 2015 sets out or limits the functions that the Australian Energy Market Operator (AEMO) may perform in WA, where the state runs its own wholesale electricity arrangements rather than fully joining the national market. It matters to WA energy consumers, retailers, generators and network operators because it shapes how AEMO can operate locally — but the regulation’s exact effects can’t be analyzed here because the text is unavailable."}},"importantCases":[],"_links":{"self":"/api/acts/australian-energy-market-operator-functions-regulations-2015","history":"/api/acts/australian-energy-market-operator-functions-regulations-2015/history","analysis":"/api/acts/australian-energy-market-operator-functions-regulations-2015/analysis","conflicts":"/api/acts/australian-energy-market-operator-functions-regulations-2015/conflicts","importantCases":"/api/acts/australian-energy-market-operator-functions-regulations-2015/important-cases","documents":"/api/acts/australian-energy-market-operator-functions-regulations-2015/documents"}}