{"id":"national-electricity-northern-territory-national-uniform-legislation-act-2015","name":"National Electricity (Northern Territory) (National Uniform Legislation) Act 2015","slug":"national-electricity-northern-territory-national-uniform-legislation-act-2015","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30305,"registerId":"nt-national-electricity-northern-territory-national-uniform-legislation-act-2015-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Electricity (Northern Territory) (National Uniform Legislation) Act 2015","content":"NORTHERN TERRITORY OF AUSTRALIA\nNATIONAL ELECTRICITY (NORTHERN TERRITORY) (NATIONAL\nUNIFORM LEGISLATION) ACT 2015\nAs in force at 20 November 2020\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Crown to be bound .......................................................................... 2\n5 Extra-territorial operation ................................................................. 2\nPart 2 Adoption of National Electricity Law\nDivision 1 National Electricity (NT) Law and National\nElectricity (NT) Regulations\n6 Application in Territory of National Electricity Law ........................... 3\n7 Application in Territory of regulations under National Electricity\nLaw .................................................................................................. 3\n8 Interpretation of expressions in National Electricity (NT) Law\nand National Electricity (NT) Regulations ........................................ 3\nDivision 2 General matters\n9 Declaration of local electricity systems ............................................ 4\n9A Minister to notify AEMC of making of modification instrument ......... 4\n10 Conferral of functions and powers on Commonwealth bodies\nto act in this jurisdiction ................................................................... 4\n11 Extension of reading-down provision ............................................... 5\n12 Exercise of powers under provisions not yet in effect ...................... 5\n12A Validation of instruments and decisions made by AER ................... 6\n12B Authorisation of preparatory steps taken by AER ............................ 7\nPart 3 Regulations\n13 Regulations...................................................................................... 7\n\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 ii\nPart 4 Repeals and transitional matters\nDivision 1 Transitional matters for National Electricity\n(Northern Territory) (National Uniform\nLegislation) Act 2015 – 1 July 2015\n16 Definitions ........................................................................................ 8\nDivision 3 Repeals – 1 July 2019\n17 Acts repealed................................................................................... 9\nDivision 4 Transitional matters for National Electricity\n(NT) Law – 1 July 2019\n19 Existing dedicated connection assets ............................................ 10\n20 New dedicated connection assets associated with existing\nlicences.......................................................................................... 12\n21 Processes associated with the variation of existing licences for\ndedicated connection assets ......................................................... 12\n22 Connection processes commenced before commencement\nday (dedicated connection assets) ................................................ 13\n23 Connection applications ................................................................ 13\n24 Existing connection agreements .................................................... 14\n25 Existing network technical codes ................................................... 14\nSchedule 1 Modifications to National Electricity Law\nPart 1 Preliminary matters\n1 Law modified ................................................................................. 15\n2 Expiry of certain modifications ....................................................... 15\n3 Section 2 modified ......................................................................... 15\n4 Section 2EA inserted ..................................................................... 18\n4A Section 8 modified ......................................................................... 18\n5 Part 2, heading modified ................................................................ 18\n6 Section 11 modified ....................................................................... 19\n7 Section 12 modified ....................................................................... 21\n7A Section 13 modified ....................................................................... 21\n7B Section 14 modified ....................................................................... 21\n8 Section 15 modified ....................................................................... 21\n9 Section 16 modified ....................................................................... 22\n9A Section 32A inserted ..................................................................... 22\n32A—Manner in which AEMC has regard to national electricity objective ..... 22\n9B Section 34 modified ....................................................................... 22\n9C Section 46 modified ....................................................................... 23\n11 Section 49 modified ....................................................................... 24\n11A Section 53AA inserted ................................................................... 24\n53AA—Division has no effect......................................................................... 24\n\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 iii\n11B Section 54C modified .................................................................... 24\n11C Section 55AA inserted ................................................................... 24\n55AA—Division has no effect......................................................................... 24\n12 Section 62 modified ....................................................................... 25\n12A Section 71A modified ..................................................................... 25\n13 Section 71P modified ..................................................................... 25\n14 Section 87 modified ....................................................................... 25\n14A Section 88 modified ....................................................................... 26\n14B Section 88AA inserted ................................................................... 27\n88AA—AEMC may only make differential Rule in certain cases.................... 27\n14C Section 88A modified ..................................................................... 27\n14D Section 88B modified ..................................................................... 27\n14E Section 89 modified ....................................................................... 27\n14EA Section 89A inserted ..................................................................... 28\n89A—AEMC must not make Rule inconsistent with rule modification............ 28\n14F Section 91 modified ....................................................................... 28\n14G Section 91A modified ..................................................................... 28\n14H Section 95A inserted ..................................................................... 29\n95A—Notice to Minister of proposed Rule ..................................................... 29\n14J Section 99 modified ....................................................................... 29\n14K Section 102 modified ..................................................................... 30\n15 Section 109AA inserted ................................................................. 30\n109AA—Part has no effect ............................................................................ 30\n16 Section 118B modified ................................................................... 30\n16A Section 122 modified ..................................................................... 31\n16B Section 123AA inserted ................................................................. 31\n123AA—Part has no effect ............................................................................ 31\n17 Schedule 1 modified ...................................................................... 31\n18 Schedule 3, Part 1AA inserted....................................................... 31\nPart 1AA Parts 1 to 12 have no effect\n1AA Parts 1 to 12 have no effect ........................................................... 31\n26 Section 2D modified ...................................................................... 32\n27 Section 6A modified ....................................................................... 32\n27A Section 10A modified ..................................................................... 32\n28 Section 28V modified ..................................................................... 32\n29 Section 28ZD modified .................................................................. 33\n30 Section 28ZH modified .................................................................. 33\n31 Section 28ZI modified .................................................................... 33\n32 Section 54C modified .................................................................... 34\n33 Section 120 modified ..................................................................... 34\nSchedule 2 Local electricity systems\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 November 2020\n____________________\nNATIONAL ELECTRICITY (NORTHERN TERRITORY) (NATIONAL\nUNIFORM LEGISLATION) ACT 2015\nAn Act to apply, as a law of the Territory, a national law providing for the\noperation of a national electricity market, to make interim arrangements,\nand for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the National Electricity (Northern Territory)\n(National Uniform Legislation) Act 2015.\n2 Commencement\nThis Act commences as follows:\n(a) the Act, other than the provisions mentioned in\nparagraphs (b), (c) and (d) – on the day on which the\nAdministrator's assent to the Act is declared;\n(b) Part 2 and Part 4, Division 2 – on 1 July 2016;\n(c) Part 4, Divisions 3 and 4 – on 1 July 2019;\n(d) Part 5 – on 1 July 2015.\n3 Interpretation\n(1) In this Act:\nNational Electricity (NT) Law means the provisions applying\nbecause of section 6.\nNational Electricity (NT) Regulations means the provisions\napplying because of section 7.\nNational Electricity (NT) Rules means the National Electricity\nRules having the force of law in this jurisdiction under section 9 of\nthe National Electricity (NT) Law.\n\nPart 1 Preliminary matters\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 2\nSA Act means the National Electricity (South Australia) Act 1996\n(SA).\n(2) Words and expressions used in this Act and also in the National\nElectricity (NT) Law have the same meanings in this Act as they\nhave in that Law.\n(3) Subsection (2) does not apply to the extent that the context or\nsubject matter otherwise indicates or requires.\n4 Crown to be bound\nThis Act, the National Electricity (NT) Law and the National\nElectricity (NT) Regulations bind the Crown in right of the Territory\nand, to the extent the legislative power of the Legislative Assembly\npermits, the Crown in all its other capacities.\n5 Extra-territorial operation\nIt is the intention of the Legislative Assembly that the operation of\nthis Act, the National Electricity (NT) Law and the National\nElectricity (NT) Regulations should, so far as possible, include\noperation in relation to the following:\n(a) land situated outside the Territory, whether in or outside\nAustralia;\n(b) things situated outside the Territory, whether in or outside\nAustralia;\n(c) acts, transactions and matters done, entered into or occurring\noutside the Territory, whether in or outside Australia;\n(d) things, acts, transactions and matters (wherever situated,\ndone, entered into or occurring) that would, apart from this\nAct, be governed or otherwise affected by the law of the\nCommonwealth, a State, another Territory or a foreign\ncountry.\n\nPart 2 Adoption of National Electricity Law\nDivision 1 National Electricity (NT) Law and National Electricity (NT) Regulations\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 3\nPart 2 Adoption of National Electricity Law\nDivision 1 National Electricity (NT) Law and National\nElectricity (NT) Regulations\n6 Application in Territory of National Electricity Law\nThe National Electricity Law set out in the Schedule to the SA Act,\nas in force from time to time:\n(a) applies, with the modifications set out in Schedule 1, as a law\nof the Territory; and\n(b) as so applying, may be referred to as the National Electricity\n(NT) Law.\n7 Application in Territory of regulations under National\nElectricity Law\nThe regulations in force from time to time under Part 4 of the SA\nAct:\n(a) apply, with any modifications prescribed under\nsection 13(2)(b), as regulations in force for the purposes of the\nNational Electricity (NT) Law; and\n(b) as so applying, may be referred to as the National Electricity\n(NT) Regulations.\n8 Interpretation of expressions in National Electricity (NT) Law\nand National Electricity (NT) Regulations\n(1) In the National Electricity (NT) Law and the National Electricity (NT)\nRegulations:\nLegislature of this jurisdiction means the Legislative Assembly of\nthe Northern Territory.\nSupreme Court means the Supreme Court of the Northern\nTerritory.\nthe jurisdiction or this jurisdiction means the Territory.\nthe National Electricity Law or this Law means:\n(a) the National Electricity (NT) Law; or\n\nPart 2 Adoption of National Electricity Law\nDivision 2 General matters\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 4\n(b) if the context or subject matter otherwise indicates or\nrequires – the National Electricity Law set out in the Schedule\nto the SA Act, as in force from time to time.\n(2) The Acts Interpretation Act 1915 (SA) and other Acts of South\nAustralia do not apply to the National Electricity (NT) Law or the\nNational Electricity (NT) Regulations.\nDivision 2 General matters\n9 Declaration of local electricity systems\nAn electricity system listed in Schedule 2, and any augmentation of\nthat system, is declared to be a local electricity system for the\npurposes of the National Electricity (NT) Law.\n9A Minister to notify AEMC of making of modification instrument\n(1) As soon as practicable after a modification instrument is made, the\nMinister must notify the AEMC of its making.\n(2) The Minister may delegate the Minister's function under\nsubsection (1).\n(3) In this section:\nmodification instrument means a regulation made under\nsection 13(2)(c), or an amendment to this Act, that provides for a\nmodification to the operation of the National Electricity Rules for the\npurpose of their having the force of law in this jurisdiction.\nNational Electricity Rules means the National Electricity Rules as\ndefined in section 2(1) of the National Electricity Law set out in the\nSchedule to the SA Act, as in force from time to time.\n10 Conferral of functions and powers on Commonwealth bodies\nto act in this jurisdiction\n(1) A Commonwealth body has power to do acts in or in relation to the\nTerritory in the performance or exercise of a function or power\nexpressed to be conferred on the Commonwealth body by the\nnational electricity legislation of another participating jurisdiction.\n(2) In this section:\nCommonwealth body means the AER or the Tribunal.\n\nPart 2 Adoption of National Electricity Law\nDivision 2 General matters\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 5\n11 Extension of reading-down provision\n(1) Schedule 2, clause 2 of the National Electricity (NT) Law has effect\nin relation to the operation of any provision of this Act as if the\nprovision formed part of that Law.\n(2) Subsection (1) does not limit the effect that a provision would validly\nhave apart from the subsection.\n12 Exercise of powers under provisions not yet in effect\n(1) This section applies if:\n(a) a provision of the National Electricity (NT) Law, National\nElectricity (NT) Regulations or National Electricity (NT) Rules\n(the deferred provision) does not yet have effect as part of a\nlaw of the Territory because of a modification; and\n(b) the modification:\n(i) is expressed to expire at a future time or on the\noccurrence of a future event; or\n(ii) is to cease to be in force on the commencement of a\nregulation made under section 13(2).\n(2) Schedule 2, clause 27 of the National Electricity (NT) Law has\neffect in relation to the deferred provision as if:\n(a) a reference in that clause to a provision of the Law that did not\ncommence on its enactment were a reference to the deferred\nprovision; and\n(b) a reference in that clause to the commencement of the\nprovision were a reference to the deferred provision\ncommencing to have effect as part of a law of the Territory\nbecause of the expiry or cessation of the modification.\n(3) In this section:\nmodification means:\n(a) for a provision of the National Electricity (NT) Law – a\nmodification set out in Schedule 1; or\n(b) for a provision of the National Electricity (NT) Regulations – a\nmodification prescribed by regulation under section 13(2)(b);\nor\n\nPart 2 Adoption of National Electricity Law\nDivision 2 General matters\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 6\n(c) for a provision of the National Electricity (NT) Rules – a\nmodification prescribed by regulation under section 13(2)(c).\n12A Validation of instruments and decisions made by AER\n(1) This section applies in relation to an instrument or decision made\nby the AER if:\n(a) the instrument or decision was made:\n(i) after this Act was enacted; but\n(ii) before the day (the operation day) on which a provision\n(the authorising provision) of the NT national electricity\nlegislation commenced operation as a law of the\nTerritory; and\n(b) had the authorising provision commenced operation as a law\nof the Territory, the making of the instrument or decision would\nhave been authorised by or under the provision; and\n(c) for the making of the instrument or decision that would be so\nauthorised subject to the satisfaction of any conditions or other\nrequirements – the AER has done everything that would, if the\nauthorising provision had commenced operation as a law of\nthe Territory, be required under the NT national electricity\nlegislation for the instrument or decision to be so authorised.\nExamples of instruments and decisions to which this section may apply\n1 Guidelines.\n2 Appointments, determinations and approvals.\n(2) Without limiting section 8 of the Interpretation Act 1978, for the\npurposes of the authorising provision:\n(a) the instrument or decision is taken to be valid; and\n(b) the instrument or decision has effect from the operation day:\n(i) as varied by any other instrument or decision to which\nthis section applies, unless the other instrument or\ndecision has been revoked; and\n(ii) subject to the NT national electricity legislation.\n(3) In this section:\nNT national electricity legislation means any of the following:\n(a) the National Electricity (NT) Law;\n\nPart 3 Regulations\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 7\n(b) the National Electricity (NT) Regulations;\n(c) the National Electricity (NT) Rules;\n(d) this Act.\n12B Authorisation of preparatory steps taken by AER\n(1) This section applies if:\n(a) the AER is required to do something (a preparatory step)\nbefore making a decision or making an instrument under a\nprovision (the authorising provision) of one of the following:\n(i) the National Electricity (NT) Law;\n(ii) the National Electricity (NT) Regulations;\n(iii) the National Electricity (NT) Rules;\n(iv) this Act; and\n(b) the AER takes the preparatory step:\n(i) after this Act was enacted; but\n(ii) before the day on which the authorising provision\ncommenced operation as a law of the Territory.\n(2) For the purposes of the authorising provision, the AER is taken to\nhave complied with the requirement to take the preparatory step.\nPart 3 Regulations\n13 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may do any of the following:\n(a) amend Schedule 1, including amending it to provide for\nmatters of a transitional nature to facilitate the transition to the\napplication and operation of the National Electricity (NT) Law;\n(b) prescribe modifications to the regulations in force from time to\ntime under Part 4 of the SA Act for the purposes of\nsection 7(a), including modifications that provide for matters of\na transitional nature to facilitate the transition to the application\nand operation of those regulations;\n\nPart 4 Repeals and transitional matters\nDivision 1 Transitional matters for National Electricity (Northern Territory) (National\nUniform Legislation) Act 2015 – 1 July 2015\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 8\n(c) prescribe modifications to the operation of the National\nElectricity Rules for the purpose of their having the force of\nlaw in this jurisdiction under section 9 of the National\nElectricity (NT) Law, including modifications that provide for\nmatters of a transitional nature to facilitate the transition to the\napplication and operation of those Rules.\n(3) The Administrator may make regulations contemplated by the\nNational Electricity (NT) Law as being made under this Act as the\napplication Act of this jurisdiction.\n(4) Regulations made under this section may apply, adopt or\nincorporate (with or without changes) a matter contained in another\ndocument or instrument as in force or existing at a particular time or\nfrom time to time.\n(5) In this section:\nNational Electricity Rules means the National Electricity Rules as\ndefined in section 2(1) of the National Electricity Law set out in the\nSchedule to the SA Act, as in force from time to time.\nPart 4 Repeals and transitional matters\nDivision 1 Transitional matters for National Electricity\n(Northern Territory) (National Uniform Legislation)\nAct 2015 – 1 July 2015\n16 Definitions\nDespite section 3(1), until 1 July 2016, in this Act:\nNational Electricity (NT) Law means the provisions that are to\napply because of section 6 on 1 July 2016.\nNational Electricity (NT) Regulations means the provisions that\nare to apply because of section 7 on 1 July 2016.\nNational Electricity (NT) Rules means the National Electricity\nRules that are to have the force of law in this jurisdiction under\nsection 9 of the National Electricity (NT) Law on 1 July 2016.\n\nPart 4 Repeals and transitional matters\nDivision 4 Transitional matters for National Electricity (NT) Law – 1 July 2019\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 9\nDivision 3 Repeals – 1 July 2019\n17 Acts repealed\nThe following Acts are repealed:\n(a) Electricity Networks (Third Party Access) Act 2000 (Act No. 11\nof 2000);\n(b) Electricity Networks (Third Party Access) Amendment\nAct 2001 (Act No. 31 of 2001).\nDivision 4 Transitional matters for National Electricity (NT)\nLaw – 1 July 2019\ncommencement day means 1 July 2019.\ndedicated connection asset, see section 4(1) of the Electricity\nReform Act 2000.\nelectricity entity, see section 4(1) of the Electricity Reform\nAct 2000.\nexisting DCA means a dedicated connection asset which,\nimmediately before the commencement day:\n(a) exists; or\n(b) is contracted to be constructed under an existing connection\nagreement; or\n(c) a network provider has agreed to connect to a power system\nunder an existing connection agreement.\nexisting DCA owner means the owner or operator of an existing\nDCA.\nexisting document means an Act or other document in existence\nor having effect immediately before the commencement day.\nexisting technical code means a network technical code and\nnetwork planning criteria in force under section 66A of the Electricity\nReform Act 2000 immediately before the commencement day.\nlarge dedicated connection asset, see Chapter 10 of the National\nElectricity (NT) Rules (as in force immediately before the\ncommencement day).\n\nPart 4 Repeals and transitional matters\nDivision 4 Transitional matters for National Electricity (NT) Law – 1 July 2019\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 10\nsmall dedicated connection asset, see Chapter 10 of the\nNational Electricity (NT) Rules (as in force immediately before the\ncommencement day).\nUtilities Commission means the Utilities Commission established\nunder section 5 of the Utilities Commission Act 2000.\n19 Existing dedicated connection assets\n(1) Subject to this section, the requirement to hold a licence or an\nexemption under the Electricity Reform Act 2000 in relation to a\ndedicated connection asset does not apply to an existing DCA until\n1 August 2020.\n(2) In connection with the operation of subsection (1), but subject to\nsubsection (4), the amendments made to the Electricity Reform\nAct 2000 which take effect on the commencement day do not apply\nso as to impose any additional conditions or other requirements in\nrelation to an existing DCA.\n(3) Subsections (1) and (2) do not affect the terms or conditions of a\nlicence or exemption in force immediately before the\ncommencement day.\n(4) By 1 August 2020, an existing DCA owner must, in relation to each\nof its existing DCAs:\n(a) comply with the requirements of subsection (5); or\n(b) comply with the requirements of subsection (7).\n(5) The requirements of this subsection are that the existing DCA\nowner must notify the Utilities Commission of the following\ninformation in relation to each of its existing DCAs:\n(a) the identity of each owner or operator of the existing DCA;\n(b) whether the existing DCA is:\n(i) a large dedicated connection asset; or\n(ii) a small dedicated connection asset;\n(c) the location and route of the existing DCA;\n(d) in the case of an existing DCA that is covered by a licence or\nan exemption under the Electricity Reform Act 2000 –\ninformation identifying the licence or exemption;\n\nPart 4 Repeals and transitional matters\nDivision 4 Transitional matters for National Electricity (NT) Law – 1 July 2019\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 11\n(e) any other information that the Utilities Commission may\nreasonably require.\n(6) A notification under subsection (5) must be made in a form\ndetermined by the Utilities Commission.\n(7) The requirements of this subsection are:\n(a) in relation to an existing DCA covered by a licence – that the\nlicence has been varied under the Electricity Reform Act 2000,\nas amended on or after the commencement day, and in\naccordance with section 21, to add the existing DCA to the\nlicence; and\n(b) in any other case – that a licence or exemption has been\nobtained under the Electricity Reform Act 2000, as amended\non or after the commencement day, in relation to the existing\nDCA.\n(8) The Utilities Commission must establish a register of existing DCAs\nnotified under subsection (5).\n(9) The register must include, in relation to each existing DCA that has\nbeen notified:\n(a) in the case of an existing DCA that is covered by a licence or\nan exemption under the Electricity Reform Act 2000 – the\nidentity of the holder of the licence or exemption; and\n(b) in the case of an existing DCA that is not covered by a licence\nor an exemption under the Electricity Reform Act 2000 – the\nidentity of each owner or operator of the existing DCA; and\n(c) the classification of the existing DCA as:\n(i) a large dedicated connection asset; or\n(ii) a small dedicated connection asset; and\n(d) the location and route of the existing DCA.\n(10) The register may include any other information determined by the\nUtilities Commission.\n(11) The Utilities Commission must ensure the register is made\navailable to the public.\n\nPart 4 Repeals and transitional matters\nDivision 4 Transitional matters for National Electricity (NT) Law – 1 July 2019\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 12\n20 New dedicated connection assets associated with existing\nlicences\n(1) If an electricity entity holding a licence under Part 3 of the Electricity\nReform Act 2000 that authorises the operation of an electricity\nnetwork wants to own or operate a dedicated connection asset\n(other than an existing DCA) on or after the commencement day,\nthe electricity entity must:\n(a) apply for a variation of the licence in accordance with\nsection 21; or\n(b) apply for an exemption under section 87A of the Electricity\nReform Act 2000 in relation to the dedicated connection asset.\n(2) To avoid doubt, an application under subsection (1)(b) will be dealt\nwith as an entirely new matter under the Electricity Reform\nAct 2000 as amended on or after the commencement day.\n21 Processes associated with the variation of existing licences\nfor dedicated connection assets\n(1) This section applies to the variation of a licence under\nsection 19(7)(a) or 20(1)(a).\n(2) An application for the variation of a licence to which this section\napplies must:\n(a) be made in a form determined by the Utilities Commission;\nand\n(b) state whether the dedicated connection asset is:\n(i) a large dedicated connection asset; or\n(ii) a small dedicated connection asset; and\n(c) identify the location and route of the dedicated connection\nasset.\n(3) Without limiting subsection (2), the applicant must provide to the\nUtilities Commission any other information the Utilities Commission\nmay reasonably require in relation to the dedicated connection\nasset.\n(4) In deciding on the appropriate classification of a dedicated\nconnection asset, the Utilities Commission may seek the advice of\nthe system controller for the relevant transmission network.\n\nPart 4 Repeals and transitional matters\nDivision 4 Transitional matters for National Electricity (NT) Law – 1 July 2019\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 13\n(5) A system controller whose advice is sought under subsection (4)\nmust provide that advice within a period specified by the Utilities\nCommission in the request.\n(6) If the Utilities Commission varies a licence under this section:\n(a) the Utilities Commission must state in the licence (as varied)\nwhether the dedicated connection asset is classified as:\n(i) a large dedicated connection asset; or\n(ii) a small dedicated connection asset; and\n(b) the Utilities Commission may impose any conditions the\nUtilities Commission thinks appropriate in relation to the\noperation of the dedicated connection asset.\n22 Connection processes commenced before commencement\nday (dedicated connection assets)\n(1) This section applies in relation to a dedicated connection asset if:\n(a) an application to connect the relevant apparatus, equipment or\nplant was made to the network provider in accordance with the\nElectricity Networks (Third Party Access) Act 2000 before the\ncommencement day; and\n(b) the dedicated connection asset is put in place as a result of\nthat application on or after 1 July 2019 and before\n1 August 2020.\n(2) In a case where this section applies:\n(a) the dedicated connection asset will be taken to be an existing\nDCA under section 18; and\n(b) section 20 will not apply in relation to the dedicated connection\nasset.\n23 Connection applications\nIf an access application that complies with the requirements of the\nElectricity Networks (Third Party Access) Act 2000 has been\nreceived before the commencement day, that Act will continue to\napply, despite its repeal under section 17, in relation to that\napplication until:\n(a) a connection agreement is entered into, or varied, on account\nof that application; or\n\nPart 4 Repeals and transitional matters\nDivision 4 Transitional matters for National Electricity (NT) Law – 1 July 2019\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 14\n(b) any access dispute is resolved or determined (including by the\nmaking of an award); or\n(c) the access application lapses, is laid aside or withdrawn, or\notherwise no longer has effect under that Act.\n24 Existing connection agreements\n(1) The amendments to the Electricity Reform Act 2000 that commence\non the commencement day are not intended to have the effect of:\n(a) altering any of the terms of an existing connection agreement\n(including the location of a connection point); or\n(b) altering the contractual rights or obligations of any of the\nparties under an existing connection agreement as between\nthose parties; or\n(c) relieving the parties under any such existing connection\nagreement of their contractual obligations under such an\nagreement.\n(2) In subsection (1):\nconnection point, see clause 3 of the Electricity Networks (Third\nParty Access) Code set out in the Schedule to the Electricity\nNetworks (Third Party Access) Act 2000.\n25 Existing network technical codes\n(1) On the commencement day, an existing technical code becomes a\nNetwork Technical Code under the Electricity Reform\n(Administration) Regulations 2000.\n(2) On and after the commencement day, to the extent that a provision\nof an existing technical code is inconsistent with a provision of the\nNational Electricity (NT) Rules, the provision of the National\nElectricity (NT) Rules will prevail (and the provision of the existing\ntechnical code will not have effect to the extent of the\ninconsistency).\n(3) A reference in an existing document to section 66A of the Electricity\nReform Act 2000 includes a reference to regulation 25 of the\nElectricity Reform (Administration) Regulations 2000, unless the\ncontext otherwise requires.\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 15\nSchedule 1 Modifications to National Electricity Law\nsection 6\nPart 1 Preliminary matters\n1 Law modified\nThis Schedule modifies the National Electricity Law set out in the\nSchedule to National Electricity (South Australia) Act 1996 (SA) for\nthe purposes of section 6(a).\n2 Expiry of certain modifications\n(1) Part 3 expires on 1 July 2019.\n(2) Part 4 expires when the National Energy Retail Law is applied in\nthis jurisdiction.\n(3) This clause expires on the later of the expiry of Part 3 or the expiry\nof Part 4.\nPart 2 Continuing modifications\n3 Section 2 modified\n(1) Section 2(1), definitions interconnected national electricity\nsystem, National Electricity Rules or Rules, network service\nprovider, Registered participant, Regulations and retailer\nomit\n(2) Section 2(1)\ninsert (in alphabetical order)\ninterconnected national electricity system means the\ninterconnected transmission and distribution system in the other\nparticipating jurisdictions used to convey and control the\nconveyance of electricity to which are connected—\n(a) generating systems and other facilities; and\n(b) loads settled through the wholesale exchange operated and\nadministered by AEMO in those other participating\njurisdictions;\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 16\nlocal electricity system means:\n(a) an electricity system declared by the application Act of this\njurisdiction to be a local electricity system; and\n(b) the generating systems and other facilities owned, controlled\nor operated in this jurisdiction connected to that electricity\nsystem;\nlocal instrument means a regulation made under the application\nAct of this jurisdiction;\nNational Electricity Rules or Rules mean each of the following, as\nmodified by the application Act of this jurisdiction or a regulation\nmade under that Act—\n(a) the initial National Electricity Rules; and\n(ab) additional Minister initiated Rules; and\n(b) Rules made by the AEMC under this Law, including Rules that\namend or revoke—\n(i) the initial National Electricity Rules or additional Minister\ninitiated Rules; or\n(ii) Rules made by it,\nor, if the context or subject matter otherwise indicates or requires,\nthe Rules referred to in paragraphs (a), (ab) and (b);\nnetwork service provider means a Registered participant who:\n(a) under section 11(3aa) is deemed to be registered for the\npurposes of section 11(2); and\n(b) owns, controls or operates a transmission system or\ndistribution system that forms part of a local electricity system;\nRegistered participant means a person who, under Part 3 of the\nElectricity Reform Act 2000 of the Northern Territory, holds a\nlicence authorising the carrying on of operations in the electricity\nsupply industry in connection with a local electricity system, other\nthan a person who is prescribed by local instrument not to be a\nRegistered participant in relation to those operations;\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 17\nRegulations means:\n(a) the regulations made under Part 4 of the National Electricity\n(South Australia) Act 1996 of South Australia that apply as a\nlaw of this jurisdiction, as modified by the application Act of\nthis jurisdiction or a regulation made under that Act; or\n(b) if the context or subject matter otherwise indicates or\nrequires—the regulations made under Part 4 of the National\nElectricity (South Australia) Act 1996 of South Australia;\nretailer means a person who, under Part 3 of the Electricity Reform\nAct 2000 of the Northern Territory, holds a licence authorising the\nselling of electricity;\nUtilities Commission means the Utilities Commission of the\nNorthern Territory established by section 5 of the Utilities\nCommission Act 2000 of the Northern Territory;\n(2A) Section 2(1), definitions distribution determination,\nparagraphs (a) and (b), distribution reliability standard and\ndistribution service standard\nomit\na distribution\ninsert\na local electricity\n(3) Section 2(1), definition national electricity market, paragraph (a)\nomit\nunder this Law and the Rules\ninsert\nin the other participating jurisdictions\n(4) Section 2(1), definition regulated distribution system operator\nomit\ndistribution system\ninsert\nlocal electricity system\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 18\n4 Section 2EA inserted\nAfter section 2E\ninsert\n2EA—References to Rules made under this Law\nA reference in the definition of additional Minister initiated Rules,\ninitial National Electricity Rules or National Electricity Rules or\nRules to Rules made under this Law or a provision of this Law—\n(a) includes a reference to Rules made before the day on which\nPart 2 of the application Act of this jurisdiction commenced;\nand\n(b) is, in relation to Rules made before that day, a reference to\nRules made under, or made under the corresponding\nprovision of, the National Electricity Law set out in the\nSchedule to the National Electricity (South Australia) Act 1996\nof South Australia as applied as a law of South Australia.\n4A Section 8 modified\nAfter section 8(2)\ninsert\n(2a) For the purposes of subsection (2), the MCE must regard the\nreference in the national electricity objective to the national\nelectricity system as a reference to whichever of the following the\nMCE considers appropriate in the circumstances—\n(a) the national electricity system;\n(b) one or more, or all, of the local electricity systems;\n(c) all of the electricity systems referred to in paragraphs (a) and\n(b).\n5 Part 2, heading modified\nPart 2, heading\nomit\nNational Electricity Market\ninsert\nNorthern Territory local electricity systems\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 19\n6 Section 11 modified\n(1) Section 11, heading\nomit\nmarket\ninsert\nsystem\n(2) Before section 11(1)\ninsert\n(1aa) Subsections (3) and (4) have no effect in this jurisdiction.\nNote—\nThe application of subsections (3) and (4) may be revisited as part of the phased\nimplementation of the Rules in this jurisdiction.\n(3) Section 11(1)\nomit\nthe interconnected national electricity system\ninsert\na local electricity system\n(4) Section 11(1)(a) and (b)\nomit, insert\n(a) the person is a Registered participant in relation to that activity\nand that local electricity system; or\n(b) the person is the subject of a derogation that exempts the\nperson from the requirement to be a Registered participant in\nrelation to that activity under this Law and the Rules; or\n(ba) the person holds an exemption from the requirement to hold a\nlicence under the Electricity Reform Act 2000 of the Northern\nTerritory in relation to that activity; or\n(bb) the person has the benefit of a provision of the Electricity\nReform Act 2000 of the Northern Territory, or a regulation\nmade under that Act, that has the effect that the relevant\nactivity does not require a licence under that Act in relation to\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 20\na generating system, including on the basis that an activity is\ndeclared not to be generation of electricity for the purposes of\nthat Act; or\n(bc) the person is prescribed by local instrument not to be a\nRegistered participant in relation to that activity and that local\nelectricity system.\n(5) Section 11(2)\nomit\nthe interconnected national electricity system\ninsert\na local electricity system\n(6) Section 11(2)(a) and (b)\nomit, insert\n(a) the person is a Registered participant in relation to that activity\nand that local electricity system; or\n(b) the person is the subject of a derogation that exempts the\nperson, or is otherwise exempted by the AER, from the\nrequirement to be a Registered participant in relation to that\nactivity under this Law and the Rules; or\n(ba) the person holds an exemption from the requirement to hold a\nlicence under the Electricity Reform Act 2000 of the Northern\nTerritory in relation to that activity; or\n(bb) the person is prescribed by local instrument not to be a\nRegistered participant in relation to that activity and that local\nelectricity system.\n(7) After section 11(2)\ninsert\n(3aa) A Registered participant who holds a licence authorising the\ncarrying on of operations that correspond to an activity and a local\nelectricity system mentioned in subsection (1) or (2) is deemed to\nbe a Registered participant in relation to that activity and that local\nelectricity system for the purposes of that subsection or those\nsubsections, as the case requires.\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 21\n(3ab) Subsection (2) does not apply to the activity of owning, controlling\nor operating an embedded network within the meaning of the\nNational Electricity (NT) Rules (as in force from time to time).\n7 Section 12 modified\nBefore section 12(1)\ninsert\n(1aa) This section has no effect in this jurisdiction.\nNote—\nThe application of section 12 may be revisited as part of the phased\nimplementation of the Rules in this jurisdiction.\n7A Section 13 modified\nBefore section 13(1)\ninsert\n(1aa) This section has no effect in this jurisdiction.\nNote—\nThe application of section 13 may be revisited as part of the phased\nimplementation of the Rules in this jurisdiction.\n7B Section 14 modified\nBefore section 14(1)\ninsert\n(1aa) This section has no effect in this jurisdiction.\nNote—\nThe application of section 14 may be revisited as part of the phased\nimplementation of the Rules in this jurisdiction.\n8 Section 15 modified\nSection 15(1)(e)\nomit\nthe interconnected transmission and distribution\ninsert\na local electricity\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 22\n9 Section 16 modified\nAfter section 16(1)\ninsert\n(1a) For the purposes of subsection (1)(a) and (d), the AER must regard\nthe reference in the national electricity objective to the national\nelectricity system as a reference to a local electricity system or to all\nlocal electricity systems, as the case requires.\n9A Section 32A inserted\nAfter section 32\ninsert\n32A—Manner in which AEMC has regard to national electricity objective\nSubject to section 88(2a), for the purposes of this Law, the AEMC\nmust regard the reference in the national electricity objective to the\nnational electricity system as a reference to whichever of the\nfollowing the AEMC considers appropriate in the circumstances—\n(a) the national electricity system;\n(b) one or more, or all, of the local electricity systems;\n(c) all of the electricity systems referred to in paragraphs (a) and\n(b).\n9B Section 34 modified\n(1) Section 34(1)(a)(iii)\nomit, insert\n(iia) the operation of a local electricity system for the\npurposes of the safety, security and reliability of that\nsystem;\n(iii) the activities of persons (including Registered\nparticipants) participating in the national electricity\nmarket or involved in the operation of the national\nelectricity system or a local electricity system;\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 23\n(2) After section 34(3)(b)\ninsert\n(ba) vary in their terms as between—\n(i) the national electricity system; and\n(ii) one or more, or all, of the local electricity systems;\n(bb) have no effect with respect to one or more of the systems\nreferred to in paragraph (ba);\n9C Section 46 modified\n(1) Section 46\nomit\nThe\ninsert\n(1) Subject to subsection (2), the\n(2) Section 46, at the end\ninsert\n(2) The AEMC must update the copies of the National Electricity Rules\npublished and made available under subsection (1) to reflect each\nrule modification provided for by a modification instrument—\n(a) if notified of the making of the modification instrument at least\n10 business days before the rule modification commences—\non the day the rule modification commences; or\n(b) otherwise—within 10 business days of being notified of the\nmaking of the modification instrument.\n(3) In this section—\nmodification instrument means a regulation made under\nsection 13(2)(c) of the application Act of this jurisdiction, or an\namendment to that Act, that provides for a rule modification;\nnotified means notified by the Minister of this participating\njurisdiction;\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 24\nrule modification means a modification to the operation of the\nNational Electricity Rules for the purpose of their having the force of\nlaw in this jurisdiction.\n11 Section 49 modified\n(1) Before section 49(1)\ninsert\n(1aa) Subsections (1)(a) to (f) and (2), and notes to subsection (1), have\nno effect in this jurisdiction.\n(2) After section 49(3)\ninsert\n(4) For the purposes of subsection (3), AEMO must regard the\nreference in the national electricity objective to the national\nelectricity system as a reference to a local electricity system or to all\nlocal electricity systems, as the case requires.\n11A Section 53AA inserted\nAfter Part 5, Division 5, heading\ninsert\n53AA—Division has no effect\nThis Division has no effect in this jurisdiction.\n11B Section 54C modified\nAfter section 54C(2)(d)\ninsert\n(da) the Utilities Commission;\n11C Section 55AA inserted\nAfter Part 5, Division 7, heading\ninsert\n55AA—Division has no effect\nThis Division has no effect in this jurisdiction.\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 25\n12 Section 62 modified\nSection 62(b), after \" AEMO\"\ninsert\nin the other participating jurisdictions\n12A Section 71A modified\nSection 71A, definition reviewable regulatory decision,\nparagraph (a)\nomit, insert\n(a) subject to the Regulations, a network revenue or pricing\ndetermination that sets a regulatory period; or\n13 Section 71P modified\nAfter section 71P(3)\ninsert\n(4) For the purposes of subsections (2a)(c) and (2b)(c), the Tribunal\nmust regard the reference in the national electricity objective to the\nnational electricity system as a reference to a local electricity\nsystem or to all local electricity systems, as the case requires.\n14 Section 87 modified\n(1) Section 87, definition urgent Rule\nomit\n(2) Section 87\ninsert (in alphabetical order)\ndifferential Rule means a Rule that:\n(a) varies in its terms as between—\n(i) the national electricity system; and\n(ii) one or more, or all, of the local electricity systems; or\n(b) does not have effect with respect to one or more of those\nsystems,\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 26\nbut is not a jurisdictional derogation, participant derogation or Rule\nthat has effect with respect to an adoptive jurisdiction for the\npurpose of section 91(8);\nuniform Rule means a Rule that:\n(a) does not vary in its terms as between—\n(i) the national electricity system; and\n(ii) one or more, or all, of the local electricity systems; and\n(b) has effect with respect to all of those systems;\nurgent Rule means a Rule relating to any matter or thing that, if not\nmade as a matter of urgency, will result in that matter or thing\nimminently prejudicing or threatening—\n(a) the effective operation or administration of the wholesale\nexchange operated and administered by AEMO in the other\nparticipating jurisdictions; or\n(b) the safety, security or reliability of:\n(i) the national electricity system; or\n(ii) a local electricity system.\n14A Section 88 modified\nAfter section 88(2)\ninsert\n(2a) For the purposes of this Part, the AEMC must regard the reference\nin the national electricity objective to the national electricity system\nas a reference to whichever of the following the AEMC considers\nappropriate in the circumstances having regard to the nature, scope\nor operation of the proposed Rule—\n(a) the national electricity system;\n(b) one or more, or all, of the local electricity systems;\n(c) all of the electricity systems referred to in paragraphs (a)\nand (b).\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 27\n14B Section 88AA inserted\nAfter section 88\ninsert\n88AA—AEMC may only make differential Rule in certain cases\n(1) In addition to complying with sections 88, 88A and 88B, the AEMC\nmay only make a Rule if it is satisfied that it is a uniform Rule.\n(2) Despite subsection (1), the AEMC may make a differential Rule if\nthe AEMC is satisfied that, having regard to any relevant MCE\nstatement of policy principles, the differential Rule will, or is likely to,\nbetter contribute to the achievement of the national electricity\nobjective than a uniform Rule.\n(3) This section does not apply in relation to—\n(a) a jurisdictional derogation requested under section 91(3); or\n(b) a participant derogation requested under section 91(5) or (6);\nor\n(c) a Rule that has effect with respect to an adoptive jurisdiction\nfor the purposes of section 91(8).\n14C Section 88A modified\nSection 88A, after \"sections 88\"\ninsert\n, 88AA\n14D Section 88B modified\nSection 88B, after \"sections 88\"\ninsert\n, 88AA\n14E Section 89 modified\nSection 89(c)\nomit\nthe national electricity system\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 28\ninsert\na local electricity system\n14EA Section 89A inserted\nAfter section 89, in Part 7, Division 1, Subdivision 2\ninsert\n89A—AEMC must not make Rule inconsistent with rule modification\n(1) Despite any other provision of this Subdivision, the AEMC must not\nmake a Rule that—\n(a) would be inconsistent with a rule modification made by a\nmodification instrument; and\n(b) would apply only in this jurisdiction.\n(2) This section does not apply in relation to a jurisdictional derogation\nrequested under section 91(3).\n(3) In this section—\nmodification instrument has the meaning given by section 46(3);\nrule modification has the meaning given by section 46(3).\n14F Section 91 modified\nAfter section 91(1)\ninsert\n(1a) A request under subsection (1) may request the AEMC to make a\ndifferential Rule.\n14G Section 91A modified\n(1) Section 91A, before \"The\"\ninsert\n(1)\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 29\n(2) Section 91A, at the end\ninsert\n(2) To avoid doubt, the AEMC may, in accordance with section 88AA,\nmake a more preferable Rule that is a differential Rule, whether or\nnot the market initiated proposed Rule (to which the more\npreferable Rule relates) proposed the making of a differential Rule.\n14H Section 95A inserted\nAfter section 95\ninsert\n95A—Notice to Minister of proposed Rule\n(1) This section applies if—\n(a) the AEMC considers that it should take action under this\nDivision in respect of a request for the making of a Rule; and\n(b) the request included a request that the AEMC make a\ndifferential Rule.\n(2) In addition to the requirements of section 95, the AEMC must give\nthe Minister of this participating jurisdiction—\n(a) a copy of the notice published under section 95(1a)(a); and\n(b) a draft of the proposed Rule; and\n(c) any other document prescribed by the Regulations.\n14J Section 99 modified\n(1) After section 99(1b)\ninsert\n(1c) In the case of a proposed Rule that is a differential Rule, the AEMC\nmust also, as soon as practicable after publishing a notice under\nsubsection (1a)(b) or (1b), give the Minister of this participating\njurisdiction the draft Rule determination and a copy of the notice.\n(2) After section 99(2)(a)(ii)\ninsert\n(iia) in the case where the proposed Rule is a differential\nRule, the reasons of the AEMC as to whether it is\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 30\nsatisfied the proposed Rule will, or is likely to, better\ncontribute to the achievement of the national electricity\nobjective than a uniform Rule; and\n14K Section 102 modified\n(1) After section 102(1a)\ninsert\n(1b) If the Rule to be made is a differential Rule, the AEMC must also,\nas soon as practicable after publishing a notice under\nsubsection (1a)(b), give the Minister of this participating\njurisdiction—\n(a) the final Rule determination; and\n(b) a copy of the notice.\n(2) After section 102(2)(a)(ii)\ninsert\n(iia) in the case where the Rule to be made is a differential\nRule, the reasons of the AEMC as to whether it is\nsatisfied the Rule will, or is likely to, better contribute to\nthe achievement of the national electricity objective than\na uniform Rule; and\n15 Section 109AA inserted\nAfter Part 8, heading\ninsert\n109AA—Part has no effect\nThis Part has no effect in this jurisdiction.\n16 Section 118B modified\nAfter section 118B(2)\ninsert\n(2a) For the purposes of subsection (2)(a), the Minister must regard the\nreference in the national electricity objective to the national\nelectricity system as a reference to a local electricity system or to all\nlocal electricity systems, as the case requires.\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 31\n16A Section 122 modified\nBefore section 122(1)\ninsert\n(1aa) This section has no effect in this jurisdiction.\n16B Section 123AA inserted\nAfter Part 10, Division 1, heading\ninsert\n123AA—Part has no effect\nThis Part has no effect in this jurisdiction.\nNote—\nThe application of Part 10 may be revisited as part of the phased implementation\nof the Rules in this jurisdiction.\n17 Schedule 1 modified\n(1) Schedule 1, items 4, 7, 9 and 34(a), after \"AEMO\"\ninsert\nin the other participating jurisdictions\n(2) Schedule 1, item 32, after \"system,\"\ninsert\nor a local electricity system,\n18 Schedule 3, Part 1AA inserted\nSchedule 3, before Part 1, heading\ninsert\nPart 1AA Parts 1 to 12 have no effect\n1AA Parts 1 to 12 have no effect\nParts 1 to 12 of this Schedule have no effect in this jurisdiction.\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 32\nPart 4 Modifications expiring on application of\nNational Energy Retail Law\n26 Section 2D modified\n(1) Section 2D(1)(b)(ia)\nomit\n(2) Section 2D(2)(b)\nomit\n, the National Energy Retail Law or the National Energy Retail\nRules\n(3) Section 2D, note 2\nomit\n27 Section 6A modified\nBefore section 6A(1)\ninsert\n(1aa) This section has no effect in this jurisdiction until the National\nEnergy Retail Law is applied as a law of this jurisdiction.\n27A Section 10A modified\nBefore section 10A(1)\ninsert\n(1aa) This section has no effect in this jurisdiction until the National\nEnergy Retail Law is applied as a law of this jurisdiction.\n28 Section 28V modified\nSection 28V(4A)\nomit\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 33\n29 Section 28ZD modified\n(1) Section 28ZD(b)\nomit\nRules; or\ninsert\nRules.\n(2) Section 28ZD(c)\nomit\n30 Section 28ZH modified\n(1) Section 28ZH(1)(c) and (d)\nomit\n(2) Section 28ZH, note\nomit\nand section 219 of the National Energy Retail Law\n31 Section 28ZI modified\n(1) Section 28ZI(1)(b)\nomit\nRules;\ninsert\nRules.\n(2) Section 28ZI(1)(c) and (d)\nomit\n(3) Section 28ZI, note\nomit\nand section 220 of the National Energy Retail Law\n\nSchedule 1 Modifications to National Electricity Law\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 34\n32 Section 54C modified\nSection 54C(2)(f)\nomit\n33 Section 120 modified\nSection 120(2A)\nomit\n\nSchedule 2 Local electricity systems\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 35\nSchedule 2 Local electricity systems\nsection 9\n1 Darwin electricity system\nThe electricity system (being the apparatus, electric lines,\nequipment, plant and buildings used to convey or control the\nconveyance of electricity):\n(a) located in the Darwin region; and\n(b) operated, as at 1 July 2015, by Power and Water Corporation;\nbut not including the Darwin to Katherine 132kV power line\ndescribed in item 5.\n2 Katherine electricity system\nThe electricity system (being the apparatus, electric lines,\nequipment, plant and buildings used to convey or control the\nconveyance of electricity):\n(a) located in the Katherine region; and\n(b) operated, as at 1 July 2015, by Power and Water Corporation;\nbut not including the Darwin to Katherine 132kV power line\ndescribed in item 5.\n3 Tennant Creek electricity system\nThe electricity system (being the apparatus, electric lines,\nequipment, plant and buildings used to convey or control the\nconveyance of electricity):\n(a) located in the Tennant Creek region; and\n(b) operated, as at 1 July 2015, by Power and Water Corporation.\n4 Alice Springs electricity system\nThe electricity system (being the apparatus, electric lines,\nequipment, plant and buildings used to convey or control the\nconveyance of electricity):\n(a) located in the Alice Springs region; and\n(b) operated, as at 1 July 2015, by Power and Water Corporation.\n\nSchedule 2 Local electricity systems\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 36\n5 Darwin to Katherine 132kV power line\nThe 132 kV power line that extends from the network 132 kV bus at\nChannel Island Power Station to a 132/22 kV zone substation\nadjacent to the Katherine Power Station, with 132/22 kV zone\nsubstations at Manton and Batchelor and a 132/66kV transmission\nterminal station at Pine Creek.\n\nENDNOTES\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 37\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nNational Electricity (Northern Territory) (National Uniform Legislation)regula 2015 (Act\nNo. 16, 2015)\nAssent date 22 May 2015\nCommenced pt 2 and pt 4, div 2: 1 July 2016;\npt 4, divs 3 and 4: 1 July 2019; pt 5: 1 July 2015;\nrem: 22 May 2015 (s 2)\nElectricity Legislation Amendment Act 2016 (Act No. 22, 2016)\nAssent date 9 June 2016\nCommenced pt 3, div 3: nc; rem: 1 July 2016 (s 2)\nNational Electricity (Northern Territory) (National Uniform Legislation) Amendment\nAct 2017 (Act No. 15, 2017)\nAssent date 27 June 2017\nCommenced 1 July 2017 (s 2)\nNational Electricity (Northern Territory) (National Uniform Legislation) (Act\nAmendment) Regulations 2017 (SL No. 18, 2017)\nNotified 29 June 2017\nCommenced 1 July 2017 (r 2 and s 2 National Electricity (Northern\nTerritory) (National Uniform Legislation) Amendment Act 2017\n(Act No. 15, 2017))\nNational Electricity (Northern Territory) (National Uniform Legislation) Consequential\nAmendment Regulations 2019 (SL No. 16, 2019)\nNotified 1 July 2019\nCommenced 1 July 2019 (r 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent 19 November 2020\nCommenced 20 November 2020 (s 2)\n\nENDNOTES\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 38\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1 and 12A.\n4 LIST OF AMENDMENTS\ns 3 amd No. 15, 2017, s 4\ns 6 amd No. 22, 2016, s 8; No. 15, 2017, s 5\ns 7 amd No. 22, 2016, s 9; No. 15, 2017, s 6\ns 8 amd No. 22, 2016, s 10; No. 15, 2017, s 7\ns 9 sub No. 15, 2017, s 8\ns 9A ins No. 22, 2016, s 11\namd No. 15, 2017, s 9\ns 12 amd No. 22, 2016, s 12\ns 12A ins No. 22, 2016, s 13\namd No. 15, 2017, s 10\ns 12B ins No. 22, 2016, s 13\namd No. 15, 2017, s 11\ns 13 amd No. 22, 2016, s 14; No. 15, 2017, s 12\ns 14 exp No. 16, 2016, s 14(3)\ns 15 exp No. 16, 2016, s 15(3)\npt 4\ndiv 2 hdg rep No. 15, 2017, s 13\npt 4\ndiv 4 note rep SL No. 16, 2019, r 13\ns 18 exp No. 16, 2015, s 61\nins SL No. 16, 2019, r 13\ns 19 amd No. 26, 2020, s 3\nss 20 – 25 exp No. 16, 2015, s 61\nins SL No. 16, 2019, r 13\npt 5 hdg exp No. 16, 2015, s 61\npt 5\ndiv 1 hdg exp No. 16, 2015, s 61\nss 43 – 44 exp No. 16, 2015, s 61\npt 5\ndiv 2 hdg exp No. 16, 2015, s 61\nss 45 – 60 exp No. 16, 2015, s 61\npt 5\ndiv 3 hdg exp No. 16, 2015, s 61\ns 61 exp No. 16, 2015, s 61\nsch 1 amd No. 22, 2016, ss 15 to 21; No. 15, 2017, s 14; SL No. 18, 2017, r 4; SL\nNo. 16, 2019, r 14; No. 26, 2020, s 3\nsch 2 amd No. 15, 2017, s 15","sortOrder":0}],"analysis":{"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":8,"scope_assessment":{"changed":true,"description":"Yes. The instrument does more than simply import the South Australian National Electricity Law into the Northern Territory. It substantially tailors the NEL to NT circumstances by:\n- recasting the legislative focus from an interconnected national market to discrete ‘local electricity systems’ (Schedule 1 amendments such as the insertion of section 32A and many redefinitions in section 3 of Schedule 1);\n- carving out whole NEL provisions as having ‘no effect’ in the NT pending phased implementation (multiple ‘has no effect’ inserts in Schedule 1), thereby narrowing or delaying national provisions’ application;\n- creating a detailed transitional and regulatory regime for dedicated connection assets (Part 4, Div.4, sections 19–25) which introduces notification, classification and licensing processes not present in a vanilla adoption;\n- constraining national rule-making in respect of the NT by (a) requiring the AEMC to treat the national objective as potentially referring to local systems (Schedule 1 inserts) and (b) limiting differential Rules except where justified (new section 88AA), and by preventing the AEMC from making Rules inconsistent with NT rule modifications (new section 89A).\n\nConcretely, the Act changes scope from a straight copy‑in of national law to a locally-tailored hybrid regime that preserves national institutions while embedding Territory‑specific definitions, transitional protections and procedural controls (see sections 6, 9, 12A, 19 and Schedule 1)."},"complexity_factors":["Extensive Schedule 1 with dozens of targeted modifications to the South Australian NEL (many clauses amend, insert or omit NEL provisions)","Multiple commencement dates and phased implementation (sections 2; expiry/commencement cross-links in Schedule 1)","Numerous defined-term substitutions and local re-definitions (e.g. ‘local electricity system’, redefinition of ‘National Electricity Rules’) in Schedule 1","Cross-jurisdictional cross-references to SA Acts, national bodies (AEMO, AEMC, AER), and the Territory’s Electricity Reform Act 2000 (heavy external referencing)","Nested conditional logic and carve-outs (‘this section has no effect in this jurisdiction’ repeated across many provisions)","Transitional regimes with procedural steps and deadlines for DCAs (sections 19–25) and a public register obligation","Validation and retroactive-effect provisions for AER instruments and preparatory steps (sections 12A and 12B) which impose temporal logic (pre- and post-commencement)","Regulation-making power that can further modify how the Rules and regulations apply in the NT (section 13)","Multiple mechanisms affecting rule-making (new section 88AA, 89A, notice and consultation obligations in inserted sections 95A, 99, 102) increasing procedural complexity"],"plain_english_summary":"**What this Act does (mechanics first)**\n\n- Adopts the South Australian National Electricity Law (the NEL) into Northern Territory (NT) law as the **National Electricity (NT) Law** (section 6) and brings the associated regulations and Rules into force as modified for the NT (sections 7 and 13).  The SA text applies “as in force from time to time” but with a series of specific local changes set out in Schedule 1.\n\n- Declares certain NT power systems to be **local electricity systems** (section 9 and Schedule 2) and repurposes many national concepts so they refer to those local systems rather than the large interconnected national grid (see Schedule 1, e.g. modifications to sections 2, 8, 11, 32A, 88 and others).\n\n- Gives Commonwealth regulators (the Australian Energy Regulator (AER) and the Tribunal) express authority to perform functions in the Territory to the extent those functions are conferred by the national electricity legislation of other participating jurisdictions (section 10).\n\n- Provides transitional and validation measures:\n  - Validates AER instruments and decisions made after this Act was enacted but before particular NT provisions commenced, so those instruments take effect from the commencement day if they would have been authorised by the later NT law (section 12A).\n  - Authorises preparatory steps taken by the AER before relevant NT provisions commenced (section 12B).\n  - Phases in the new regime for dedicated connection assets (DCAs) and transitional arrangements for applications, licences and existing network technical codes (Part 4, Divisions 3–4; especially sections 17–25).\n\n- Confers regulation-making power on the Administrator to: amend the Schedule of modifications, prescribe further modifications to SA regulations, and modify how the National Electricity Rules operate in the NT (section 13).\n\n**Who is affected**\n\n- Network owners/operators and electricity entities (transmission, distribution, embedded networks) operating in the NT — especially Power and Water Corporation (listed in Schedule 2) and holders of licences under the Electricity Reform Act 2000 (see modified definitions in Schedule 1).\n\n- Owners or operators of dedicated connection assets (DCAs) — they face specific notification, classification and licensing/variation steps (see section 19 and sections 20–23).\n\n- The Utilities Commission of the Northern Territory (must keep a public register of existing DCAs and can impose conditions when varying licences — section 19(8)–(11) and section 21(6)).\n\n- Commonwealth bodies: AEMO, AEMC and AER — their roles continue but are adjusted to account for NT local systems (Schedule 1 modifications, e.g. sections 32A, 46, 88AA).\n\n- The Northern Territory Minister — has notification and delegation duties (section 9A) and receives notices/drafts in some Rule processes (Schedule 1 inserts, e.g. sections 95A, 99/102 additions).\n\n**Why it matters (purported purpose and practical trade-offs)**\n\nThe Act’s stated purpose is to bring the national electricity framework into NT law while tailoring it to the Territory’s smaller, non-interconnected systems. The mechanical consequence is a hybrid: most national institutions, Rules and enforcement mechanisms operate in the NT, but the law is repeatedly modified so that the “national electricity system” concept can be read as a NT local electricity system where appropriate (see Schedule 1, e.g. inserted section 32A and multiple modifications citing \"local electricity system\").\n\nPractical implications, costs and incentives:\n\n- Compliance and administrative costs fall on network operators, DCA owners, licence holders and the Utilities Commission: they must notify, reclassify or vary licences (sections 19–21). The Utilities Commission must run a public register (section 19(8)–(11)), creating ongoing administrative overhead.\n\n- The AEMC is constrained: the Act requires the AEMC to treat the national electricity objective as applying to local systems where appropriate (Schedule 1 inserts) and generally to favour uniform Rules, only permitting differential Rules under limited conditions (see new section 88AA). This preserves national consistency but allows tailored (differential) rules where justified — which changes the decision calculus for market participants seeking local exceptions.\n\n- The Act reduces litigation and regulatory uncertainty about acts the AER took before NT provisions commenced by validating those acts (section 12A) and authorising preparatory steps (section 12B). That lowers legal risk for prior AER actions but also locks in administrative choices made pre-commencement.\n\n- The Utilities Commission gains discretion to classify DCAs (section 21(4)–(6)) and to impose licence conditions on variation (section 21(6)(b)), which may change commercial returns and contractual arrangements for DCA owners.\n\n- There is a modest shift in who decides: more rule-advice and technical classification levers sit with NT bodies (Utilities Commission, Minister) acting alongside national bodies (AEMC, AER, AEMO). That alters bargaining points for private firms when seeking derogations, exemptions or licence variations.\n\n**Implementation risks and trade-offs**\n\n- Phased and conditional commencement (multiple commencement dates — sections 2, and expiry clauses in Schedule 1) increases transitional complexity and the risk that participants misunderstand which rules apply when.\n\n- The many modifications and “no effect” carve-outs (Schedule 1 contains numerous provisions that are stated to have no effect in the NT) create scope for legal argument about interaction with unmodified parts of the NEL.\n\n- The requirement that the AEMC avoid making Rules inconsistent with NT rule modifications (Schedule 1, new section 89A) protects the NT’s local adaptations but may limit the AEMC’s flexibility and slow national rule harmonisation.\n\n**Concrete pointers to sections**\n\n- Adoption of SA NEL into NT law: section 6 and Schedule 1 (modifications);\n- Local electricity systems declared: section 9 and Schedule 2;\n- Validation of prior AER instruments: section 12A; preparatory steps: section 12B;\n- DCA transitional regime and register obligations: sections 19–25;\n- Rule-making and modification powers: section 13 and multiple Schedule 1 inserts (notably new section 88AA on differential Rules, section 32A on how AEMC treats the objective, and section 46 on updating Rules publication);\n- Minister’s notification duty for modification instruments: section 9A.\n\n"},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to remain within its original scope of adopting national electricity market legislation for the Northern Territory with appropriate modifications for isolated grids. While the Act contains extensive transitional provisions and phased implementation mechanisms, these were clearly contemplated in the original structure (evidenced by the 2015, 2016 and 2019 commencement dates and expiry clauses for modifications). The amendments shown in the endnotes (through 2020) appear to be technical or consequential rather than scope-expanding."},"complexity_factors":["Mirror legislation structure: The Act doesn't stand alone — it imports, modifies and applies another jurisdiction's law (South Australia's National Electricity Law), requiring readers to cross-reference two statutes simultaneously","Extensive modifications: Schedule 1 contains 33 separate modification clauses, many using technical amendment language ('omit', 'insert', 'substitute') that requires reconstructing the text mentally","Conditional application: Multiple sections are explicitly switched off ('has no effect in this jurisdiction') with notes about future phased implementation, creating temporal complexity","Nested definitions: Key terms like 'National Electricity (NT) Law', 'local electricity system', and 'Registered participant' are defined by reference to other definitions, the SA Act, and the Electricity Reform Act 2000","Dual regulatory layers: The Act creates overlapping jurisdictions between Commonwealth bodies (AER, AEMC, Tribunal) and NT entities (Utilities Commission), with complex allocation of functions","Transitional provisions with sunset dates: Different parts commence on different dates (1 July 2015, 2016, 2019), and modifications in Parts 3 and 4 of Schedule 1 have expiry dates tied to future events","Technical electricity jargon: Terms like 'dedicated connection assets', 'embedded network', '132kV power line', and 'system controller' assume sector-specific knowledge","Incorporation by reference: The National Electricity Rules are adopted but can be modified by regulation, creating a moving target for what the law actually requires"],"plain_english_summary":"**What this law does:**\n\nThis Act brings the Northern Territory into Australia's national electricity framework — but with a twist. Instead of joining the main national grid (which connects Queensland, NSW, Victoria, SA and Tasmania), the NT adopts the *rules* and *regulatory structure* of the national system while keeping its own separate, isolated electricity networks.\n\n**Key things it does:**\n\n*   **Adopts South Australia's law:** It imports the National Electricity Law from South Australia and applies it as NT law, with heavy modifications (listed in Schedule 1). This is called \"mirror legislation\" — a common trick in Australian federalism where states/territories pass identical laws to create a national scheme.\n*   **Creates \"local electricity systems\":** The NT isn't physically connected to the national grid, so the Act defines four separate local systems — Darwin, Katherine, Tennant Creek and Alice Springs — plus the Darwin-Katherine transmission line. These are treated as mini-versions of the national system.\n*   **Phased implementation:** Many parts of the national rules don't apply immediately. The Act switches off (\"has no effect\") entire chunks of the national law — particularly around market operation, retail competition and consumer protections — with notes saying these \"may be revisited\" later.\n*   **Validates past actions:** Sections 12A and 12B fix a legal quirk by validating decisions made by the Australian Energy Regulator (AER) before the Act fully commenced, and authorising preparatory steps taken in anticipation.\n*   **Transitional arrangements:** It manages the messy shift from old NT electricity laws (the Electricity Networks (Third Party Access) Act 2000) to the new regime, with special rules for \"dedicated connection assets\" (private power lines connecting big users to the grid) and existing connection agreements.\n*   **Differential rules:** The Act allows the Australian Energy Market Commission (AEMC) to make \"differential Rules\" — rules that treat the NT differently from the rest of Australia — but only if this better achieves the national electricity objective.\n\n**Who it affects:**\n\n*   **Power and Water Corporation:** The government-owned utility that runs the NT's grids.\n*   **Large electricity users:** Mining companies and others with private power lines (dedicated connection assets).\n*   **The AER and AEMC:** Commonwealth bodies that now have powers in the NT.\n*   **NT Utilities Commission:** The local regulator that retains some functions.\n\n**Why it matters:**\n\nBefore this Act, the NT operated in a regulatory vacuum compared to the rest of Australia. This brings the Territory into a nationally consistent framework for network regulation, pricing and reliability — but preserves the reality that the NT's grids are physically isolated and much smaller than the national market. It's a compromise between national uniformity and local practicalities."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/national-electricity-northern-territory-national-uniform-legislation-act-2015","history":"/api/acts/national-electricity-northern-territory-national-uniform-legislation-act-2015/history","analysis":"/api/acts/national-electricity-northern-territory-national-uniform-legislation-act-2015/analysis","conflicts":"/api/acts/national-electricity-northern-territory-national-uniform-legislation-act-2015/conflicts","importantCases":"/api/acts/national-electricity-northern-territory-national-uniform-legislation-act-2015/important-cases","documents":"/api/acts/national-electricity-northern-territory-national-uniform-legislation-act-2015/documents"}}