{"id":"national-electricity-south-australia-act-1996","name":"National Electricity (South Australia) Act 1996","slug":"national-electricity-south-australia-act-1996","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106000,"registerId":"sa-national-electricity-south-australia-act-1996-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Market monitoring information notices and market monitoring information orders","content":"Subdivision 3—Market monitoring information notices and market monitoring information orders\n18EC\tDefinitions\n18ED\tUrgent notices and urgent orders\n18EE\tContent of notices and orders\n18EF\tNotices and orders may be made for both past and future information\n18EG\tMaking and serving notices and orders\n18EH\tAER must consult before making order\n18EI\tPublication of orders\n18EJ\tOpportunity to be heard before notice served\n18EK\tCompliance with notice\n18EL\tCompliance with order\n18EM\tCertification of compliance by statutory declaration\n18EN\tSubdivision does not limit powers under Division 3\n","sortOrder":0},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Miscellaneous","content":"Subdivision 4—Miscellaneous\n18EO\tWholesale market monitoring guidelines\n18EP\tReview of wholesale market monitoring powers\nDivision 1B—Rate of return instrument\nSubdivision 1—Preliminary\n18F\tDefinitions\n18G\tRate of return instrument has force of law\n18H\tRate of return instrument is binding on AER and network service providers\nSubdivision 2—Requirement to make rate of return instrument\n18I\tAER to make rate of return instrument\n18J\tContent of rate of return instrument\nSubdivision 3—Consultation requirements\n18K\tProcess for making rate of return instrument\n18L\tOther matters AER must have regard to in making instrument\n18M\tRequirements before publishing draft instrument\n18N\tConsumer reference group\n18O\tPublication of draft instrument and other information\n18P\tReport about draft instrument by independent panel\n18Q\tPublication of explanatory information\n18R\tFailure to comply does not affect validity\nSubdivision 4—Publication, review and other matters\n18S\tPublication of rate of return instrument\n18T\tCommencement and duration of instrument\n18U\tReview and replacement of instrument\n18V\tApplication of instrument\n18W\tRate of return instrument may apply for this Law and the National Gas Law\nSubdivision 5—Confidentiality of information\n18X\tConfidentiality\n18Y\tDisclosure of information given in confidence\nDivision 1C—Retailer Reliability Obligation—AER compliance regime\n18Z\tDefinitions\n18ZA\tObligation of AER to monitor compliance\n18ZB\tObligation of regulated entities to establish arrangements to monitor compliance\n18ZC\tObligation of regulated entities to keep records\n18ZD\tObligation of regulated entities to provide information and data about compliance\n18ZE\tCompliance audits by AER\n18ZF\tCompliance audits by regulated entities\n18ZG\tCarrying out compliance audit\n18ZH\tUse of information\n18ZI\tReliability Compliance Procedures and Guidelines\n","sortOrder":1},{"sectionNumber":"Div 1D","sectionType":"division","heading":"AER trial waiver functions","content":"Division 1D—AER trial waiver functions\n18ZJ\tDefinitions\n18ZK\tInterpretative matters\n18ZL\tTrial waiver\n18ZM\tConditions of trial waiver\n18ZN\tConsultation on trial waiver\n18ZO\tPublication etc of trial waiver\n18ZP\tDuration of trial waiver\n18ZQ\tExtension of trial waiver\n18ZR\tCompliance with trial waiver\n18ZS\tRevocation of trial waiver\n18ZT\tOther matters\nDivision 2—Search warrants\n19\tDefinitions\n20\tAuthorised person\n20A\tIdentity cards\n20B\tReturn of identity cards\n21\tSearch warrant\n22\tAnnouncement of entry and details of warrant to be given to occupier or other person at premises\n23\tAnnouncement before entry\n24\tCopies of seized documents\n25\tRetention and return of seized documents or things\n26\tExtension of period of retention of documents or things seized\n27\tObstruction of person authorised to enter\nDivision 3—General information gathering powers\n28\tPower to obtain information and documents in relation to performance and exercise of functions and powers\nDivision 4—Regulatory information notices and general regulatory information orders\n28A\tDefinitions\n28B\tMeaning of contributing service\n28C\tMeaning of general regulatory information order\n28D\tMeaning of regulatory information notice\n28E\tDivision does not limit operation of information gathering powers under Division 3\nSubdivision 2—Serving and making of regulatory information instruments\n28F\tService and making of regulatory information instruments\n28G\tAdditional matters to be considered for related provider regulatory information instruments\n28H\tAER must consult before publishing a general regulatory information order\n28I\tPublication requirements for general regulatory information orders\n28J\tOpportunity to be heard before regulatory information notice is served\nSubdivision 3—Form and content of regulatory information instruments\n28K\tForm and content of regulatory information instrument\n28L\tFurther provision about the information that may be specified in a regulatory information instrument\n28M\tFurther provision about manner in which information must be provided to AER or kept\nSubdivision 4—Compliance with regulatory information instruments\n28N\tCompliance with regulatory information notice that is served\n28O\tCompliance with general regulatory information order\n28OA\tConfidentiality issues\n28OB\tDisclosure of information given to AER in compliance with regulatory information instrument\n28P\tExemptions from compliance with general regulatory information order\n28Q\tAssumptions where there is non-compliance with regulatory information instrument\nSubdivision 5—General\n28R\tProviding to AER false and misleading information\n28S\tPerson cannot rely on duty of confidence to avoid compliance with regulatory information instrument\n28T\tLegal professional privilege not affected\n28U\tProtection against self-incrimination\nDivision 5—Network service provider performance reports\n28V\tPreparation of network service provider performance reports\nDivision 6—Disclosure of confidential information held by AER\n28W\tAuthorised disclosure of information given to the AER in confidence\n28X\tDisclosure with prior written consent is authorised\n28Y\tDisclosure for purposes of court and tribunal proceedings and to accord natural justice\n28YA\tDisclosure of information to Energy Security Board\n28Z\tDisclosure of information given to the AER with confidential information omitted\n28ZA\tDisclosure of information given in confidence does not identify anyone\n28ZAA\tDisclosure of information in an aggregated form\n28ZAB\tDisclosure of information that has entered the public domain\n28ZB\tDisclosure of information authorised if detriment does not outweigh public benefit\n","sortOrder":2},{"sectionNumber":"Div 7","sectionType":"division","heading":"Miscellaneous matters","content":"Division 7—Miscellaneous matters\n28ZC\tConsideration by the AER of submissions made to it under this Law\n28ZD\tUse of information provided under a notice under section 28 or a regulatory information instrument\n28ZE\tAER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices\n28ZF\tAER Guidelines\n28ZG\tAER must report to MCE if it does not make network revenue or pricing determination within time\n28ZH\tSingle documentation\n28ZI\tUse of information\nPart 4—Functions and powers of the Australian Energy Market Commission\n29\tFunctions and powers of the AEMC\n30\tDelegations\n31\tConfidentiality\n32\tAEMC must have regard to national electricity objective\n32A\tTargets statement for greenhouse gas emissions targets\n33\tAEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews\nDivision 2—Rule making functions and powers of the AEMC\n34\tRule making powers\n35\tRules relating to MCE or Ministers of participating jurisdictions require MCE consent\n36\tAEMC must not make Rules that create criminal offences or impose civil penalties for breaches\n37\tDocuments etc applied, adopted and incorporated by Rules to be publicly available\nDivision 3—Committees, panels and working groups of the AEMC\n38\tThe Reliability Panel\n39\tEstablishment of committees and panels (other than the Reliability Panel) and working groups\nDivision 4—MCE directed reviews\n41\tMCE directions\n42\tTerms of reference\n43\tNotice of MCE directed review\n44\tConduct of MCE directed review\nDivision 5—Other reviews\n45\tReviews by AEMC\n46\tAEMC must publish and make available up to date versions of Rules\n47\tFees\n48\tConfidentiality of information\nPart 5—Role of AEMO under National Electricity Law\n49\tAEMO's statutory functions\n49A\tAEMO's power to carry out statutory functions\n49B\tDelegation\nDivision 2—AEMO's adoptive jurisdiction functions\n50\tApplication of this Division\n50A\tAEMO to account to relevant Minister for performance of adoptive functions\nSubdivision 2—AEMO's additional advisory functions\n50B\tAdditional advisory functions\nSubdivision 3—AEMO's declared network functions\n50C\tAEMO's declared network functions\n50D\tNetwork agreement\n50E\tConnection agreements\n50F\tAugmentation\n50G\tAEMO to have qualified exemption for performing statutory functions\n50H\tResolution of dispute arising from attempt to negotiate a network agreement or augmentation connection agreement\n50J\tGeneral principles governing determinations\nDivision 3—Information etc to be provided to Ministers\n51\tMinisterial request\n51A\tCompliance with request\n51B\tQuarterly report\nDivision 4—Fees and charges\n52\tAEMO fees and charges\nDivision 5—Information gathering\n53\tInformation gathering powers\n53A\tMaking and publication of general market information order\n53B\tService of market information notice\n53C\tCompliance with market information instrument\n53D\tUse of information\n53E\tProviding false or misleading information\nDivision 6—Protected information\nSubdivision 1—AEMO's obligation to protect information\n54\tProtected information\nSubdivision 2—Disclosure of protected information held by AEMO\n54A\tAuthorised disclosure of protected information\n54B\tDisclosure with prior written consent\n54C\tDisclosure required or permitted by law etc\n54CA\tAuthorised disclosure to particular entities for data sharing purposes\n54CB\tDisclosure of protected information by officer or employee of, or consultant to, AEMO\n54D\tDisclosure for purposes of court and tribunal proceedings\n54E\tDisclosure of document with omission of protected information\n54F\tDisclosure of non-identifying information\n54FA\tDisclosure of information in an aggregated form\n54G\tDisclosure of protected information for safety, proper operation of the market etc\n54H\tDisclosure of protected information authorised if detriment does not outweigh public benefit\nDivision 7—AEMO's statutory funds\n55\tDefinitions\n55A\tAEMO's Rule funds\n55B\tPayments into and out of Rule funds\n55C\tInvestment\nPart 5A—Functions and powers of Minister of this participating jurisdiction\n57A\tFunctions and powers of Minister of this participating jurisdiction\nPart 5B—Functions and powers of Tribunal\n57B\tFunctions and powers of Tribunal under this Law\nPart 6—Proceedings under the National Electricity Law\n59\tInstituting civil proceedings under this Law\nDivision 1A—Enforceable undertakings\n59A\tEnforceable undertakings\nDivision 2—Proceedings by the AER in respect of this Law, the Regulations and the Rules\n60\tTime limit within which AER may institute proceedings\n61\tProceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences\n61A\tProceedings for declaration that a person has breached a conduct provision\n61B\tActions for damages by persons for breach of conduct provisions\n62\tAdditional Court orders\n63\tOrders for disconnection in certain circumstances where there is no breach\n64\tMatters for which there must be regard in determining amount of civil penalty\n65\tBreach of a civil penalty provision is not an offence\n66\tBreaches of civil penalty provisions involving continuing failure\n67\tConduct in breach of more than one civil penalty provision\n67A\tConduct in breach of reliability obligation civil penalty provision\n68\tPersons involved in breach of civil penalty provision or conduct provision\n68A\tAttempt to breach civil penalty provision\n69\tCivil penalties payable to the Commonwealth\nDivision 2A—Proceedings before, and awards etc of, Dispute resolution panels\n69A\tCommercial Arbitration Acts apply to proceedings before Dispute resolution panels\nDivision 3—Judicial review of decisions and determinations under this Law, the Regulations and the Rules\n70\tApplications for judicial review\n71\tAppeals on questions of law from decisions or determinations of Dispute resolution panels\nDivision 3A—Merits review and other non-judicial review\n71A\tDefinitions\nSubdivision 3—Tribunal review of information disclosure decisions\n71S\tApplication for review\n71T\tExclusion of public in certain cases\n71U\tDetermination in the review\n71V\tTribunal must be taken to have affirmed decision if decision not made within time\n71W\tAssistance from AER or AEMO\nSubdivision 4—General\n71X\tCosts in a review\n71Y\tAmount of costs\nDivision 3B—Enforcement of access determinations\n71ZA\tEnforcement of access determinations\n71ZB\tConsent injunctions\n71ZC\tInterim injunctions\n71ZD\tFactors relevant to granting a restraining injunction\n71ZE\tFactors relevant to granting a mandatory injunction\n71ZF\tDischarge or variation of injunction or other order\nDivision 4—Other civil proceedings\n72\tObligations under Rules to make payments\nDivision 5—Infringement notices\n73\tDefinitions\n74\tPower to serve a notice\n75\tForm of notice\n76\tInfringement penalties\n77\tAER cannot institute proceedings while infringement notice on foot\n78\tLate payment of penalty\n79\tWithdrawal of notice\n80\tRefund of infringement penalty\n81\tPayment expiates breach of civil penalty provision\n82\tPayment not to have certain consequences\n83\tConduct in breach of more than one civil penalty provision\n85\tOffences and breaches by corporations\n86\tCorporations also in breach if officers and employees are in breach\nPart 7—The making of the National Electricity Rules\n87\tDefinitions\nSubdivision 2—Rule making tests\n88\tApplication of national electricity objective\n88A\tAEMC must take into account form of regulation factors in certain cases\n88B\tAEMC must take into account revenue and pricing principles in certain cases\n88C\tAEMC must take into account innovative trial principles in certain cases\n89\tAEMC must have regard to certain matters in relation to the making of jurisdictional derogations\nDivision 2—Minister initiated National Electricity Rules\nSubdivision 1—Initial Rules made by South Australian Minister\n90\tSouth Australian Minister to make initial National Electricity Rules\n90A\tSouth Australian Minister to make further Rules relating to distribution determinations consumer advocacy and other matters\n90AB\tSouth Australian Minister to make initial Rules relating to consumer data right and further Rules relating to disclosure of data\n90B\tSouth Australian Minister to make initial Rules related to AEMO's functions under this Law\n90BA\tSouth Australian Minister may make consequential Rules relating to rate of return instrument\n90C\tSouth Australian Minister to make initial Rules related to smart meters\n90D\tSouth Australian Minister may make initial Rules relating to implementation of NERL and NERR\n90DA\tSouth Australian Minister to make initial Rules relating to regulatory sandboxing\n90E\tSouth Australian Minister to make initial Rules relating to Energy Consumers Australia\n90EA\tSouth Australian Minister to make initial Rules relating to Retailer Reliability Obligation\n90EB\tSouth Australian Minister to make initial Rules relating to stand‑alone power systems\n90EC\tSouth Australian Minister to make initial Rules relating to Ministerial reliability instrument\n90ED\tSouth Australian Minister may make initial Rules relating to national electricity objective\n90EE\tSouth Australian Minister to make initial Rules relating to data access\n90EF\tSouth Australian Minister to make initial Rules relating to wholesale market monitoring matters\n90EG\tSouth Australian Minister to make initial Rules relating to orderly exit management\n90EH\tSouth Australian Minister to make initial Rules relating to credit support for RoLR events\nSubdivision 2—Rules made by Minister from time to time\n90F\tSouth Australian Minister may make Rules on recommendation of MCE and Energy Security Board\nDivision 3—Procedure for the making of a Rule by the AEMC\n91\tInitiation of making of a Rule\n91A\tAEMC may make more preferred Rule in certain cases\n91B\tAEMC may make Rules that are consequential to a Rule request\n92\tContents of requests for Rules\n92A\tWaiver of fee for Rule requests\n93\tConsolidation of 2 or more Rule requests\n94\tInitial consideration of request for Rule\n94A\tAEMC may request further information from Rule proponent in certain cases\n95\tNotice of proposed Rule\n96\tPublication of non-controversial or urgent final Rule determination\n96AA\tPublication of final Rule determination for trial Rule\n96A\t\"Fast track\" Rules where previous public consultation by electricity market regulatory body or an AEMC review\n97\tRight to make written submissions and comments\n98\tAEMC may hold public hearings before draft Rule determination\n99\tDraft Rule determinations\n100\tRight to make written submissions and comments in relation to draft Rule determination\n101\tPre-final Rule determination hearings\n102\tFinal Rule determinations\n102A\tProposal to make more preferable Rule\n103\tMaking of Rule\n104\tOperation and commencement of Rule\n104A\tExtension of trial Rule\n104B\tAEMC may impose requirements on proponent of trial project on making trial Rule\n104C\tAEMC may revoke trial Rule on recommendation of AER\n104D\tSpecial provision for revocation of trial Rule\n105\tRule that is made to be published on website and made available to the public\n106\tEvidence of the National Electricity Rules\nDivision 4—Miscellaneous provisions relating to Rule making by the AEMC\n107\tExtensions of periods of time in Rule making procedure\n107A\tAEMC may extend period of time for making of final Rule determination for further consultation\n108\tAEMC may publish written submissions and comments unless confidential\n108A\tAEMC must publicly report on Rules not made within 12 months of public notification of requests\n108B\tSubsequent rule making by AEMC\nPart 8—Safety and security of the National Electricity System\n109\tDefinitions\n110\tAppointment of jurisdictional system security coordinator\n111\tJurisdictional system security coordinator to prepare jurisdictional load shedding guidelines\n112\tAEMO to develop load shedding procedures for each participating jurisdiction\n113\tExchange of information\n114\tAEMO to ensure maintenance of supply of sensitive loads\n115\tShedding and restoring of loads\n115A\tDetermination of customer load shedding arrangement\n116\tActions that may be taken to ensure safety and security of national electricity system\n117\tAEMO to liaise with Minister of this jurisdiction and others during an emergency\n118\tObstruction and non-compliance\nPart 8AA—Orderly exit management\nDivision 1—Preliminary\n118AA\tDefinitions\n118AB\tApplication of Part to jurisdiction\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Mandatory operation direction","content":"Division 2—Mandatory operation direction\n118AC\tGenerating units that may be subject to mandatory operation direction\n118AD\tMandatory operation direction\n118AE\tRegistered participant must comply with mandatory operation direction\n118AF\tMinister to make information public\n118AG\tAEMO to make information public\n118AH\tVoluntary agreement\n118AI\tMandatory operation direction applies to affiliates\n118AJ\tAmendment of mandatory operation direction\n118AK\tTermination of mandatory operation direction\n118AL\tClosure of generating unit after mandatory operation period\n118AM\tCompliance with obligations after closure of generating unit\n","sortOrder":4},{"sectionNumber":"Div 3","sectionType":"division","heading":"Information and reporting","content":"Division 3—Information and reporting\n118AN\tAEMO and AER may disclose information\n118AO\tInformation must be given to AER\n118AP\tAER may request other information\n118AQ\tInformation disclosure\n118AR\tAnnual performance report\nDivision 4—Financial matters\nSubdivision 1—Financial vehicle\n118AS\tEstablishment and functions of financial vehicle\nSubdivision 2—Orderly exit management fund\n118AT\tEstablishment of orderly exit management fund\n118AU\tPayments into orderly exit management fund\n118AV\tPayments from orderly exit management fund\n118AW\tPayments where mandatory operation direction not made\n118AX\tPayments where voluntary agreement made\nSubdivision 3—Payments to and by MOD generators\n118AY\tMinisterial order\n118AZ\tExcluded matter\nSubdivision 4—Orderly exit management cost recovery mechanism\n118AZA\tOrderly exit management contributions\n118AZB\tPublic notice of orderly exit management contributions\n118AZC\tOrderly exit management payments by distribution network service providers\n118AZD\tCost recovery by distribution network service providers\n","sortOrder":5},{"sectionNumber":"Div 5","sectionType":"division","heading":"Miscellaneous","content":"Division 5—Miscellaneous\n118AZE\tMinister not required to take certain actions before making mandatory operation direction\n118AZF\tNo liability for enactment or operation of Part\n118AZG\tReview of Part\n118AZH\tConsultation between NSW and ACT\nPart 8A—Smart metering services\nDivision 1—Interpretation\n118A\tDefinitions\nDivision 2—Ministerial pilot metering determinations\n118B\tMinisterial pilot metering determinations\n118C\tConsultation with interested persons required before making Ministerial pilot metering determination\nDivision 4—Provisions applicable to Ministerial smart metering determinations\n118F\tCompliance with Ministerial smart metering determinations\n118G\tMinister of participating jurisdiction must consult with other participating jurisdiction Ministers\n118H\tContent of Ministerial smart metering determinations\n118I\tPublication and giving of Ministerial smart metering determinations\n118J\tWhen Ministerial smart metering determinations take effect\n118K\tAEMC must publish Ministerial smart metering determination it receives on its website\nPart 9—Immunities\n119\tImmunity of AEMO and network service providers\n120\tImmunity in relation to failure to supply electricity\n120A\tImmunity in relation to use of computer software\n120B\tImmunity from liability—dispute resolution\n121\tImmunity from personal liability of AEMC officials\n122\tImmunity from personal liability of Reliability Panel\nPart 10—Access Disputes\nDivision 1—Interpretation and application\n123\tDefinitions\n124\tPart does not limit how disputes about access may be raised or dealt with\nDivision 2—Notification of access dispute\n125\tNotification of access dispute\n126\tWithdrawal of notification\n127\tParties to an access dispute\nDivision 3—Access determinations\n128\tDetermination of access dispute\n129\tAER may require parties to mediate, conciliate or engage in an alternative dispute resolution process\n130\tAccess determination must give effect to network revenue or pricing determination\n131\tAER may terminate access dispute in certain cases\n132\tAER must terminate access dispute if there is genuine competition\n133\tRestrictions on access determinations\n134\tAccess determination need not require the provision of an electricity network service\nDivision 4—Variation of access determinations\n135\tVariation of access determinations\nDivision 5—Compliance with access determinations\n136\tCompliance with access determination\nDivision 6—Access dispute hearing procedure\n137\tHearing to be in private\n138\tRight to representation\n139\tProcedure of AER\n140\tParticular powers of AER in a hearing\n141\tDisclosure of information\n142\tPower to take evidence on oath or affirmation\n143\tFailing to attend as a witness\n144\tFailing to answer questions etc\n145\tIntimidation etc\n146\tParty may request AER to treat material as confidential\n147\tCosts\n148\tOutstanding costs are a debt due to party awarded the costs\nDivision 7—Joint access dispute hearings\n149\tDefinition\n150\tJoint dispute hearing\n151\tConsulting the parties\n152\tConstitution and procedure of AER for joint dispute hearings\n153\tRecord of proceedings etc\nDivision 8—Miscellaneous matters\n154\tCorrection of access determinations for clerical mistakes etc\n155\tSubsequent network service provider bound by access determinations\n156\tRegulations about the charges to be paid by parties to access dispute for AER's costs in dispute hearing\nPart 11—General\n157\tPreventing or hindering access\n158\tFailure to make a decision under this Law or the Rules within time does not invalidate the decision\n159\tPenalty privilege\n160\tCourt may grant relief from liability\nSchedule 1—Subject matter for the National Electricity Rules\nSchedule 2—Miscellaneous provisions relating to interpretation\n1\tDisplacement of Schedule by contrary intention\nPart 2—General\n2\tLaw to be construed not to exceed legislative power of Legislature\n2A\tChanges of drafting practice not to affect meaning\n3\tEvery section to be substantive enactment\n4\tMaterial that is, and is not, part of Law\n5\tReferences to particular Acts and to enactments\n6\tReferences taken to be included in Act or Law citation etc\n7\tInterpretation best achieving Law's purpose\n8\tUse of extrinsic material in interpretation\n9\tCompliance with forms\nPart 3—Terms and references\n10\tDefinitions\n11\tProvisions relating to defined terms and gender and number\n12\tMeaning of may and must etc\n13\tWords and expressions used in statutory instruments\n14\tReferences to Minister\n15\tProduction of records kept in computers etc\n16\tReferences to this jurisdiction to be implied\n17\tReferences to officers and holders of offices\n18\tReference to certain provisions of Law\nPart 4—Functions and powers\n19\tPerformance of statutory functions\n20\tPower to make instrument or decision includes power to amend or repeal\n21\tMatters for which statutory instruments may make provision\n22\tPresumption of validity and power to make\n23\tAppointments may be made by name or office\n24\tActing appointments\n25\tPowers of appointment imply certain incidental powers\n26\tDelegation\n27\tExercise of powers between enactment and commencement\nPart 5—Distance and time\n28\tMatters relating to distance and time\nPart 6—Service of documents\n29\tService of documents and meaning of service by post etc\n30\tMeaning of service by post etc\nPart 6A—Evidentiary matters\nDivision 1—Publication on websites\n31AA\tDefinitions\n31AB\tPublication of relevant AER decisions on websites\nDivision 2—Evidentiary certificates\n31AC\tDefinitions\n31AD\tEvidentiary certificates—AER\n31AE\tEvidentiary certificates—AEMC\n31AF\tEvidentiary certificates—AEMO\n","sortOrder":6},{"sectionNumber":"Part 6B","sectionType":"part","heading":"Commencement of this Law and Statutory instruments","content":"Part 6B—Commencement of this Law and Statutory instruments\n31AH\tTime of commencement of this Law or a provision of this Law\n31AI\tTime of commencement of a Rule\nPart 7—Effect of repeal, amendment or expiration\n31\tTime of Law, the Regulations or Rules ceasing to have effect\n32\tRepealed Law, Regulation or Rule provisions not revived\n33\tSaving of operation of repealed Law, Regulation or Rule provisions\n34\tContinuance of repealed provisions\n35\tLaw and amending Acts to be read as one\nPart 8—Offences under this Law\n36\tPenalty at end of provision\n37\tPenalty other than at end of provision\n37A\tIndexation of civil penalty amounts\n37B\tIndexation of criminal penalties\n38\tIndictable offences and summary offences\n39\tDouble jeopardy\n40\tAiding and abetting, attempts etc\nPart 9—Instruments under this Law\n41\tSchedule applies to statutory instruments\n41A\tRate of return instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law\n41B\tReliability instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law\n42\tNational Electricity Rules to be construed so as not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law\n43\tInvalid Rules\n43A\tInvalid rate of return instrument\nSchedule 3—Savings and transitionals\nPart 1—General\n1\tDefinitions\nPart 2—General savings provision\n2\tSaving of operation of old National Electricity Law\nPart 3—National Electricity Code changes\n3\tCurrent Code change and derogation proposals to be dealt with under this Law\n4\tCurrent jurisdictional derogation proposals to be made under this Law\n4A\tTransitional arrangements relating to additional Minister initiated Rules\nPart 4—Registration\n5\tCode participants deemed to be Registered participants\n6\tExemptions\nPart 5—References to the National Electricity Code and specific provisions or terms\n7\tReferences to the National Electricity Code\n8\tReferences to provisions of the National Electricity Code\n9\tReferences to Code participants\nPart 6—Investigations and proceedings\n10\tInvestigations into breaches and possible breaches of the Code\n10A\tAER may conduct investigations into breaches or possible breaches of NEL not investigated by NECA\n10B\tAER may bring proceedings in relation to breaches of National Electricity Code in the Court\nPart 7—Funds\n11\tCivil penalties fund\nPart 8—Other\n12\tContinuation of Reliability Panel\n13\tJurisdictional system security coordinator\n14\tRights under certain change of law provisions in agreements or deeds not to be triggered\n15\tCertain undertakings to cease effect on commencement day\nPart 9—Tasmanian participation in the national electricity market\n16\tJurisdictional derogations relating to Tasmania's entry into national electricity market\n17\tDefinition of national electricity system to permit Tasmania to participate in national electricity market before commissioning of Basslink\n18\tOperation and effect of Rule 6A.21.2 of the National Electricity Rules\nPart 10—Transitional provisions related to AEMO amendments\n19\tDefinitions\n20\tInteraction between this Part and jurisdictional transitional arrangements\n21\tRecovery of costs of transition\n22\tTransitional special project expenditure\n23\tInterpretation of obsolete references\nPart 11—Application of National Energy Retail Law amendments\n24\tApplication of National Energy Retail Law amendments\nPart 12—Transitional provision related to ECA amendments\n25\tTransitional provision—AEMO's consumer advocacy funding obligation\nPart 13—Information publication\n26\tInformation publication\nPart 14—Transitional provision related to AER wholesale market reporting functions\n27\tTransitional provision related to AER wholesale market reporting functions\nPart 15—Transitional provision related to AEMC rule making powers\n28\tAEMC rule making powers\nPart 16—Transitional provisions for rate of return instrument\n29\tDefinitions\n30\tMaking first rate of return instrument if review not completed before commencement\n31\tMaking first rate of return instrument if review completed before commencement\n32\tApplication of this Law to particular decisions\nPart 17—Savings and transitional provisions related to Ministerial Council on Energy amendments\n33\tDefinitions\n34\tReferences to Ministerial Council on Energy\n35\tRights under certain change of law provisions in agreements or deeds not to be triggered\n36\tRights under contracts etc\n37\tSaving of decisions etc\nPart 18—Transitional provisions related to national electricity objective amendments\n38\tDefinitions\n39\tWhen amended objective takes effect for particular matters\n40\tApplication of national electricity objective to particular matters in progress on start day\n41\tAdministrative guidance about decisions under clause 40(3)\n42\tAdministrative guidance about value of greenhouse gas emissions\n43\tValidation of things done in relation to Rules before commencement\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the National Electricity (South Australia) Act 1996.\n3—Interpretation\n\t(1)\tIn this Act—\nNational Electricity (South Australia) Law means the provisions applying because of section 6 of this Act;\nNational Electricity (South Australia) Regulations means the provisions applying because of section 7 of this Act.\n\t(2)\tWords and expressions used in the National Electricity (South Australia) Law and in this Act have the same respective meanings in this Act as they have in that Law.\n\t(3)\tSubsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.\n4—Crown to be bound\nThis Act, the National Electricity (South Australia) Law and the National Electricity (South Australia) Regulations bind the Crown, not only in right of South Australia but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n5—Extra-territorial operation\nIt is the intention of the Parliament that the operation of this Act, the National Electricity (South Australia) Law and the National Electricity (South Australia) Regulations should, so far as possible, include operation in relation to the following:\n\t(a)\tland situated outside South Australia, whether in or outside Australia;\n\t(b)\tthings situated outside South Australia, whether in or outside Australia;\n\t(c)\tacts, transactions and matters done, entered into or occurring outside South Australia, whether in or outside Australia;\n\t(d)\tthings, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.\n","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"National Electricity (South Australia) Law and National Electricity (South Australia) Regulations","content":"Part 2—National Electricity (South Australia) Law and National Electricity (South Australia) Regulations\n6—Application in South Australia of National Electricity Law\nThe National Electricity Law set out in the Schedule to this Act, as in force for the time being—\n\t(a)\tapplies as a law of South Australia; and\n\t(b)\tas so applying may be referred to as the National Electricity (South Australia) Law.\n7—Application of regulations under National Electricity Law\nThe regulations in force for the time being under Part 4 of this Act—\n\t(a)\tapply as regulations in force for the purposes of the National Electricity (South Australia) Law; and\n\t(b)\tas so applying may be referred to as the National Electricity (South Australia) Regulations.\n8—Interpretation of some expressions in National Electricity (South Australia) Law and National Electricity (South Australia) Regulations\n\t(1)\tIn the National Electricity (South Australia) Law and the National Electricity (South Australia) Regulations—\nthe jurisdiction or this jurisdiction means the State of South Australia;\nLegislature of this jurisdiction means the Parliament of South Australia;\nthe National Electricity Law or this Law means the National Electricity (South Australia) Law;\nSupreme Court means the Supreme Court of South Australia.\n\t(2)\tThe Acts Interpretation Act 1915 does not apply to the National Electricity (South Australia) Law or the National Electricity (South Australia) Regulations.\n","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"Making of regulations and rules under National Electricity Law","content":"Part 4—Making of regulations and rules under National Electricity Law\n10—Definitions\nNational Electricity Law means the National Electricity Law set out in the Schedule to this Act as in force for the time being.\n11—General regulation-making power for National Electricity Law\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, the National Electricity Law.\n\t(2)\tRegulations under this Part may—\n\t(b)\tvary according to the persons, times, places or circumstances to which they are expressed to apply.\n\t(3)\tRegulations under this Part may be made only on the unanimous recommendation of the Ministers of the participating jurisdictions.\n\t(5)\tSection 10 of the Legislative Instruments Act 1978 does not apply to a regulation under this Part.\n12—Specific regulation-making power\n\t(1)\tWithout limiting the generality of section 11, the regulations may deal with matters of a transitional nature—\n\t(a)\trelating to the transition from the application of provisions of the old National Electricity Law to the application of provisions of the new National Electricity Law; or\n\t(b)\ton account of any amendments made from time to time to the new National Electricity Law.\n\t(2)\tAny provision of the regulations that deals with a matter of a transitional nature under subsection (1)(a) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of this subsection.\n\t(2a)\tAny provision of the regulations that deals with a matter of a transitional nature under subsection (1)(b) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of the relevant amendment.\n\t(3)\tIf a provision of a regulation is expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, the provision must also provide that the provision does not operate so as—\n\t(a)\tto prejudicially affect the rights of a person (other than a participating jurisdiction or the AEMC, the AER, AEMO (including when its name was NEMMCO) or AEMO T) existing before the date of making of those regulations; or\n\t(b)\tto impose liabilities on any person (other than a participating jurisdiction or the AEMC, the AER, AEMO (including when its name was NEMMCO) or AEMO T) in respect of anything done or omitted to be done before the date of making of those regulations.\nmatters of a transitional nature includes matters of an application or savings nature;\nnew National Electricity Law means the National Electricity Law set out in the Schedule to this Act as in force from time to time after the commencement of this subsection, or the Rules as in force from time to time after the commencement of this subsection;\nold National Electricity Law means the National Electricity Law set out in the Schedule to this Act as in force from time to time before the commencement of this subsection, or the Code as defined by that Law and in force from time to time before the commencement of this subsection.\n13—Making of rules\nThe Legislative Instruments Act 1978 does not apply to Rules made under the National Electricity Law.\n","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"Part 5—General\n14—Freedom of information\nThe following are exempt agencies for the purposes of the Freedom of Information Act 1991:\n\t(b)\tAEMO;\n\t(c)\tan agent of AEMO with respect to functions performed under the Rules.\n15—Conferral of functions and powers on Commonwealth bodies\n\t(1)\tClause 2 of Schedule 2 of the National Electricity Law will have effect in relation to the operation of any provision of this Act, or any regulation made under this Act, as if the provision or regulation formed part of the National Electricity Law.\n\t(2)\tSubsection (1) does not limit the effect that a provision or regulation would validly have apart from the subsection.\n15A—Regulation‑making power for the purposes of the National Electricity (South Australia) Law\nThe Governor may make such regulations as are contemplated by the National Electricity (South Australia) Law as being made under this Act as the application Act of this jurisdiction.\n15B—Regulation‑making power for purposes of scheme and fund in relation to electricity capacity\n\t(1)\tThe Governor may, by regulation, establish a scheme or a fund (or both) for the purposes of providing long duration dispatchable electricity capacity to ensure secure, reliable and affordable electricity supply for the State.\n\t(2)\tWithout limiting the matters that may be the subject of regulations under this section, the regulations may make provisions—\n\t(a)\testablishing bodies and providing for the appointment of persons to perform functions in respect of the scheme; and\n\t(b)\timposing duties and obligations on market participants (within the meaning of the National Electricity Rules), including to provide or procure capacity; and\n\t(c)\tenabling the Minister to issue directions and make declarations and guidelines in respect of the scheme; and\n\t(d)\tenabling the Minister to make rules (the rules) in respect of the scheme; and\n\t(e)\tenabling the Minister or another entity conferred with functions under the scheme to delegate their functions to another entity; and\n\t(f)\tcreating offences for contravention of the scheme; and\n\t(g)\tproviding for, or for the calculation of, penalties (whether civil or criminal) in connection with the scheme; and\n\t(h)\timposing fees and charges on, and providing for the making of financial contributions by, market participants (within the meaning of the National Electricity Rules) in respect of the scheme, including for the purposes of recovering the costs of the scheme; and\n\t(i)\trequiring market participants (within the meaning of the National Electricity Rules) to make contributions to the fund (including in accordance with any scheme); and\n\t(j)\tspecifying the purposes for which money in the fund may be expended (including for the purposes of any scheme); and\n\t(k)\tproviding for dispute resolution, review and appeal mechanisms and the conferral of jurisdiction on a court, tribunal or other body to hear and determine proceedings for the purposes of such mechanisms; and\n\t(l)\tmodifying the application of, or disapplying a provision of, the National Electricity (South Australia) Law or the National Electricity Rules to the extent reasonably necessary to enable the operation of the scheme or the fund (or both); and\n\t(m)\timposing or varying conditions on licences issued under Part 3 Division 1 of the Electricity Act 1996, despite any provision of that Act.\n\t(3)\tThe regulations and the rules may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the making of regulations or rules under this section; and\n\t(d)\tprovide that a matter or thing in respect of which regulations or rules may be made is to be determined according to the discretion of the Minister or another entity; and\n\t(e)\tapply, incorporate, adopt or make reference to, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another entity.\n\t(4)\tIf a code, standard or other document is referred to or incorporated in the regulations or the rules—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations or rules (as the case requires); and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n","sortOrder":10},{"sectionNumber":"Part 6","sectionType":"part","heading":"Transfer of economic regulation of electricity distribution to AER—local provisions","content":"Part 6—Transfer of economic regulation of electricity distribution to AER—local provisions\n16—Interpretation\n\t(1)\tIn this Part, unless the contrary intention appears—\nEPO means the Electricity Pricing Order made by the Treasurer under section 35B of the Electricity Act 1996 on 11 October 1999, as varied from time to time under that Act;\nESCoSA means the Essential Services Commission established under the Essential Services Commission Act 2002;\nESCoSA distribution determination means the 2005-2010 Electricity Distribution Price Determination made by ESCoSA in April 2005, as varied from time to time;\nETSA Utilities has the same meaning as in the EPO;\nNational Electricity Law means the National Electricity Law set out in the Schedule to this Act as in force from time to time;\nNEC means the National Electricity Code;\nnetwork services has the same meaning as in the Electricity Act 1996;\nrelevant Amendment Act means the National Electricity (South Australia) (National Electricity Law—Miscellaneous Amendments) Amendment Act 2007;\nrelevant day means the day on which the relevant Amendment Act comes into operation;\nsmall customer has the same meaning as in the Electricity Act 1996.\n\t(2)\tA reference in this Part to the National Electricity Law includes a reference to the old National Electricity Law.\n17—Provision of information and assistance by ESCoSA\n\t(1)\tDespite any other Act or law, ESCoSA is authorised, on its own initiative or at the request of the AER—\n\t(a)\tto provide the AER with such information (including information given in confidence) in the possession or control of ESCoSA that is reasonably required by the AER for the purposes of this Part or the National Electricity Law; and\n\t(b)\tto provide the AER with such other assistance as is reasonably required by the AER to perform or exercise a function or power under this Part or the National Electricity Law.\n\t(2)\tDespite any other Act or law, ESCoSA may authorise the AER to disclose information provided under subsection (1) even if the information was given to ESCoSA in confidence.\n\t(3)\tNothing done, or authorised to be done, by ESCoSA in acting under subsection (1) or (2)—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law; or\n\t(b)\tconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(c)\tconstitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or\n\t(d)\tconstitutes a civil or criminal wrong; or\n\t(e)\tterminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\n\t(f)\treleases a surety or any other obligee wholly or in part from an obligation.\n18—Price determinations\n\t(1)\tThe ESCoSA distribution determination continues in operation for the purposes of the law of the State despite the amendments to the National Electricity (South Australia) Law effected by the relevant Amendment Act until the end of the regulatory period specified by that determination.\n\t(2)\tESCoSA—\n\t(a)\twill continue to be responsible for the operation, administration and enforcement of the ESCoSA distribution determination; and\n\t(b)\twill cease to be responsible to make a further distribution determination in respect of ETSA Utilities from the relevant day.\n\t(3)\tIn connection with the operation of subsections (1) and (2)(a), the National Electricity Law, the Rules, the NEC and the EPO, as in force from time to time before the commencement of this subsection, will be taken to continue to apply with respect to the ESCoSA distribution determination (and the amendments effected by the relevant Amendment Act will be disregarded).\n\t(4)\tOn or after the relevant day, the AER must, when acting under the National Electricity (South Australia) Law—\n\t(a)\tcomply with the requirements under subsection (5); and\n\t(b)\tgive effect to the provisions of the EPO (as in force from time to time).\n\t(5)\tThe requirements under this subsection are as follows:\n\t(a)\tthe AER must, in making a distribution determination or approving a pricing proposal for the purposes of the Rules, ensure that the prices charged to small customers for network services in relation to distribution services in the State are not subject to variation on the basis of location;\n\t(b)\tthe AER must only approve a distribution loss factor that has been calculated for the purposes of the Rules by ETSA Utilities if the distribution loss factor—\n\t(i)\thas been calculated on a State‑wide basis by reference to voltage level and proximity of a customer's metering point to a transformer; and\n\t(ii)\tis not related to the relative length of a distribution line involved in supplying electricity to the customer;\n\t(c)\tthe AER must determine any transmission loss factor using a single virtual transmission node for small customers that has been calculated for the purposes of the Rules by the holder of a licence under the Electricity Act 1996 authorising the operation of a transmission network on a State‑wide basis;\n\t(d)\tthe AER must ensure that any method of allocation agreed with ETSA Utilities in relation to transmission use of system costs paid by ETSA Utilities requires the allocation of those costs to ETSA Utilities' small customers on a State‑wide basis that ensures that the rates charged with respect to all such small customers are not subject to variation on the basis of location.\n\t(6)\tIn connection with the operation of subsections (4) and (5)—\n\t(a)\tthe EPO will be taken to continue to apply as if the AER were the Regulator under the EPO; and\n\t(b)\tfor the avoidance of doubt, in the event of an inconsistency between the operation or effect of subsection (5) and the EPO, subsection (5) prevails.\n\t(7)\tSubsections (4), (5) and (6) apply until the EPO is varied or revoked so that it no longer applies to distribution determinations.\n\t(8)\tThis section applies despite any provision to the contrary in the National Electricity Law or the Rules (and, to the extent of any inconsistency between such a provision and the operation or effect of this section, this section prevails).\n","sortOrder":11},{"sectionNumber":"Part 7","sectionType":"part","heading":"AEMO's additional advisory functions","content":"Part 7—AEMO's additional advisory functions\n19—AEMO's additional advisory functions\n\t(1)\tSubdivision 2 of Division 2 of Part 5 of the National Electricity (South Australia) Law applies to, and in relation to, South Australia.\n\t(2)\tFor the purposes of the National Electricity (South Australia) Law, declared power system means a system for the generation, transmission and distribution of electricity in South Australia and includes part of such a system.\n","sortOrder":12},{"sectionNumber":"Part 8","sectionType":"part","heading":"Validation of instruments and decisions of AER","content":"Part 8—Validation of instruments and decisions of AER\n20—Validation of instruments and decisions made by AER\n\t(1)\tThis section applies to an instrument or decision made by the AER if—\n\t(a)\tthe instrument or decision was made—\n\t(i)\ton or after the time that the amendments of the National Electricity Law by the Statutes Amendment (National Energy Retail Law) Act 2011 were enacted; but\n\t(ii)\tbefore the time (the application time) that the amendments started to apply under this Act as a law of South Australia; and\n\t(b)\thad the amendments started so to apply the making of the instrument or decision would have been authorised by or under one of the following laws (the authorising law):\n\t(i)\tthe National Electricity (South Australia) Law;\n\t(ii)\tthe National Electricity (South Australia) Regulations;\n\t(iii)\tthis Act;\n\t(iv)\tan instrument made or having effect under this Act; and\n\t(c)\tin a case in which the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n\t(2)\tFor the purposes of the authorising law—\n\t(a)\tthe instrument or decision is taken to be valid; and\n\t(b)\tthe instrument or decision has effect from the application time—\n\t(i)\tas varied, and unless revoked, by any other instrument or decision to which this section applies; and\n\t(ii)\tsubject to that law as so applying.\n\t(3)\tFor the purposes of this section—\n\t(a)\tguidelines are an example of an instrument; and\n\t(b)\tthe following are examples of decisions:\n\t(i)\tappointments;\n\t(ii)\tdeterminations;\n\t(iii)\tapprovals.\n21—AER—authorisation of preparatory steps\n\t(a)\tthe AER is required to do something (a preparatory step) before making a decision or making an instrument under one of the following (the authorising law):\n\t(i)\tthe National Electricity (South Australia) Law;\n\t(ii)\tthe National Electricity (South Australia) Regulations;\n\t(iii)\tthis Act;\n\t(iv)\tan instrument made or having effect under this Act; and\n\t(b)\tthe preparatory step would have been required under the authorising law if the amendments of the National Electricity Law made by the Statutes Amendment (National Energy Retail Law) Act 2011 had started to apply under this Act as a law of South Australia; and\n\t(c)\tthe AER takes the preparatory step—\n\t(i)\ton or after the time that the amendments were enacted; but\n\t(ii)\tbefore the time that the amendments started to apply under this Act as a law of South Australia.\n\t(2)\tFor the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.\nSchedule—National Electricity Law\n\n1—Citation\nThis Law may be referred to as the National Electricity Law.\n2—Definitions\n\t(1)\tIn this Law—\naccess determination means a determination of the AER under Part 10;\naccess dispute has the meaning given by section 2A;\nadditional advisory functions—AEMO's additional advisory functions are as set out in section 50B(1);\nadditional Minister initiated Rules means Rules made under Part 7, Division 2 (other than section 90) by the South Australian Minister;\nadoptive jurisdiction means (according to context)—\n\t(a)\ta participating jurisdiction for which AEMO is authorised to exercise its additional advisory functions; or\n\t(b)\ta participating jurisdiction for which AEMO is authorised to exercise its declared network functions;\nAEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;\nAEMC initiated Rule means a Rule of the kind referred to in section 91(2);\nAEMO amendments means—\n\t(a)\tthe amendments to this Law made by the National Electricity (South Australia) (National Electricity Law—Australian Energy Market Operator) Amendment Act 2009; and\n\t(b)\tthe amendments to the Rules made by the National Electricity (South Australia) (National Electricity Rules—Australian Energy Market Operator) Amendment Rules 2009;\nAER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth;\nAER economic regulatory decision means a decision (however described) of the AER under this Law or the Rules performing or exercising an AER economic regulatory function or power;\nAER economic regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to—\n\t(a)\tthe economic regulation of services provided by—\n\t(i)\ta regulated distribution system operator by means of, or in connection with, a distribution system; or\n\t(ii)\ta regulated transmission system operator or AEMO by means of, or in connection with, a transmission system; or\n\t(b)\tthe preparation of a network service provider performance report; or\n\t(c)\tthe making of a transmission determination or distribution determination; or\n\t(d)\tan access determination;\nThe application of a rate of return instrument under this Law is an AER economic regulatory function or power. See section 18V(2).\nAER market liquidity obligation functions means the functions conferred on the AER under section 15(1)(eba);\nAER trial waiver functions means the functions conferred on the AER under Part 3 Division 1D;\nAER wholesale market monitoring functions—the AER wholesale market monitoring functions are as set out in section 18C(1);\nAER wholesale market reporting functions—the AER wholesale market reporting functions are as set out in section 18C(2);\nannual turnover has the same meaning as in section 2(1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth;\napplication Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law;\nassociate in relation to a person has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13, 16(2) and 17 did not form part of that Act;\naugmentation of a transmission or distribution system means work to enlarge the system or to increase its capacity to transmit or distribute electricity;\naugmentation connection agreement means an agreement for connecting an augmentation to a declared shared network;\nAustralian Energy Market Operator or AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);\nBefore its change of name, AEMO was known as NEMMCO.\nCDR data has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth;\nCDR provisions has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth;\nchangeover date means 1 July 2009 or some other date fixed as the changeover date by Ministerial Gazette notice;\ncivil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings but does not include a liability for a civil penalty or an infringement penalty under this Law or a liability for the costs of a proceeding;\ncivil penalty—see section 2AB;\ncivil penalty provision—see section 2AA(1);\nconduct provision—see section 2AA(2);\nconnection service means a connection service within the meaning of the Rules;\nconstituent components, in relation to a relevant regulatory decision, means the matters that constitute the elements or components of the relevant regulatory decision and on which that relevant regulatory decision is based and includes—\n\t(a)\tmatters that go to the making of the relevant regulatory decision; and\n\t(b)\tdecisions made by the AER for the purposes of the relevant regulatory decision;\nCourt means—\n\t(a)\twhere this Law applies as a law of the Commonwealth, the Federal Court;\n\t(b)\twhere this Law applies as a law of a participating jurisdiction that is a State or a Territory, the Supreme Court of that jurisdiction;\ndata holder has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth;\nderogation means a jurisdictional derogation or participant derogation;\ndeclared network functions—AEMO's declared network functions are as set out in section 50C(1);\ndeclared power system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;\ndeclared shared network of an adoptive jurisdiction means the adoptive jurisdiction's declared transmission system excluding any part of it that is a connection asset within the meaning of the Rules;\ndeclared transmission system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction and includes any augmentation of the defined declared transmission system;\ndeclared transmission system operator of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;\ndesignated energy sector means an energy sector designated under section 56AC of the Competition and Consumer Act 2010 of the Commonwealth;\ndirect control network service has the meaning given by section 2B;\nDispute resolution panel means a person or panel of persons appointed under the Rules to hear and determine a rule dispute;\ndistribution determination means a determination of the AER under the Rules that regulates any 1 or more of the following:\n\t(a)\tthe terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a distribution system charges or may charge for those services;\n\t(b)\tthe revenue an owner, controller or operator of a distribution system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules;\ndistribution reliability standard means a standard imposed by or under the Rules or jurisdictional electricity legislation relating to the reliability or performance of a distribution system;\ndistribution service standard means a standard relating to the standard of services provided by a regulated distribution system operator by means of, or in connection with, a distribution system imposed—\n\t(a)\tby or under jurisdictional electricity legislation; or\n\t(b)\tby the AER in accordance with the Rules;\ndistribution system means the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity that the Rules specify as, or as forming part of, a distribution system and includes a regulated stand‑alone power system to the extent provided by the Rules;\ndistribution system safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to—\n\t(a)\tthe safe distribution of electricity in that jurisdiction; or\n\t(b)\tthe safe operation of a distribution system in that jurisdiction;\ndraft Rule determination means a determination of the AEMC under section 99;\nECA amendments means the amendments to this Law made by the Statutes Amendment (Energy Consumers Australia) Act 2014 of South Australia;\neffective competition, for Part 3 Division 1A—see section 18B;\nelectricity contract, for Part 3 Division 1A—see section 18A;\nelectricity network service means a service provided by means of, or in connection with, a transmission system or distribution system;\nelectricity services means services that are necessary or incidental to the supply of electricity to consumers of electricity, including—\n\t(a)\tthe generation of electricity;\n\t(b)\telectricity network services;\n\t(c)\tthe sale of electricity;\nend user means a person who acquires electricity for consumption purposes, and includes a retail customer;\nEnergy Consumers Australia or ECA means the company incorporated, or to be incorporated, by the name Energy Consumers Australia Limited;\nenergy ombudsman has the same meaning as in the National Energy Retail Law;\nEnergy Security Board means the Board established by the MCE on 14 July 2017 to provide the MCE with advice for the purposes of—\n\t(a)\twhole‑of‑system oversight for energy security and reliability of the national electricity market; and\n\t(b)\timproving long‑term planning for the national electricity market;\nFederal Court means the Federal Court of Australia;\nfinal Rule determination means a determination of the AEMC under section 102;\nfinancial risk management product, for Part 3 Division 1A—see section 18A;\nform of regulation factors has the meaning given by section 2F;\ngeneral market information order means an order under section 53(1)(a) requiring information from persons of a class specified in the order;\ngeneral regulatory information order has the meaning given by section 28C;\ninitial National Electricity Rules means the National Electricity Rules made under section 90;\ninnovative trial principles—see section 7B;\ninterconnected national electricity system means the interconnected transmission and distribution system in this jurisdiction and in the other participating jurisdictions used to convey and control the conveyance of electricity to which are connected—\n\t(a)\tgenerating systems and other facilities; and\n\t(b)\tloads settled through the wholesale exchange operated and administered by AEMO under this Law and the Rules;\njurisdictional derogation means a Rule made at the request of a Minister of a participating jurisdiction that—\n\t(a)\texempts, in a specified case or class of cases, a person or a body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or a class of such a person or body, or AEMO, from complying with a provision, or a part of a provision, of the Rules in the participating jurisdiction to which the derogation relates; or\n\t(b)\tmodifies or varies the application of a provision of the Rules (with or without substitution of a provision of the Rules or a part of a provision of the Rules) to a person or a body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or a class of such a person or body, or AEMO, in the participating jurisdiction to which the derogation relates;\njurisdictional electricity legislation means an Act of a participating jurisdiction (other than national electricity legislation), or any instrument made or issued under or for the purposes of that Act, that regulates the generation, transmission, distribution, supply or sale of electricity in that jurisdiction;\njurisdictional regulator means—\n\t(a)\tif this Law is applied as a law of the State of New South Wales—\n\t(i)\tthe Independent Pricing and Regulatory Tribunal of New South Wales established by section 5(1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales; or\n\t(ii)\tif the functions or powers of the Independent Pricing and Regulatory Tribunal of New South Wales under this Law are transferred to the AER by or under a law of New South Wales, the AER;\n\t(b)\tif this Law is applied as a law of the State of Victoria—\n\t(i)\tthe Essential Services Commission established by section 7(1) of the Essential Services Commission Act 2001 of Victoria; or\n\t(ii)\tif the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of Victoria, the AER;\n\t(c)\tif this Law is applied as a law of the State of Queensland—\n\t(i)\tthe Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland; or\n\t(ii)\tif the functions or powers of the Queensland Competition Authority under this Law are transferred to the AER by or under a law of Queensland, the AER;\n\t(d)\tif this Law is applied as a law of the State of South Australia—\n\t(i)\tthe Essential Services Commission established by section 4(1) of the Essential Services Commission Act 2002 of South Australia; or\n\t(ii)\tif the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of South Australia, the AER;\n\t(e)\tif this Law is applied as a law of the Australian Capital Territory—\n\t(i)\tthe Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5(1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory; or\n\t(ii)\tif the functions or powers of the Independent Competition and Regulatory Commission for the Australian Capital Territory under this Law are transferred to the AER by or under a law of the Australian Capital Territory, the AER;\n\t(f)\tif a person or body referred to in paragraphs (a) to (e) is abolished under an Act of a participating jurisdiction and another person or body is established under an Act of that participating jurisdiction with functions and powers that correspond to the functions and powers of the person or body referred to in paragraphs (a) to (e), that other person or body;\n\t(g)\tif the functions and powers of a person or body referred to in paragraphs (a) to (e) are transferred to another person or body established under an Act of the relevant participating jurisdiction, that other person or body;\n\t(h)\tany other person or body established under an Act of a participating jurisdiction that is prescribed by the Regulations as a jurisdictional regulator of that jurisdiction;\njurisdictional system security coordinator means a person appointed under section 110;\nliable entity—see section 14D;\nlisted corporation has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth;\nmarket information instrument means a general market information order or a market information notice;\nmarket information notice means a notice under section 53(1)(b) requiring information from the person to whom the notice is addressed;\nmarket liquidity obligation means the obligation imposed by Rules made under Schedule 1 item 6G and includes matters related to the obligation;\nmarket monitoring information notice, for Part 3 Division 1A—see section 18EC;\nmarket monitoring information order, for Part 3 Division 1A—see section 18EC;\nMCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows:\n\t(a)\t1 Minister from the Commonwealth;\n\t(b)\t1 Minister from each State (totalling 6 Ministers);\n\t(c)\t1 Minister from each Territory (totalling 2 Ministers),\nacting in accordance with its own procedures;\nMCE directed review means a review conducted by the AEMC under Division 4 of Part 4;\nMCE statement of policy principles means a statement of policy principles issued by the MCE under section 8;\nMinisterial Gazette notice means a notice in the South Australian Government Gazette published by the South Australian Minister on the recommendation of the MCE;\nMinisterial pilot metering determination means a determination made under section 118B;\nMinisterial smart metering determination means—\n\t(b)\ta Ministerial pilot metering determination;\nMinister of a participating jurisdiction means a Minister who is a Minister of a participating jurisdiction within the meaning of section 6;\nmonitored market, for Part 3 Division 1A—see section 18A;\nNational Electricity Code means the code of conduct called the National Electricity Code approved, in accordance with section 6(1) of the old National Electricity Law, as the initial Code for the purposes of that Law, and as amended from time to time in accordance with its terms and the old National Electricity Law;\nnational electricity legislation means—\n\t(a)\tthe National Electricity (South Australia) Act 1996 of South Australia and Regulations in force under that Act; and\n\t(b)\tthe National Electricity (South Australia) Law; and\n\t(c)\tan Act of a participating jurisdiction (other than South Australia) that applies, as a law of that jurisdiction, any part of—\n\t(i)\tthe Regulations referred to in paragraph (a); or\n\t(ii)\tthe National Electricity Law set out in the Schedule to the Act referred to in paragraph (a); and\n\t(d)\tthe National Electricity Law set out in the Schedule to the Act referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia); and\n\t(e)\tthe Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia);\nnational electricity market means—\n\t(a)\tthe wholesale exchange operated and administered by AEMO under this Law and the Rules; and\n\t(b)\tthe national electricity system;\nnational electricity objective means the objective set out in section 7;\nNational Electricity Rules or Rules means—\n\t(a)\tthe initial National Electricity Rules; and\n\t(ab)\tadditional Minister initiated Rules; and\n\t(b)\tRules made by the AEMC under this Law, including Rules that amend or revoke—\n\t(i)\tthe initial National Electricity Rules or additional Minister initiated Rules; or\n\t(ii)\tRules made by it;\nnational electricity system means—\n\t(a)\tthe generating systems and other facilities owned, controlled or operated in the participating jurisdictions connected to the interconnected national electricity system; and\n\t(b)\tthe interconnected national electricity system; and\n\t(c)\tregulated stand‑alone power systems;\nNational Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia;\nNational Energy Retail Rules has the same meaning as in the National Energy Retail Law;\nNational Gas Law means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia;\nNational Gas Rules has the same meaning as in the National Gas Law;\nnational transmission grid means the transmission systems that form part of the interconnected national electricity system;\nNational Transmission Planner means AEMO acting in the performance of NTP functions;\nnegotiated network service has the meaning given by section 2C;\nNEMMCO means National Electricity Market Management Company Limited (ACN 072 010 327);\nNEMMCO becomes AEMO (without change of corporate identity). A reference to NEMMCO is a reference to AEMO before its change of name.\nnetwork agreement means the agreement required by section 50D(1);\nnetwork revenue or pricing determination means a distribution determination or a transmission determination;\nnetwork service provider means a Registered participant registered for the purposes of section 11(2) that owns, controls or operates a transmission system or distribution system that forms part of the interconnected national electricity system or that owns, controls or operates a regulated stand‑alone power system;\nnetwork service provider performance report means a report prepared by the AER under section 28V;\nnetwork service user means a user who is provided with an electricity network service;\nNTP functions means the functions described in section 49(2);\noffence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court;\nofficer has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth;\nold National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time before the commencement of section 12 of the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia;\nparticipant derogation means a Rule made at the request of a person who is conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or AEMO, that—\n\t(a)\texempts, in a specified case or class of cases, that person or a class of person of which that person is a member, or AEMO, from complying with a provision, or a part of a provision, of the Rules, including a jurisdictional derogation; or\n\t(b)\tmodifies or varies the application of a provision of the Rules, including a jurisdictional derogation, (with or without substitution of a provision of the Rules or a part of a provision of the Rules) to that person or class of person of which that person is a member, or AEMO;\nparticipating jurisdiction means a jurisdiction that is a participating jurisdiction within the meaning of section 5;\npower system security means the safe scheduling and dispatch, and operation and control, of the national electricity system (other than regulated stand‑alone power systems);\nprospective network service user means a person who seeks or wishes to be provided with an electricity network service;\nprotected information has the meaning given by section 54(1);\nrate of return instrument—see section 18I(2);\nRegistered participant means a person who is registered as such by AEMO under this Law and the Rules or is registered as such by AEMO otherwise in accordance with the Rules;\nregulated distribution system operator means an owner, controller or operator of a distribution system—\n\t(a)\twho is a Registered participant; and\n\t(b)\twhose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a distribution determination;\nregulated network service provider means—\n\t(a)\ta regulated distribution system operator; or\n\t(b)\ta regulated transmission system operator;\nregulated stand‑alone power system—see section 6B;\nregulated transmission system operator means an owner, controller or operator of a transmission system—\n\t(a)\twho is a Registered participant; and\n\t(b)\twhose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a transmission determination;\nRegulations means the regulations made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia that apply as a law of this jurisdiction;\nregulatory information instrument means a general regulatory information order or a regulatory information notice;\nregulatory information notice has the meaning given by section 28D;\nregulatory obligation or requirement has the meaning given by section 2D;\nregulatory payment has the meaning given by section 2E;\nrelevant agreement, for Part 3 Division 1A—see section 18A;\nrelevant court means any court of this jurisdiction;\nrelevant regulatory decision means—\n\t(a)\ta network revenue or pricing determination that specifies a period to be a regulatory period for the purposes of the determination; or\n\t(b)\tany other determination (including a distribution determination or transmission determination) or decision of the AER that is prescribed by the Regulations to be a relevant regulatory decision,\nbut does not include a decision of the AER made under Part 3 Division 6;\nreliability obligation civil penalty provision—see section 2AA(1a);\nreliability obligations means the obligations that apply to a liable entity under sections 14P(1) and (3) and 14R(2);\nReliability Panel means the panel of persons established by the AEMC under section 38;\nretail customer means a person to whom electricity is sold by a retailer, and supplied in respect of connection points, for the premises of the person, and includes a person (or a person who is of a class of persons) prescribed by the Rules for the purposes of this definition;\nretailer means a person who is the holder of a retailer authorisation issued under the National Energy Retail Law in respect of the sale of electricity;\nRetailer Reliability Obligation means—\n\t(a)\tPart 2A of this Law; and\n\t(b)\tthe provisions of the Rules that relate to Part 2A of this Law;\nrevenue and pricing principles means the principles set out in section 7A;\nRule dispute means a dispute between persons in relation to a matter or thing arising under the Rules in respect of which the Rules provide that the dispute must be resolved in accordance with the Rules;\nshared network capability service means a service described in section 50D(1) as a shared network capability service;\nshared transmission service means a service classified under the Rules as a shared transmission service;\nsmart meter amendments means the amendments to this Law made by section 5 of the National Electricity (South Australia) (Smart Meters) Amendment Act 2009 of South Australia;\nSouth Australian Minister means the Minister of the Crown in right of South Australia who administers Part 2 of the National Electricity (South Australia) Act 1996 of South Australia;\nstatutory functions, in relation to AEMO, means functions or powers conferred under—\n\t(a)\tthis Law or the Rules; or\n\t(b)\tthe National Gas Law, the National Gas Rules, or related subordinate legislation;\nsuperseded jurisdictional rules means—\n\t(a)\tlegislation (including subordinate legislation) of a participating jurisdiction regulating the electricity industry in that jurisdiction that—\n\t(i)\twas in force immediately before the changeover date; and\n\t(ii)\tis superseded by the AEMO amendments; and\n\t(b)\ta licence condition governing the activities of the licensee in, or in relation to, an electricity market in a participating jurisdiction—\n\t(i)\tin force immediately before the changeover date; and\n\t(ii)\tsuperseded by the AEMO amendments; and\n\t(c)\ta guideline, code, standard or other instrument governing the operation or regulation of an electricity market in a participating jurisdiction—\n\t(i)\tmade or issued by the jurisdictional regulator; and\n\t(ii)\tin force immediately before the changeover date; and\n\t(iii)\tsuperseded by the AEMO amendments;\nTerritory means the Australian Capital Territory or the Northern Territory;\ntransmission determination means a determination of the AER under the Rules that regulates any 1 or more of the following:\n\t(a)\tthe terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a transmission system charges or may charge for those services;\n\t(b)\tthe revenue an owner, controller or operator of a transmission system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules;\ntransmission reliability standard means a standard imposed by or under the Rules or jurisdictional electricity legislation relating to the reliability or performance of a transmission system;\ntransmission service standard means a standard relating to the standard of services provided by a regulated transmission system operator by means of, or in connection with, a transmission system imposed—\n\t(a)\tby or under jurisdictional electricity legislation; or\n\t(b)\tby the AER in accordance with the Rules;\ntransmission system means the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity that the Rules specify as, or forming part of, a transmission system;\ntransmission system safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to—\n\t(a)\tthe safe transmission of electricity in that jurisdiction; or\n\t(b)\tthe safe operation of a transmission system in that jurisdiction;\ntrial project means a project—\n\t(a)\tthat—\n\t(i)\tthe AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or\n\t(ii)\tthe AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and\n\t(b)\tthat tests an approach in relation to the supply of, or demand for, electricity;\ntrial Rule—see section 87;\ntrial waiver—see section 18ZL;\nTribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal;\nVENCorp means the Victorian Energy Networks Corporation continued under Part 8 of the Gas Industry Act 2001 of Victoria until the AEMO amendments came into force;\nwholesale electricity market means any wholesale market for electricity regulated under this Law and the Rules.\n\t(2)\tA reference in this Law to an end user includes a reference to a prospective end user.\n2A—Meaning of access dispute\nAn access dispute is—\n\t(a)\ta dispute between a network service user (or prospective network service user) and a network service provider about an aspect of access to an electricity network service specified by the Rules to be an aspect to which Part 10 applies; or\n\t(b)\twithout limiting paragraph (a)—a dispute between a retail customer (or other person specified by the Rules) and a regulated distribution system operator about an aspect of access to a connection service specified by the Rules to be an aspect to which Part 10 applies.\n2AA—Meaning of civil penalty provision and conduct provision\n\t(1)\tA civil penalty provision is—\n\t(a)\ta provision of this Law specified in the Table at the foot of this subsection; or\n\t(ba)\ta reliability obligation civil penalty provision; or\n\t(c)\ta provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a civil penalty provision.\n\nTable\nProvision\nSection heading\nSection 11(1), (2), (3) and (4)\nElectricity market activities in this jurisdiction\nRegulated transmission system operator must comply with transmission determination\nRegulated distribution system operator must comply with distribution determination\nSection 14P(1) and (3)\nObligation to report net contract position\nSection 18ZC(1) and (2)\nObligation of regulated entities to keep records\nObligation of regulated entities to provide information and data about compliance\nSection 18ZF(1) and (3)\nCompliance audits by regulated entities\nCompliance with regulatory information notice that is served\nCompliance with general regulatory information order\nSection 50D(1)\nNetwork agreement\nSection 50F(1), (4) and (5)\nAugmentation\nSection 53C(3) and (4)\nCompliance with market information instrument\nCompliance with access determination\nSection 157(1)\nPreventing or hindering access\n\t(1a)\tA reliability obligation civil penalty provision is section 14R(2).\n\t(2)\tA conduct provision is a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a conduct provision.\n2AB—Civil penalty amounts for breaches of civil penalty provisions\n\t(1)\tSubject to this section, the civil penalty for a breach of a civil penalty provision is—\n\t(a)\tin the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b), (c) or (d)—\n\t(i)\tif the breach is by a natural person—\n\t(A)\tan amount not exceeding $33 900; plus\n\t(B)\tan amount not exceeding $3 390 for every day during which the breach continues;\n\t(A)\tan amount not exceeding $170 000; plus\n\t(B)\tan amount not exceeding $17 000 for every day during which the breach continues; or\n\t(b)\tin the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph—\n\t(i)\tif the breach is by a natural person—\n\t(A)\tan amount not exceeding $287 000; plus\n\t(B)\tan amount not exceeding $14 400 for every day during which the breach continues;\n\t(A)\tan amount not exceeding $1 435 000; plus\n\t(B)\tan amount not exceeding $71 800 for every day during which the breach continues; or\n\t(c)\tin the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph—\n\t(i)\tif the breach is by a natural person—an amount not exceeding $500 000;\n\t(ii)\tif the breach is by a body corporate—an amount not exceeding the greater of the following:\n\t(A)\t$10 000 000;\n\t(B)\tif the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;\n\t(C)\tif the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12‑month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision; or\n\t(d)\tin the case of a breach of a reliability obligation civil penalty provision—\n\t(i)\tif the breach is by a natural person—an amount not exceeding $1 435 000;\n\t(A)\tan amount not exceeding $1 435 000 for a breach that relates to a reliability gap period; or\n\t(B)\tan amount that applies under paragraph (c)(ii), as if the reliability obligation civil penalty provision were prescribed by the Regulations for the purposes of paragraph (c), for a breach that relates to a second or subsequent reliability gap period.\nSee section 67A, which deals with conduct that constitutes a breach of a reliability obligation civil penalty provision on 2 or more occasions in relation to the same reliability gap period.\nSee Schedule 2 clause 37A, which provides for the amounts specified in this subsection to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n\t(2)\tSubsection (1)(c)(ii)(B) or (C) will only apply in a particular case (including by operation of subsection (1)(d)(ii)(B)) if the AER, in applying for an order under section 61(2)(a), requests that those provisions be applied in that particular case.\n2B—Meaning of direct control network service\nA direct control network service is an electricity network service—\n\t(a)\tthe Rules specify as a service the price for which, or the revenue to be earned from which, must be regulated under a distribution determination or transmission determination; or\n\t(b)\tif the Rules do not do so, the AER specifies, in a distribution determination or transmission determination, as a service the price for which, or the revenue to be earned from which, must be regulated under the distribution determination or transmission determination.\n2C—Meaning of negotiated network service\nA negotiated network service is an electricity network service—\n\t(a)\tthat is not a direct control network service; and\n\t(b)\tthat—\n\t(i)\tthe Rules specify as a negotiated network service; or\n\t(ii)\tif the Rules do not do so, the AER specifies as a negotiated network service in a distribution determination or transmission determination.\n2D—Meaning of regulatory obligation or requirement\n\t(1)\tA regulatory obligation or requirement is—\n\t(a)\tin relation to the provision of an electricity network service by a regulated network service provider—\n\t(i)\ta distribution system safety duty or transmission system safety duty; or\n\t(ii)\ta distribution reliability standard or transmission reliability standard; or\n\t(iii)\ta distribution service standard or transmission service standard; or\n\t(b)\tan obligation or requirement under—\n\t(i)\tthis Law or Rules; or\n\t(ia)\tthe National Energy Retail Law or the National Energy Retail Rules; or\n\t(ii)\tan Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a regulated network service provider; or\n\t(iii)\tan Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a regulated network service provider; or\n\t(iv)\tan Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or\n\t(v)\tan Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national electricity legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv)), that materially affects the provision, by a regulated network service provider, of electricity network services that are the subject of a distribution determination or transmission determination.\n\t(2)\tA regulatory obligation or requirement does not include an obligation or requirement to pay a fine, penalty or compensation—\n\t(a)\tfor a breach of—\n\t(i)\ta distribution system safety duty or transmission system safety duty; or\n\t(ii)\ta distribution reliability standard or transmission reliability standard; or\n\t(iii)\ta distribution service standard or transmission service standard; or\n\t(b)\tunder this Law or the Rules, the National Energy Retail Law or the National Energy Retail Rules or an Act or an instrument referred to in subsection (1)(b)(ii) to (v).\nNotes—\n","sortOrder":13},{"sectionNumber":"1","sectionType":"section","heading":"See also section 7A(2)(b).","content":"\t1\tSee also section 7A(2)(b).\n","sortOrder":14},{"sectionNumber":"2","sectionType":"section","heading":"The RoLR cost recovery scheme is dealt with under Part 6 of the National Energy Retail Law.","content":"\t2\tThe RoLR cost recovery scheme is dealt with under Part 6 of the National Energy Retail Law.\n2E—Meaning of regulatory payment\nA regulatory payment is a sum that a regulated network service provider has been required or allowed to pay to a network service user or an end user for a breach of, as the case requires—\n\t(a)\ta distribution reliability standard or transmission reliability standard; or\n\t(b)\ta distribution service standard or transmission service standard,\nbecause it was efficient for the regulated network service provider (in terms of the provider's overall business) to pay that sum.\nSee also section 7A(2)(b).\n2F—Form of regulation factors\nThe form of regulation factors are—\n\t(a)\tthe presence and extent of any barriers to entry in a market for electricity network services;\n\t(b)\tthe presence and extent of any network externalities (that is, interdependencies) between an electricity network service provided by a network service provider and any other electricity network service provided by the network service provider;\n\t(c)\tthe presence and extent of any network externalities (that is, interdependencies) between an electricity network service provided by a network service provider and any other service provided by the network service provider in any other market;\n\t(d)\tthe extent to which any market power possessed by a network service provider is, or is likely to be, mitigated by any countervailing market power possessed by a network service user or prospective network service user;\n\t(e)\tthe presence and extent of any substitute, and the elasticity of demand, in a market for an electricity network service in which a network service provider provides that service;\n\t(f)\tthe presence and extent of any substitute for, and the elasticity of demand in a market for, electricity or gas (as the case may be);\n\t(g)\tthe extent to which there is information available to a prospective network service user or network service user, and whether that information is adequate, to enable the prospective network service user or network service user to negotiate on an informed basis with a network service provider for the provision of an electricity network service to them by the network service provider.\n2G—Related bodies corporate\nFor the purposes of this Law, 2 or more bodies corporate are related to each other if they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth.\n3—Interpretation generally\n","sortOrder":15},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"to this Law applies to this Law, the Regulations and the Rules and any other statutory instrument made under this Law.","content":"Schedule 2 to this Law applies to this Law, the Regulations and the Rules and any other statutory instrument made under this Law.\n4—Savings and transitionals\n","sortOrder":16},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"to this Law has effect.","content":"Schedule 3 to this Law has effect.\n5—Participating jurisdictions\n\t(1)\tThe following jurisdictions are participating jurisdictions for the purposes of this Law—\n\t(a)\tthe State of South Australia; and\n\t(b)\tthe Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Electricity (South Australia) Act 1996 of South Australia or by some other law).\n\t(2)\tIf a law of a participating jurisdiction referred to in subsection (1)(b) ceases to be in force, the jurisdiction ceases to be a participating jurisdiction.\n\t(3)\tIf, at any time, all participating jurisdictions agree that a specified jurisdiction will cease to be a participating jurisdiction on a specified date, the jurisdiction ceases to be a participating jurisdiction on that date.\n\t(4)\tA notice must be published in the South Australian Government Gazette of the date on which a jurisdiction ceases to be a participating jurisdiction under subsection (2) or (3).\n\t(5)\tIf the legislature of a participating jurisdiction enacts a law that, in the unanimous opinion of the Ministers of the other participating jurisdictions, is inconsistent with this Law, those other participating jurisdictions may give notice to the Minister of the first-mentioned participating jurisdiction to the effect that, if the inconsistent law remains in force as an inconsistent law for more than 6 months after the notice is given, the other participating jurisdictions may declare that the jurisdiction has ceased to be a participating jurisdiction.\n\t(6)\tA jurisdiction ceases to be a participating jurisdiction on publication in the South Australian Government Gazette of a declaration made by the Ministers of the other participating jurisdictions in accordance with subsection (5).\n6—Ministers of participating jurisdictions\n\t(1)\tThe Ministers of the participating jurisdictions are—\n\t(a)\tthe South Australian Minister; and\n\t(b)\tthe Ministers of the Crown in right of the other participating jurisdictions administering the laws of those jurisdictions that apply this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Electricity (South Australia) Act 1996 of South Australia or by some other law).\n6A—Nominated distributors\n\t(1)\tThe regulations under the application Act of a participating jurisdiction (a local regulation) may—\n\t(a)\tnominate an entity, being an entity that is licensed or otherwise authorised under the jurisdictional electricity legislation of that jurisdiction to operate a distribution system but that is not a regulated distribution system operator (within the meaning of this Law) in respect of that distribution system, as an entity to which this section applies (the nominated distributor); and\n\t(b)\tapply to the nominated distributor specified provisions of the Rules that relate to the following matters:\n\t(i)\tthe provision of connection services to retail customers;\n\t(ii)\tretail support obligations between regulated distribution system operators and retailers;\n\t(iii)\tcredit support arrangements between regulated distribution system operators and retailers.\n\t(2)\tThe application of any such specified provisions of the Rules to the nominated distributor is subject to such modifications as may be specified in the local regulation.\n\t(3)\tThe nominated distributor—\n\t(a)\tmust comply with the Rules to the extent that the Rules are applied by the local regulation to the nominated distributor; and\n\t(b)\tmay, to the extent that the Rules apply to the nominated distributor, be proceeded against under this Law for any breach of those Rules.\n\t(4)\tA nomination of an entity by a local regulation may be made for—\n\t(a)\tthe whole or a specified part of the geographical area of a jurisdiction; or\n\t(b)\tthe whole or a specified part of a distribution system that is owned, controlled or operated by the entity,\nor for both.\n\t(5)\tThe Minister responsible for administering the application Act (other than the application Act of South Australia) under which a local regulation referred to in this section is made is to make arrangements for notice of the making and publication of the regulation to be published for information in the South Australian Government Gazette.\n6B—Regulated stand‑alone power systems\n\t(1)\tThe regulations under the application Act of a participating jurisdiction (a local regulation) may provide that the following form part of the national electricity system (a regulated stand‑alone power system):\n\t(a)\ta particular stand‑alone power system, which consists of a distribution system owned, controlled or operated, or proposed to be owned, controlled or operated, by a regulated distribution system operator;\n\t(b)\ta stand‑alone power system, which consists of a distribution system owned, controlled or operated, or proposed to be owned, controlled or operated, by a regulated distribution system operator, that belongs to a particular class of stand‑alone power systems.\n\t(2)\tWithout limiting subsection (1), the local regulation may provide that a particular stand‑alone power system, or a class of stand‑alone power systems, forms part of the national electricity system by reference to—\n\t(a)\tthe particular geographic area in which the stand‑alone power system, or class of stand‑alone power systems, is or will be located; or\n\t(b)\tthe regulated distribution system operator that owns, controls or operates, or proposes to own, control or operate, the stand‑alone power system or class of stand‑alone power systems; or\n\t(c)\twhether the stand‑alone power system, or class of stand‑alone power systems, complies with any requirements specified by the Rules.\n\t(3)\tThe local regulation may modify the application of a specified provision of this Law or the Rules for and with respect to a regulated stand‑alone power system or a class of regulated stand‑alone power systems.\n\t(4)\tA regulated distribution system operator that owns, controls or operates a regulated stand‑alone power system—\n\t(a)\tmust comply with the Rules to the extent that the Rules are applied by the local regulation to the regulated stand‑alone power system; and\n\t(b)\tmay, to the extent that the Rules apply to the regulated stand‑alone power system, be proceeded against under this Law for any breach of those Rules.\n\t(5)\tThe Minister responsible for administering the application Act (other than the application Act of South Australia) under which a local regulation referred to in this section is made is to make arrangements for notice of the making and publication of the regulation to be published for information in the South Australian Government Gazette.\nstand‑alone power system means a system that—\n\t(a)\tgenerates and distributes electricity; and\n\t(b)\tdoes not form part of the interconnected national electricity system.\n7—National electricity objective\nThe objective of this Law is to promote efficient investment in, and efficient operation and use of, electricity services for the long term interests of consumers of electricity with respect to—\n\t(a)\tprice, quality, safety, reliability and security of supply of electricity; and\n\t(b)\tthe reliability, safety and security of the national electricity system; and\n\t(c)\tthe achievement of targets set by a participating jurisdiction—\n\t(i)\tfor reducing Australia's greenhouse gas emissions; or\n\t(ii)\tthat are likely to contribute to reducing Australia's greenhouse gas emissions.\nThe AEMC must publish targets in a targets statement: see section 32A.\n7AA—Regulations may prescribe matters for national electricity objective\nWithout limiting Part 4 of the National Electricity (South Australia) Act 1996 of South Australia, the Regulations may make provision about a matter relating to the achievement of targets mentioned in section 7(c) of this Law.\n7A—Revenue and pricing principles\n\t(1)\tThe revenue and pricing principles are the principles set out in subsections (2) to (7).\n\t(2)\tA regulated network service provider should be provided with a reasonable opportunity to recover at least the efficient costs the operator incurs in—\n\t(a)\tproviding direct control network services; and\n\t(b)\tcomplying with a regulatory obligation or requirement or making a regulatory payment.\n\t(3)\tA regulated network service provider should be provided with effective incentives in order to promote economic efficiency with respect to direct control network services the operator provides. The economic efficiency that should be promoted includes—\n\t(a)\tefficient investment in a distribution system or transmission system with which the operator provides direct control network services; and\n\t(b)\tthe efficient provision of electricity network services; and\n\t(c)\tthe efficient use of the distribution system or transmission system with which the operator provides direct control network services.\n\t(4)\tRegard should be had to the regulatory asset base with respect to a distribution system or transmission system adopted—\n\t(a)\tin any previous—\n\t(i)\tas the case requires, distribution determination or transmission determination; or\n\t(ii)\tdetermination or decision under the National Electricity Code or jurisdictional electricity legislation regulating the revenue earned, or prices charged, by a person providing services by means of that distribution system or transmission system; or\n\t(b)\tin the Rules.\n\t(5)\tA price or charge for the provision of a direct control network service should allow for a return commensurate with the regulatory and commercial risks involved in providing the direct control network service to which that price or charge relates.\n\t(6)\tRegard should be had to the economic costs and risks of the potential for under and over investment by a regulated network service provider in, as the case requires, a distribution system or transmission system with which the operator provides direct control network services.\n\t(7)\tRegard should be had to the economic costs and risks of the potential for under and over utilisation of a distribution system or transmission system with which a regulated network service provider provides direct control network services.\n7B—Innovative trial principles\nThe following principles (the innovative trial principles) must be taken into account in determining whether a trial project is genuinely innovative in connection with granting a trial waiver or making a trial Rule relating to a trial project:\n\t(a)\twhether the trial project is focused on developing new or materially improved approaches to the use or supply of, or demand for, electricity;\n\t(b)\twhether the trial project is likely to contribute to the achievement of the national electricity objective;\n\t(c)\twhether the trial project is able to demonstrate a reasonable prospect of giving rise to materially improved services and outcomes for consumers of electricity;\n\t(d)\twhether the trial project maintains adequate consumer protections, including whether the trial project may involve risks to consumers and (if so), how those risks might be mitigated;\n\t(e)\twhether the trial project is unable to proceed under the existing regulatory framework;\n\t(f)\twhether the trial project has moved beyond research and development stages but is not yet established, or of sufficient maturity, size or otherwise commercially ready, to attract investment;\n\t(g)\twhether the trial project may negatively impact AEMO's operation of the national electricity system and national electricity market and, if there are impacts, how those impacts can be mitigated;\n\t(h)\twhether the trial project may impact on competition in a competitive sector of the national electricity market;\n\t(i)\tany other principle prescribed by the Regulations.\n8—MCE statements of policy principles\n\t(1)\tSubject to this section, the MCE may issue a statement of policy principles in relation to any matters that are relevant to the exercise and performance by the AEMC of its functions and powers in—\n\t(a)\tmaking a Rule; or\n\t(b)\tconducting a review under section 45.\n\t(2)\tBefore issuing a statement of policy principles, the MCE must be satisfied that the statement is consistent with the national electricity objective.\n\t(3)\tAs soon as practicable after issuing a statement of policy principles, the MCE must give a copy of the statement to the AEMC.\n\t(4)\tThe AEMC must publish the statement in the South Australian Government Gazette and on its website as soon as practicable after it is given a copy of the statement.\n9—National Electricity Rules to have force of law\nThe National Electricity Rules have the force of law in this jurisdiction.\n10—Application of this Law and Regulations to coastal waters of this jurisdiction\n\t(1)\tThis Law and the Regulations apply in the coastal waters of this jurisdiction.\nThe Rules apply in this jurisdiction by operation of this Law.\nadjacent area has the same meaning as in the Petroleum (Submerged Lands) Act 1967 of the Commonwealth;\ncoastal waters of this jurisdiction means any sea that is on the landward side of the adjacent area of this jurisdiction but is not within the limits of this jurisdiction.\n10A—Corporations Act displacement\n\t(1)\tThe Regulations may declare a relevant provision to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act.\nrelevant provision means a provision of the Rules that relates to any of the following:\n\t(a)\tthe application by AEMO of money in any security deposit fund;\n\t(b)\tthe functions of AEMO under procedures relating to defaults by retailers;\n\t(c)\tthe application (or drawing on) of credit support held by a regulated distribution system operator in respect of a retailer who is the subject of a RoLR event within the meaning of Part 6 of the National Energy Retail Law.\nPart 2—Participation in the National Electricity Market\n","sortOrder":17},{"sectionNumber":"Div 1","sectionType":"division","heading":"Registration","content":"Division 1—Registration\n11—Electricity market activities in this jurisdiction\n\t(1)\tA person must not engage in the activity of owning, controlling or operating, in this jurisdiction, a generating system connected to the interconnected national electricity system or directly or indirectly connected to a regulated stand‑alone power system unless—\n\t(b)\tthe person is the subject of a derogation that exempts the person, or is otherwise exempted by AEMO, from the requirement to be a Registered participant in relation to that activity under this Law and the Rules.\nSubsection (1) is a civil penalty provision: See the definition of \"civil penalty provision\" in section 2AA(1).\n\t(2)\tA person must not engage in the activity of owning, controlling or operating, in this jurisdiction, a transmission system or distribution system that forms part of the interconnected national electricity system or that forms part of, or is directly or indirectly connected to, a regulated stand‑alone power system unless—\n\t(b)\tthe person is the subject of a derogation that exempts the person, or is otherwise exempted by the AER, from the requirement to be a Registered participant in relation to that activity under this Law and the Rules.\nSubsection (2) is a civil penalty provision: See the definition of \"civil penalty provision\" in section 2AA(1).\n\t(3)\tA person, other than AEMO, must not engage in the activity of operating or administering, in this jurisdiction, a wholesale exchange for electricity.\nSubsection (3) is a civil penalty provision: See the definition of \"civil penalty provision\" in section 2AA(1).\n\t(4)\tA person must not engage in, in this jurisdiction, the activity of purchasing electricity directly through a wholesale exchange unless—\n\t(b)\tthe person is the subject of a derogation that exempts the person, or is otherwise exempted by AEMO, from the requirement to be a Registered participant in relation to that activity under this Law and the Rules.\nSubsection (4) is a civil penalty provision: See the definition of \"civil penalty provision\" in section 2AA(1).\n12—Registration or exemption of persons participating in national electricity market\n\t(1)\tA person engaged or proposing to engage in an activity referred to in section 11(1), (2) or (4) may request AEMO to register that person as a Registered participant in relation to that activity for the purposes of this Law and the Rules.\n\t(2)\tA person engaged or proposing to engage in an activity referred to in section 11(1) or (4) may request AEMO to exempt that person from registering as a Registered participant in relation to that activity for the purposes of this Law and the Rules.\n\t(3)\tA request under subsection (1) or (2) must be in accordance with the Rules.\n\t(4)\tOn receipt of a request under subsection (1) to be registered as a Registered participant, AEMO may, subject to the Rules, register the person in such categories of registration as are specified in the Rules.\n\t(5)\tOn receipt of a request under subsection (2) to be exempted from being registered as a Registered participant, AEMO may, subject to the Rules, grant the person the exemption.\n\t(6)\tRegistration as a Registered participant under subsection (4) or an exemption granted under subsection (5) may be subject to such terms and conditions as AEMO considers appropriate in accordance with the Rules.\n13—Exemptions for transmission system or distribution system owners, controllers and operators\n\t(1)\tA person engaged or proposing to engage in the activity referred to in section 11(2) may request the AER to exempt that person from registering as a Registered participant in relation to that activity for the purposes of this Law and the Rules.\n\t(2)\tA request under subsection (1) must be in accordance with the Rules.\n\t(3)\tOn receipt of a request under subsection (1), the AER may, subject to the Rules, grant the person the exemption.\n\t(4)\tAn exemption granted under subsection (3) may be subject to such terms and conditions as the AER considers appropriate in accordance with the Rules.\n14—Evidence of registration or exemption\n\t(1)\tA certificate signed by an authorised officer certifying that a person named in the certificate is a Registered participant, or has been granted an exemption from registration under section 12 or 13 is evidence of the registration or exemption.\nA certificate may be in respect of a Registered participant registered in accordance with section 12 and the Rules, or in accordance with the Rules alone.\nauthorised officer means—\n\t(a)\tfor issuing a certificate that a person is a Registered participant or exempted from registration under section 12—AEMO's CEO or a person authorised by AEMO's CEO to issue certificates under this section; or\n\t(b)\tfor issuing a certificate that a person is exempted from registration under section 13—a member of the AER.\nDivision 2—Regulated network service providers\n14A—Regulated transmission system operator must comply with transmission determination\nA regulated transmission system operator must comply with a transmission determination that applies to the electricity network services provided by that operator.\nSection 14A is a civil penalty provision: See the definition of civil penalty provision in section 2AA(1).\n14B—Regulated distribution system operator must comply with distribution determination\nA regulated distribution system operator must comply with a distribution determination that applies to the electricity network services provided by that operator.\nSection 14B is a civil penalty provision: See the definition of civil penalty provision in section 2AA(1).\n","sortOrder":18},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Retailer Reliability Obligation","content":"Part 2A—Retailer Reliability Obligation\nDivision 1—General\n14C—Definitions\ncontract position day—see section 14K(4)(b)(i);\nforecast reliability gap—see section 14G(1);\nforecast reliability gap period—see section 14G(2);\nMinisterial reliability gap and Ministerial reliability gap period—see section 14JA(1)(b);\nnet contract position—see section 14O(3);\none‑in‑two year peak demand forecast, for a region during a specified period, means the peak demand forecast in accordance with the Rules—\n\t(a)\tto occur for the region during the period; and\n\t(b)\twhere the likelihood is that the forecast amount will be exceeded once in any two‑year period;\npeak demand, for a period in a region, means the maximum electricity demanded, in megawatts, in the region during the period, determined in accordance with the Rules;\nregion means a region of the national electricity market determined under the Rules;\nreliability gap period, in relation to a T‑1 reliability instrument, means the forecast reliability gap period stated in the instrument;\nreliability instrument means a T‑3 reliability instrument or a T‑1 reliability instrument;\nreporting day—see section 14K(4)(b)(ii);\nT‑1 cut‑off day—see section 14G(4);\nT‑1 reliability instrument means a reliability instrument for a forecast reliability gap made by the AER under section 14K that relates to the T‑1 cut‑off day for the forecast reliability gap;\nT‑3 cut‑off day—see section 14G(3);\nT‑3 reliability instrument means—\n\t(a)\ta reliability instrument for a forecast reliability gap made by the AER under section 14K that relates to the T‑3 cut‑off day for the forecast reliability gap; or\n\t(b)\ta reliability instrument for a Ministerial reliability gap period made by a Minister of a participating jurisdiction under section 14JA;\ntrading interval means a period prescribed by the Rules to be a trading interval for the wholesale exchange;\nwholesale exchange means the wholesale exchange for electricity operated and administered by AEMO under this Law and the Rules.\n14D—Meaning of liable entity for a region\n\t(1)\tEach of the following is a liable entity for a region:\n\t(a)\ta person who is a Registered participant mentioned in section 11(4)(a);\n\t(b)\ta person mentioned in section 11(4)(b) prescribed by the Rules to be a liable entity for the reliability obligations;\n\t(c)\tanother person who has elected, under section 14E, to assume responsibility for the reliability obligations of a person mentioned in paragraph (a).\n\t(2)\tHowever, a person mentioned in subsection (1)(a) is not a liable entity for a region—\n\t(a)\tif the person is a Registered participant mentioned in subsection (1)(a) who is prescribed by the Rules not to be a liable entity for the reliability obligations; or\n\t(b)\tto the extent a person mentioned in subsection (1)(c) has elected to assume the person's responsibility for the reliability obligations for the region.\n14E—Process for non‑liable persons to opt in to reliability obligations\n\t(1)\tThis section applies to a person—\n\t(a)\tif—\n\t(i)\tthe person purchases electricity supplied in a region from a liable entity; and\n\t(ii)\tthe person's annual consumption of electricity is more than the threshold prescribed by the Rules for this section; or\n\t(b)\tprescribed by the Rules to be eligible to make an election under this section.\n\t(2)\tThe person may elect to assume all or some of the liable entity's responsibility for the reliability obligations in relation to the electricity purchased for the period stated in the election.\n\t(3)\tAn election under subsection (2) must—\n\t(a)\tstate the extent to which the person has elected to assume the liable entity's responsibility; and\n\t(b)\tbe made in the manner, form and timeframes required by the Rules.\nDivision 2—Reliability forecasts and instruments\n14F—Annual forecast for reliability gaps\nEach year, AEMO must—\n\t(a)\tperform the functions stated in the Rules for the purposes of forecasting for the occurrence of reliability gaps in future years; and\n\t(b)\tprepare and publish, in the manner, form and timeframes required by the Rules, information about the forecasting.\n14G—Meaning of forecast reliability gap, forecast reliability gap period, T‑3 cut‑off day and T‑1 cut‑off day\n\t(1)\tA forecast reliability gap occurs when the amount of electricity forecast for a region, in accordance with the Rules, does not meet the reliability standard to an extent that, in accordance with the Rules, is material and a reference in this Part to a forecast reliability gap includes, where the context requires, a reference to a Ministerial reliability gap.\n\t(2)\tA forecast reliability gap period is the period during which a forecast reliability gap is forecast to occur and a reference in this Part to a forecast reliability gap period includes, where the context requires, a reference to a Ministerial reliability gap period.\n\t(3)\tThe T‑3 cut‑off day for a forecast reliability gap is the day that is 3 years before the day the forecast reliability gap period for the forecast reliability gap starts.\n\t(4)\tThe T‑1 cut‑off day for a forecast reliability gap is the day that is 1 year before the day the forecast reliability gap period for the forecast reliability gap starts.\nreliability standard means the standard prescribed by the Rules for the reliability of electricity for the national electricity market.\n14H—Rules must provide timetable for reliability forecasts, requests and instruments\n\t(1)\tThe Rules must provide for timeframes for the following matters in relation to a forecast reliability gap:\n\t(a)\tthe period, that ends at least the stated number of days before the T‑3 cut‑off day and T‑1 cut‑off day, during which—\n\t(i)\tAEMO must make a request under section 14I; and\n\t(ii)\tthe AER must decide whether to make a reliability instrument under section 14K;\n\t(b)\tthe period—\n\t(i)\tending on or before the T‑1 cut-off day, during which the contract position day must be set; and\n\t(ii)\tending on or after the T‑1 cut-off day, during which the reporting day must be set;\n\t(c)\tthe periods that apply for the matters mentioned in paragraph (a) or (b) if AEMO corrects a request under section 14J.\n\t(2)\tAlso, the Rules must provide for 1 or more ways to determine whether a request for the AER to make a T‑1 reliability instrument under section 14I is related to a T‑3 reliability instrument.\n\t(3)\tFor subsection (2), a prescribed way may include the extent to which the reliability gap period and trading intervals stated in a request for the AER to make a T‑1 reliability instrument must be the same as, or may be different to, the forecast reliability gap period and trading intervals stated in the T‑3 reliability instrument.\n\t(4)\tIn addition, for subsection (2), in the case of a T‑3 reliability instrument made by a Minister of a participating jurisdiction, a prescribed way may include the extent to which the reliability gap period and trading intervals stated in a request for the AER to make a T‑1 reliability instrument must be the same as, or may be different to, any Ministerial reliability gap period or trading intervals stated in the T‑3 reliability instrument.\n14I—AEMO must request reliability instrument\n\t(1)\tThis section applies if—\n\t(a)\tAEMO is satisfied a forecast reliability gap is forecast to occur in a region; and\n\t(b)\tAEMO has published the information about the forecast that AEMO is required to publish under section 14F(b).\n\t(2)\tSubject to subsection (3), AEMO must request the AER to consider making a reliability instrument for the region in relation to the forecast reliability gap.\n\t(3)\tAEMO must make a request under subsection (2) for a T‑1 reliability instrument for a region only if the AER has made a related T‑3 reliability instrument or the Minister of the participating jurisdiction in which the region is located has made a related T‑3 reliability instrument.\n\t(4)\tA request under subsection (2)—\n\t(a)\tis made by giving a written notice about the request to the AER; and\n\t(b)\tmust be made within the period required by the Rules; and\n\t(c)\tmust state the following information about the forecast reliability gap:\n\t(i)\tthe region in which the forecast reliability gap is forecast to occur;\n\t(ii)\tthe first and last days of the forecast reliability gap period;\n\t(iii)\tfor a request for a T‑3 reliability instrument—the trading intervals, during the forecast reliability gap period, for which liable entities may be required to hold net contract positions that are sufficient to meet their share of the one-in-two year peak demand forecast for the forecast reliability gap period;\nThe trading intervals between 4pm and 8pm each weekday during the forecast reliability gap.\n\t(iv)\tfor a request for a T‑1 reliability instrument—the trading intervals, during the forecast reliability gap period, for which liable entities will be required to hold net contract positions that are sufficient to meet their share of the one-in-two year peak demand forecast for the forecast reliability gap period if the T‑1 reliability instrument is made;\nThe trading intervals between 4pm and 8pm each weekday during the forecast reliability gap.\n\t(v)\tAEMO's one‑in‑two year peak demand forecast for the forecast reliability gap period.\n\t(5)\tA request under subsection (2)—\n\t(a)\tmay only apply to 1 forecast reliability gap period; and\n\t(b)\tmay be made on more than 1 occasion in a year for different forecast reliability gap periods in the same region or in different regions.\n14J—AEMO may correct request for reliability instrument\n\t(1)\tThis section applies if a request under section 14I contains—\n\t(a)\ta material miscalculation of figures; or\n\t(b)\ta material mistake in the description of a person, period, thing or matter referred to in the request; or\n\t(c)\ta defect in form.\n\t(2)\tAEMO may correct the request by giving a written notice about the correction, and a correct request, to the AER.\n14JA—Minister may make T‑3 reliability instrument\n\t(1)\tSubject to this section, a Minister of a participating jurisdiction may make a T‑3 reliability instrument for a region if—\n\t(a)\tthe geographical area of the participating jurisdiction constitutes the whole or a part of the region; and\n\t(b)\tit appears to the Minister, on reasonable grounds, that there is a real risk during a period specified in the instrument (a Ministerial reliability gap period) that the supply of electricity to all or part of the region may be disrupted to a significant degree (a Ministerial reliability gap) on 1 or more occasions during the Ministerial reliability gap period.\n\t(2)\tBefore making a T‑3 reliability instrument under subsection (1), the Minister must consult with AEMO and the AER in relation to the instrument the Minister proposes to make.\n\t(3)\tThe regulations under the application Act of a participating jurisdiction (a local regulation) may provide for requirements (including procedures and any methodology) that must be complied with by the Minister in determining whether there is a real risk that the supply of electricity to all or part of a region may be disrupted to a significant degree.\n\t(4)\tA T‑3 reliability instrument under subsection (1) must state—\n\t(a)\tthe date on which it takes effect; and\n\t(b)\tthe region to which it applies; and\n\t(c)\tthe first and last days of the Ministerial reliability gap period; and\n\t(d)\tthe trading intervals during the Ministerial reliability gap period for which liable entities may be required to hold net contract positions that are sufficient to meet their share of the one‑in‑two year peak demand forecast for the Ministerial reliability gap period; and\n\t(e)\tAEMO's one‑in‑two year peak demand forecast for the Ministerial reliability gap period.\n\t(5)\tA Minister of a participating jurisdiction may vary or revoke a T‑3 reliability instrument made by the Minister under subsection (1).\n\t(6)\tAs soon as practicable after making or varying a T‑3 reliability instrument under this section, the relevant Minister must—\n\t(a)\tpublish a copy of the instrument or variation in accordance with any requirements of the local regulations; and\n\t(b)\tpublish notice of the making or variation of the instrument in the South Australian Government Gazette.\n\t(7)\tThe following provisions apply to a T‑3 reliability instrument under subsection (1):\n\t(a)\tthe first day of a Ministerial reliability gap period specified in the instrument under subsection (4)(c) may not be earlier than 3 years after the day on which the instrument is made;\n\t(b)\tdespite any other provision of this Part, a T‑3 reliability instrument under subsection (1) that relates to 1 or more days occurring in the period commencing on 1 December 2025 and ending on 31 December 2026 may be made at any time before 1 December 2023.\n\t(8)\tThe Minister responsible for administering the application Act (other than the application Act of South Australia) under which a local regulation referred to in this section is made is to make arrangements for notice of the making and publication of the regulation to be published for information in the South Australian Government Gazette.\n14K—AER may make reliability instrument for a region\n\t(a)\tAEMO makes a request under section 14I in relation to a forecast reliability gap for a region; and\n\t(b)\twhere AEMO's request is for a T‑1 reliability instrument for the region, the AER has made a related T‑3 reliability instrument or the Minister of the participating jurisdiction in which the region is located has made a related T‑3 reliability instrument for the region.\n\t(2)\tThe AER must, within the period required by the Rules—\n\t(a)\tconsider the request; and\n\t(b)\tdecide whether or not to make a reliability instrument for the region in relation to the forecast reliability gap.\n\t(3)\tThe AER may decide to make a reliability instrument only—\n\t(a)\tif the AER is satisfied—\n\t(i)\ta forecast reliability gap is forecast, in accordance with the Rules, to occur in the region; and\n\t(ii)\tit is appropriate in the circumstances, having regard to the criteria stated in the Rules, to make the reliability instrument; and\n\t(b)\tfor the region, forecast reliability gap period and trading intervals as stated in AEMO's request, without modification.\n\t(4)\tA reliability instrument must state—\n\t(a)\tthe information mentioned in section 14I(4)(c), as stated in AEMO's request; and \n\t(b)\tfor a T‑1 reliability instrument—\n\t(i)\tthe day (the contract position day) on which liable entities are required under section 14R to hold a sufficient net contract position for the reliability gap period; and\n\t(ii)\tthe day (the reporting day) on which liable entities must report their net contract position as at the contract position day under section 14P.\n\t(5)\tThe reliability instrument takes effect when it is published on the AER's website.\n\t(6)\tThe AER must publish its decision to make or refuse to make a reliability instrument, and the reasons for the decision, on the AER's website before—\n\t(a)\tin the case of a T‑3 reliability instrument—the T‑3 cut-off day or an earlier day prescribed by the Rules; or\n\t(b)\tin the case of a T‑1 reliability instrument—the T‑1 cut-off day or an earlier day prescribed by the Rules.\n\t(7)\tIf a request made under section 14I was corrected under section 14J, a reference in this section to the request is a reference to the request as corrected.\n14L—Reliability instrument has force of law\n\t(1)\tA reliability instrument has the force of law in this jurisdiction.\n\t(2)\tAn Act of this jurisdiction regulating the making of subordinate legislation does not apply to a reliability instrument.\n14M—Failure to comply with consultation obligation does not affect validity\n\t(1)\tThis section applies if the Rules require the AER to undertake stated consultation before making a reliability instrument under section 14K.\n\t(2)\tFailure to comply with the obligation does not invalidate or otherwise affect a reliability instrument.\nDivision 3—Reliability obligations\n14N—Application of Division\n\t(1)\tThis Division applies to a person if—\n\t(a)\tthe AER made a T‑1 reliability instrument for a forecast reliability gap in a region; and\n\t(b)\tthe person is a liable entity for the region to which the instrument applies; and\n\t(c)\tthe person is a liable entity on—\n\t(i)\tthe contract position day; or\n\t(ii)\tin circumstances for which a later day is prescribed by the Rules—the later day.\n\t(2)\tIn this Division—\n\t(a)\ta reference to a matter is a reference to the matter for the region to which the T‑1 reliability instrument applies; and\n\t(b)\ta reference to the reliability gap period is a reference to the forecast reliability gap period stated in the T‑1 reliability instrument; and\n\t(c)\ta reference to the stated trading intervals is a reference to the trading intervals stated in the T‑1 reliability instrument; and\n\t(d)\ta reference to the contract position day or the reporting day is a reference to the contract position day or reporting day stated in the T‑1 reliability instrument.\n14O—Meaning of qualifying contract and net contract position\n\t(1)\tA qualifying contract of a liable entity is a contract or other arrangement to which the liable entity is a party—\n\t(a)\tthat—\n\t(i)\tis directly related to the purchase or sale, or price for the purchase or sale, of electricity from the wholesale exchange during a stated period; and\n\t(ii)\tthe liable entity entered into to manage its exposure in relation to the volatility of the spot price; or\n\t(b)\tof another type prescribed by the Rules to be a qualifying contract.\n\t(2)\tHowever, a qualifying contract does not include a contract or arrangement mentioned in subsection (1)(a) that is prescribed by the Rules to be an excluded contract for the reliability obligations.\n\t(3)\tA liable entity's net contract position during a particular period is—\n\t(a)\tthe number of megawatts of electricity to which the liable entity's qualifying contracts under subsection (1) relate for the period; and\n\t(b)\tadjusted in accordance with the Rules to account for the likelihood that, despite the qualifying contracts, the liable entity retains exposure in relation to the volatility of the spot price during the period.\nspot price means the price for electricity purchased from the wholesale exchange in a region determined in accordance with the Rules.\n14P—Obligation to report net contract position\n\t(1)\tThe liable entity must give the AER a report about the liable entity's net contract position for the stated trading intervals during the reliability gap period as at the contract position day—\n\t(a)\tthat complies with subsection (2); and\n\t(b)\ton or before the reporting day stated in the T‑1 reliability instrument.\nSubsection (1) is a civil penalty provision: See the definition of \"civil penalty provision\" in section 2AA(1).\n\t(2)\tThe report must—\n\t(a)\tinclude the information required under the Rules; and\n\t(b)\tbe prepared and given in the manner and form required by the Rules.\n\t(3)\tThe liable entity must not provide information in a report the liable entity knows is false or misleading in a material particular.\nSubsection (3) is a civil penalty provision: See the definition of \"civil penalty provision\" in section 2AA(1).\n14Q—Adjustment of net contract position after contract position day\nA liable entity may adjust the liable entity's net contract position for a stated trading interval during a reliability gap period after the contract position day for the purposes of sections 14R and 14S in accordance with the Rules.\n14R—Obligation to have contracted sufficiently for one-in-two year peak demand forecast\n\t(1)\tThis section applies if the peak demand is more than the one-in-two year peak demand forecast for the reliability gap period during a stated trading interval in the reliability gap period.\n\t(2)\tThe liable entity must comply with the obligation that the liable entity's net contract position for the trading interval is not less than the liable entity's share of the one-in-two year peak demand forecast for the trading interval determined in accordance with the Rules.\nSubsection (2) is a reliability obligation civil penalty provision: See the definition of \"reliability obligation civil penalty provision\" in section 2AA(1a).\n\t(3)\tFor subsection (2), the liable entity's net contract position for a trading interval is—\n\t(a)\tif the liable entity has adjusted its net contract position under the Rules—the liable entity's net contract position for the trading interval as at the day provided under the Rules; or\n\t(b)\totherwise—the liable entity's net contract position for the trading interval as at the contract position day.\n14S—Obligation to maintain net contract position\nThe Rules may require a liable entity to maintain its net contract position for the stated trading intervals in the reliability gap period during the period that—\n\t(a)\tstarts on the contract position day; and\n\t(b)\tends when the reliability gap period ends.\n","sortOrder":19},{"sectionNumber":"Div 4","sectionType":"division","heading":"AEMO as procurer of last resort","content":"Division 4—AEMO as procurer of last resort \n14T—AEMO may recover costs for procurer of last resort function\n\t(1)\tThe Rules may provide for a cost recovery scheme that allows AEMO to recover the costs AEMO incurs as the procurer of last resort for a region.\n\t(2)\tAEMO is the procurer of last resort for a region if—\n\t(a)\ta T‑1 reliability instrument is made for a forecast reliability gap in a region; and\n\t(b)\tAEMO performs its function under the Rules of entering into contracts to secure the availability of electricity reserves in relation to the reliability gap period stated in the instrument in the region.\n\t(3)\tThe cost recovery scheme under the Rules may provide for AEMO to recover the costs from the liable entities for the region who breach section 14R(2) or an obligation under the Rules mentioned in section 14S during the reliability gap period.\n\t(4)\tHowever, a liable entity is not liable to more than $100 000 000 under the cost recovery scheme in relation to a reliability gap period in a region.\n","sortOrder":20},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions and powers of the Australian Energy Regulator","content":"Part 3—Functions and powers of the Australian Energy Regulator\n15—Functions and powers of AER\n\t(1)\tThe AER has the following functions and powers—\n\t(a)\tto monitor compliance by—\n\t(i)\tRegistered participants and other persons with this Law, the Regulations and the Rules; and\n\t(ii)\tregulated network service providers with network revenue or pricing determinations; and\n\t(iii)\tAEMO with this Law, the Rules, the Regulations or a transmission determination; and\n\t(b)\tto investigate breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and\n\t(ba)\twithout limiting paragraphs (a) and (b), in relation to a person undertaking a trial project under a trial Rule or trial waiver, to monitor the conduct and outcomes of the trial project and investigate breaches or possible breaches by the person of—\n\t(i)\tthis Law, the Regulations and the Rules; and\n\t(ii)\tin particular—\n\t(A)\tin the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 104B; and\n\t(B)\tin the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\n\t(c)\tto institute and conduct proceedings—\n\t(i)\tagainst persons under section 61 of this Law or section 44AAG of the Competition and Consumer Act 2010 of the Commonwealth; or\n\t(ii)\tin respect of Registered participants under section 63 of this Law; or\n\t(iii)\tagainst persons under section 68 of this Law; or\n\t(iv)\tin relation to offences against this Law; and\n\t(d)\tto institute and conduct appeals from decisions in proceedings referred to in paragraph (c); and\n\t(e)\tto exempt persons proposing to engage, or engaged, in the activity of owning, controlling or operating a transmission system or distribution system from being registered as Registered participants; and\n\t(ea)\tto prepare and publish reports on the financial and operational performance of network service providers in providing electricity network services; and\n\t(eb)\tto approve compliance programs of service providers relating to compliance by service providers with this Law or the Rules; and\n\t(eba)\tto implement and administer the market liquidity obligation in accordance with the Rules; and\n\t(ec)\tAER wholesale market monitoring functions and AER wholesale market reporting functions; and\n\t(ed)\tto make a rate of return instrument; and\n\t(f)\tAER economic regulatory functions or powers; and\n\t(fa)\tAER trial waiver functions; and\n\t(g)\tany other functions and powers conferred on it under this Law and the Rules.\n\t(2)\tThe AER has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\t(3)\tHowever, the AER—\n\t(a)\tcannot make a transmission determination—\n\t(i)\tregulating the revenue AEMO earns or may earn; or\n\t(ii)\tregulating the price of electricity network services provided by AEMO unless the services are shared transmission services provided by means of, or in connection with, a declared shared network; and\n\t(b)\tcannot regulate by transmission determination or in any other way the price of any other service provided by AEMO, or the amount of any other charge made by AEMO.\n16—Manner in which AER performs AER economic regulatory functions or powers\n\t(1)\tThe AER must, in performing or exercising an AER economic regulatory function or power—\n\t(a)\tperform or exercise that function or power in a manner that will or is likely to contribute to the achievement of the national electricity objective; and\n\t(b)\tif the function or power performed or exercised by the AER relates to the making of a distribution determination or transmission determination, ensure that—\n\t(i)\tthe regulated network service provider to whom the determination will apply; and\n\t(ii)\tany affected Registered participant; and\n\t(iii)\tif AEMO is affected by the determination—AEMO; and\n\t(iv)\tnetwork service users or prospective network service users of the relevant services that the AER considers have an interest in the determination; and\n\t(v)\tany user or consumer associations or user or consumer interest groups that the AER considers have an interest in the determination,\nare, in accordance with the Rules—\n\t(vi)\tinformed of material issues under consideration by the AER; and\n\t(vii)\tgiven a reasonable opportunity to make submissions in respect of the determination before it is made; and\n\t(c)\tin relation to making a relevant regulatory decision, specify—\n\t(i)\tthe manner in which the constituent components of the decision relate to each other; and\n\t(ii)\tthe manner in which that interrelationship has been taken into account in the making of the relevant regulatory decision.\n\t(2)\tIn addition, the AER—\n\t(a)\tmust take into account the revenue and pricing principles—\n\t(i)\twhen exercising a discretion in making those parts of a distribution determination or transmission determination relating to direct control network services; or\n\t(ii)\twhen making an access determination relating to a rate or charge for an electricity network service; and\n\t(b)\tmay take into account the revenue and pricing principles when performing or exercising any other AER economic regulatory function or power, if the AER considers it appropriate to do so.\n\t(3)\tFor the purposes of subsection (2)(a)(ii), a reference to a \"direct control network service\" in the revenue and pricing principles must be read as a reference to an \"electricity network service\".\naffected Registered participant means a Registered participant (other than the regulated network service provider to whom the distribution determination or transmission determination will apply) whose interests are affected by the distribution determination or transmission determination;\nuser or consumer association means an association or body (whether incorporated or unincorporated)—\n\t(a)\tthe members of which include more than 1 user, prospective user or end user; and\n\t(b)\tthat represents and promotes the interests of those members in relation to the provision of electricity services;\nuser or consumer interest group means an association or body (whether incorporated or unincorporated)—\n\t(a)\tthat has, as an object or purpose, the object or purpose of representing and promoting the interests of users, prospective users or end users of electricity services; but\n\t(b)\tthe members of which need not include a user, prospective user or end user.\n17—Delegations\nAny delegation by the AER under section 44AAH of the Competition and Consumer Act 2010 of the Commonwealth extends to, and has effect for the purposes of, this Law, the Regulations and the Rules.\n18—Confidentiality\nSection 44AAF of the Competition and Consumer Act 2010 of the Commonwealth has effect for the purposes of this Law, the Regulations and the Rules as if it formed part of this Law.\nSee also Division 6.\n","sortOrder":21},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Wholesale electricity markets—AER monitoring and reporting functions","content":"Division 1A—Wholesale electricity markets—AER monitoring and reporting functions\n18A—Definitions\neffective competition—see section 18B;\nelectricity contract means an agreement, entered into by a Registered participant, however described and whether coming into existence before or after the commencement of this section, that relates to a wholesale electricity market and includes an agreement—\n\t(a)\tto supply electricity; or\n\t(b)\tto purchase electricity; or\n\t(c)\tfor the transmission, distribution or storage of electricity; or\n\t(d)\trelating to fuel and other inputs used in the generation of electricity; or\n\t(e)\trelating to emissions produced or avoided in the generation of electricity; or\n\t(f)\tto supply a wholesale demand response service;\nfinancial risk management product means a contract or other arrangement, entered into by a Registered participant, to manage financial risk including, without limitation, risks associated with the following:\n\t(a)\tprice volatility in a wholesale electricity market;\n\t(b)\tvolatility in supply and demand in a wholesale electricity market;\n\t(c)\tvolatility in the price of fuels and other inputs used in the generation of electricity;\nmonitored market means—\n\t(a)\ta wholesale electricity market; and\n\t(b)\ta market for financial risk management products; and\n\t(c)\ta market prescribed by the Regulations;\nrelevant agreement means—\n\t(a)\tan electricity contract; and\n\t(b)\ta financial risk management product.\n18B—Meaning of effective competition\nFor the purposes of this Division, the AER must, in assessing whether there is effective competition within a monitored market, have regard to—\n\t(a)\twhether there are active competitors in the market and whether those competitors hold a reasonably sustainable position in the market (or whether there is merely the threat of competition in the market); and\n\t(b)\twhether prices are determined on a long term basis by underlying costs rather than the existence of market power, even though a particular competitor may hold a substantial degree of market power from time to time; and\n\t(c)\twhether barriers to entry into the market are sufficiently low so that a substantial degree of market power may only be held by a particular competitor on a temporary basis; and\n\t(d)\twhether there is independent rivalry in all dimensions of the price, product or service offered in the market; and\n\t(e)\tany other matters that the AER considers relevant.\n18C—AER wholesale market monitoring and reporting functions\n\t(1)\tThe AER wholesale market monitoring functions are as follows:\n\t(a)\tto, in accordance with this Law and the Rules, regularly and systematically monitor and review the performance of monitored markets;\n\t(b)\tin connection with paragraph (a), to identify and analyse whether, in relation to a particular monitored market—\n\t(i)\tthere is effective competition within the market; and\n\t(ii)\tthere are features of the market that may be detrimental to effective competition within the market; and\n\t(iii)\tthere are features of the market that may be impacting detrimentally on the efficient functioning of the market (and, if so, to assess the extent of the inefficiency); and\n\t(iv)\tthere are features of the market that may be impacting detrimentally on the achievement of the national electricity objective;\n\t(c)\tother monitoring or analysing functions, conferred on the AER by the Rules, relating to the following matters within a monitored market:\n\t(i)\toffers;\n\t(ii)\tprices, including forecast and actual prices and bidding.\n\t(2)\tThe AER wholesale market reporting functions are as follows:\n\t(a)\tto prepare, at least once every 2 years, a report on the results of the performance of the AER wholesale market monitoring functions;\n\t(b)\tto provide, as the AER thinks fit, advice on the results of the performance of the AER wholesale market monitoring functions to the MCE, including advice as to—\n\t(i)\tthe AER's opinion (and reasons for the opinion) on whether those results identify, in relation to a monitored market, features of the market (whether systemic or otherwise) that—\n\t(A)\tmay be detrimental to effective competition within the market; or\n\t(B)\tmay be impacting detrimentally on the efficient functioning of the market,\nsuch that a legislative, regulatory or other response is required; and\n\t(ii)\tany limitations that the AER considers may restrict its ability to communicate with relevant persons about the results of the performance of the AER wholesale market monitoring functions;\n\t(c)\tother reporting requirements that relate to the AER wholesale market monitoring functions conferred on the AER by the Rules.\n\t(3)\tA report prepared under subsection (2)(a) must, in relation to a monitored market monitored during the period to which the report relates (which must be a period of at least 5 years), contain a discussion and analysis of—\n\t(a)\tthe results of the performance of the AER wholesale market monitoring functions for the relevant period; and\n\t(b)\tfeatures of the market that impact detrimentally on the efficient functioning of the market and the achievement of the national electricity objective, including (but not limited to)—\n\t(i)\tthe presence of significant barriers to entry; or\n\t(ii)\tany other features of the industry structure that give rise to concerns that there may not be effective competition within the market; and\n\t(c)\tinefficiencies in the market, their causes and whether conditions in the market are such that the inefficiencies are likely to impact detrimentally in the long term on the efficient functioning of the market; and\n\t(d)\tthe monitoring methodology applied and the results of indicators, tests and calculations performed; and\n\t(e)\tother matters of a long term nature relevant to effective competition within the market, including, for example, observations relating to planned increases in interconnector capacity and trends in demand for electricity and in the uptake of alternative sources of energy.\n\t(4)\tThe AER must publish a report prepared under subsection (2)(a) on its website.\n\t(5)\tBefore publishing a report prepared under subsection (2)(a) the AER must consult with relevant stakeholders.\n18D—Information to be treated as confidential\nInformation obtained by the AER under this Division is taken to have been given to the AER in confidence, whether or not a claim of confidentiality is made.\n18E—Redaction of information\n\t(1)\tWhen obtaining a relevant agreement or information about a relevant agreement for the purposes of a function under this Division, the AER must consider a request to omit information that would identify a party to the agreement who is not a Registered participant.\n\t(2)\tThe AER must grant the request unless satisfied that omitting the information is likely to materially affect the AER’s ability to undertake 1 or more functions under this Division.\n","sortOrder":22},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Use of general information gathering powers","content":"Subdivision 2—Use of general information gathering powers\n18EA—Limits on use of section 28 information gathering powers\n\t(1)\tIn undertaking a function under this Division the AER must not use the powers under section 28 in respect of a relevant agreement that ceased to have effect more than 5 years before the commencement of this section.\n\t(2)\tThe Regulations or the Rules may provide that the powers under section 28 must not be used for a function under this Division for 1 or more classes of relevant agreement.\n18EB—Matters to be considered before using section 28 information gathering powers\nBefore using the powers under section 28 for a function under this Division, the AER must—\n\t(a)\tbe satisfied the information is reasonably required for the AER to carry out the function; and\n\t(b)\tconsider whether the information—\n\t(i)\tis publicly available; or\n\t(ii)\tcan be obtained by the AER in another way.\nSubdivision 3—Market monitoring information notices and market monitoring information orders\n18EC—Definitions\nIn this Subdivision—\nmarket monitoring information notice means a notice prepared and served by the AER in accordance with this Subdivision requiring the person named in the notice to do 1 or more of the following:\n\t(a)\tgive the AER the information or a relevant agreement specified in the notice;\n\t(b)\tprepare, maintain and keep information specified in the notice in a manner and form specified in the notice;\nmarket monitoring information order means an order made by the AER in accordance with this Subdivision requiring each person of a class specified in the order to do 1 or more of the following:\n\t(a)\tgive the AER the information or a relevant agreement specified in the order;\n\t(b)\tprepare, maintain and keep information specified in the order in a manner and form specified in the order.\n18ED—Urgent notices and urgent orders\nThe AER may specify a market monitoring information notice or a market monitoring information order as urgent if the AER reasonably believes that access to the relevant information is time critical.\n18EE—Content of notices and orders\n\t(1)\tA market monitoring information notice or a market monitoring information order must specify the following:\n\t(a)\tthe information that must be prepared, maintained and kept;\n\t(b)\tthe information or agreement that must be given to the AER;\n\t(c)\tif the notice or order requires information to be prepared, maintained and kept—the AER’s reasons for requiring information to be prepared, maintained and kept;\n\t(d)\tif the notice or order requires information or an agreement to be given to the AER—\n\t(i)\tthe reasons the AER requires the information or agreement; and\n\t(ii)\tthe date by which the information or agreement must be given to the AER;\n\t(e)\tthe period in which the notice or order operates.\n\t(2)\tA market monitoring information notice or a market monitoring information order may specify the following:\n\t(a)\tthe form in which information or an agreement is to be given to the AER;\n\t(b)\tthe way the information or agreement is to be given to the AER.\n18EF—Notices and orders may be made for both past and future information\n\t(1)\tA market monitoring information notice or a market monitoring information order may apply to 1 or more of the following:\n\t(a)\ta period before the notice was served or the order was made;\n\t(b)\ta period after the notice was served or the order was made.\n\t(2)\tA market monitoring information notice or a market monitoring information order must not be used to obtain a relevant agreement, or information about a relevant agreement, that ceased to have effect more than 5 years before the commencement of this section.\n18EG—Making and serving notices and orders\n\t(1)\tThe AER may, if it considers it reasonably necessary for the performance of its functions under this Division—\n\t(a)\tserve a market monitoring information notice on a person named in the notice; and\n\t(b)\tmake a market monitoring information order.\n\t(2)\tThe AER must, when considering if it is reasonably necessary to serve a market monitoring information notice or make a market monitoring information order—\n\t(a)\tbe satisfied the AER requires the information or agreement to carry out a wholesale market monitoring function; and\n\t(b)\tconsider the costs that are likely to be incurred by a person responding to the notice or order; and\n\t(c)\tconsider whether the information—\n\t(i)\tis publicly available; or\n\t(ii)\tcan be obtained by the AER in another way.\n\t(3)\tA market monitoring information notice or a market monitoring information order must not be used for the purpose of—\n\t(a)\tinvestigating a breach or possible breach of this Law, the Regulations or the Rules; or\n\t(b)\tcommencing or conducting proceedings for a breach or possible breach of this Law, the Regulations or the Rules; or\n\t(c)\tcommencing or conducting an appeal from a decision in proceedings for a breach or possible breach of this Law, the Regulations or the Rules; or\n\t(d)\tresponding to an application for review of a decision of the AER under Part 6 Division 3A.\n\t(4)\tA market monitoring information order must be made in accordance with the Rules.\n\t(5)\tThe Regulations or the Rules may provide that a market monitoring information notice or a market monitoring information order must not be used to obtain the following:\n\t(a)\t1 or more classes of relevant agreement;\n\t(b)\tinformation about 1 or more classes of relevant agreement.\n18EH—AER must consult before making order\n\t(1)\tBefore making a market monitoring information order, the AER must consult the public.\n\t(2)\tConsultation must be undertaken in accordance with the Rules.\n18EI—Publication of orders\nThe AER must publish a market monitoring information order on the AER’s website as soon as practicable after the order is made.\n18EJ—Opportunity to be heard before notice served\n\t(1)\tBefore serving a market monitoring information notice, the AER must give the person on whom the AER intends to serve the notice a draft of the notice and an opportunity to make a submission on the draft notice.\n\t(2)\tA draft notice must state—\n\t(a)\twhether the notice is to be issued as a standard notice or an urgent notice; and\n\t(b)\tfor an urgent notice—the reasons the AER believes access to the relevant information is time critical.\n\t(3)\tA submission must be made—\n\t(a)\tfor a standard notice—within the longer of the following:\n\t(i)\t20 business days after the draft notice is given to the person;\n\t(ii)\tthe period stated in the notice; or\n\t(b)\tfor an urgent notice—within the period stated in the draft notice, being at least 5 business days and not more than 10 business days after the draft notice is given to the person.\n\t(4)\tA submission made within the time periods provided for in subsection (3) must be considered by the AER before serving a market monitoring information notice on a person.\n18EK—Compliance with notice\n\t(1)\tA person who is named in and served with a market monitoring information notice must comply with the notice.\n\t(2)\tIf a market monitoring information notice names 2 or more related bodies corporate, a notice served on the holding company is taken to have been served on each of the named related bodies corporate.\n18EL—Compliance with order\n\t(1)\tA person who is a member of a class of persons specified in a market monitoring information order must comply with the order.\n\t(2)\tThe AER may, by written notice, exempt a person from compliance with an order—\n\t(a)\tin whole or part; and\n\t(b)\tconditionally or unconditionally.\n18EM—Certification of compliance by statutory declaration\n\t(1)\tThe AER may direct the recipient of a market monitoring information notice or market monitoring information order to verify that the recipient’s response to the notice or order is accurate and comprehensive by way of a statutory declaration.\n\t(2)\tA direction may require the statutory declaration to be given by a named officer of the recipient or the holder of a specified office for the recipient.\n\t(3)\tA direction must be given in the relevant market monitoring information notice or market monitoring information order.\n\t(4)\tA failure to comply with a direction given under this section is taken to be a failure to comply with the relevant market monitoring information notice or market monitoring information order.\n18EN—Subdivision does not limit powers under Division 3\nThis Subdivision does not limit the operation of Division 3.\nSubdivision 4—Miscellaneous\n18EO—Wholesale market monitoring guidelines\n\t(1)\tThe AER must prepare guidelines (wholesale market monitoring guidelines) about the following:\n\t(a)\tthe scope of the AER wholesale market monitoring functions;\n\t(b)\tthe collection of information for the purposes of this Division;\n\t(c)\tthe publication and reporting of information under this Division.\n\t(2)\tWithout limiting what may be included in wholesale market monitoring guidelines, the guidelines must include the following:\n\t(a)\tinformation about the things the AER proposes to consider in assessing—\n\t(i)\tcompetition in markets; and\n\t(ii)\tthe effective functioning of markets;\n\t(b)\ta summary of the compliance obligations of persons who hold information;\n\t(c)\tthe processes the AER proposes to adopt in requesting information, including processes designed to minimise the time and resources Registered participants will devote to responding to a request;\n\t(d)\tthe type of information the AER expects to routinely request and how frequently it will request that information;\n\t(e)\tthe type of information the AER does not expect to request;\n\t(f)\tclasses of relevant agreements the AER does not expect to request;\n\t(g)\tthe formats in which the AER expects information to be submitted;\n\t(h)\ta general outline of the way the AER will ensure that commercially sensitive information obtained for wholesale market monitoring functions is kept securely;\n\t(i)\tother matters prescribed by the Regulations or the Rules.\n\t(3)\tBefore making wholesale market monitoring guidelines the AER must consult in accordance with the Rules.\n\t(4)\tWholesale market monitoring guidelines must be—\n\t(a)\tmade in accordance with the Rules; and\n\t(b)\tpublished on the AER website within 6 months after commencement of this section.\n18EP—Review of wholesale market monitoring powers\nThe MCE is to review the operation of this Division as soon as possible after the period of 4 years and 6 months after the commencement of this section.\n","sortOrder":23},{"sectionNumber":"Div 1B","sectionType":"division","heading":"Rate of return instrument","content":"Division 1B—Rate of return instrument\n","sortOrder":24},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Preliminary","content":"Subdivision 1—Preliminary\n18F—Definitions\nconsumer reference group, for making a rate of return instrument, see section 18M(1)(a);\nexplanatory information, for a rate of return instrument, means information about the content of the instrument, including (but not limited to) information explaining—\n\t(a)\tthe reasons for the rate of return on capital or the value of imputation credits under the instrument; and\n\t(b)\thow the stated value, or the way to calculate the rate or value, was decided; and\n\t(c)\tif the instrument replaces another instrument—\n\t(i)\tthe differences (if any) between the instrument and the replaced instrument; and\n\t(ii)\tthe reasons for any differences; and\n\t(d)\twhy the AER is satisfied the instrument will, or is most likely to, contribute to the achievement of the national electricity objective to the greatest degree; and\n\t(e)\thow the AER had regard to the following in making the instrument:\n\t(i)\tthe revenue and pricing principles;\n\t(ii)\tthe matters mentioned in section 18L;\n\t(iii)\testimation methods, financial models, market data and other evidence relevant to making the instrument;\n\t(iv)\tprevailing conditions in the market for equity funds;\n\t(v)\tthe interrelationships between financial parameters used, or to be used, in relation to deciding the rate or value.\n18G—Rate of return instrument has force of law\n\t(1)\tA rate of return instrument has the force of law in this jurisdiction.\n\t(2)\tAn Act of this jurisdiction regulating the making of subordinate legislation does not apply to a rate of return instrument.\n18H—Rate of return instrument is binding on AER and network service providers\nA rate of return instrument is binding on—\n\t(a)\tthe AER in relation to the performance or exercise of an AER economic regulatory function or power; and\n\t(b)\teach network service provider in relation to a matter relevant to the performance or exercise of an AER economic regulatory function or power.\nSubdivision 2—Requirement to make rate of return instrument\n18I—AER to make rate of return instrument\n\t(1)\tThis section applies if a rate of return on capital or the value of imputation credits is required for performing or exercising an AER economic regulatory function or power.\n\t(2)\tThe AER must make an instrument (a rate of return instrument) stating—\n\t(a)\tfor a rate of return on capital—the way to calculate the rate; and\n\t(b)\tfor the value of imputation credits—the value or the way to calculate the value.\n\t(3)\tThe AER may make an instrument only if satisfied the instrument will, or is most likely to, contribute to the achievement of the national electricity objective to the greatest degree.\n\t(4)\tSubject to subsection (3), the way to calculate a rate of return on capital must include a weighted average of an allowed return on equity and an allowed return on debt.\n\t(5)\tIn making an instrument, the AER must have regard to—\n\t(a)\tthe revenue and pricing principles; and\n\t(b)\tother information the AER considers appropriate.\n18J—Content of rate of return instrument\n\t(1)\tIf a rate of return instrument states the value of imputation credits, the instrument must state a single value to apply in relation to all regulated network service providers.\n\t(2)\tIf a rate of return instrument states a way to calculate the rate of return on capital or the value of imputation credits, the instrument must—\n\t(a)\tprovide for the same methodology to apply in relation to all regulated network service providers in calculating the rate or value; and\n\t(b)\tprovide for the methodology to apply automatically without the exercise of any discretion by the AER.\nExample for paragraph (b)—\nThe instrument can not include different methodologies or a band of values from which the AER could choose in applying the instrument.\n\t(3)\tSubject to subsections (1) and (2), the instrument may include other matters the AER considers appropriate.\nMatters to help a regulated network service provider calculate a rate of return or the value of imputation credits.\nSubdivision 3—Consultation requirements\n18K—Process for making rate of return instrument\nSubject to this Division, the AER may make a rate of return instrument in the way it considers appropriate.\n18L—Other matters AER must have regard to in making instrument\nIn making a rate of return instrument, the AER must also have regard to the following:\n\t(a)\tadvice, recommendations or submissions given by a consumer reference group;\n\t(b)\tsubmissions made, and the report published, under section 18M;\n\t(c)\tsubmissions made under section 18O;\n\t(d)\tthe report given by the independent panel under section 18P.\n18M—Requirements before publishing draft instrument\n\t(1)\tBefore publishing a draft rate of return instrument under this Subdivision, the AER must—\n\t(a)\testablish a reference group to help the AER implement an effective consumer consultation process for making the proposed instrument (a consumer reference group); and\n\t(b)\tpublish a notice on its website—\n\t(i)\tinviting persons to make a written submission to the AER about the proposed instrument; and\n\t(ii)\tstating the period, not less than 28 days, within which a submission must be made; and\n\t(c)\tseek concurrent expert opinions or evidence about the proposed instrument.\n\t(2)\tA person may make a submission after the stated period only with the written approval of the AER.\n\t(3)\tSubject to subsections (4) and (5), the AER may seek the expert opinions or evidence in the way it considers appropriate.\nThe AER might convene a conference of experts to identify key issues, and areas of dispute and agreement among the experts, about the content of the proposed instrument.\n\t(4)\tThe AER must call for nominations of eligible experts but may seek the expert opinions or evidence from any eligible expert.\n\t(5)\tIf practicable, the AER must seek the expert opinions or evidence from at least 3 eligible experts.\n\t(6)\tThe AER must publish on its website—\n\t(a)\tsubmissions made under this section; and\n\t(b)\ta report on the outcomes of seeking the expert opinions or evidence.\neligible expert means a person with qualifications or experience in a field the AER considers relevant to making a rate of return instrument.\nExamples of relevant fields—\nFinance, economics, law, consumer affairs, institutional investment.\n18N—Consumer reference group\n\t(1)\tA consumer reference group for making a rate of return instrument—\n\t(a)\tis to consist of the members appointed by the AER; and\n\t(b)\tmay carry out its activities, including giving advice or recommendations to the AER about the instrument, in the way it considers appropriate.\n\t(2)\tWithout limiting subsection (1)(b), the consumer reference group may—\n\t(a)\tconsult with consumers of electricity; and\n\t(b)\tfacilitate consumer engagement in the process for making the instrument; and\n\t(c)\tmake written submissions to the AER about the content of the instrument and the process for making it.\n\t(3)\tThe AER must publish on its website any written advice, recommendations or submissions given to it by the consumer reference group.\n18O—Publication of draft instrument and other information\n\t(1)\tThe AER must, at least 6 months before making a rate of return instrument, publish on its website—\n\t(a)\ta draft of the proposed instrument and the explanatory information for the instrument; and\n\t(b)\ta notice—\n\t(i)\tinviting persons to make a written submission to the AER about the proposed instrument; and\n\t(ii)\tstating the period, not less than 28 days, within which a submission must be made.\n\t(2)\tA person may make a submission after the stated period only with the written approval of the AER.\n\t(3)\tThe AER must publish submissions made under this section on its website.\n18P—Report about draft instrument by independent panel\n\t(1)\tThe AER must, as soon as practicable after publishing the draft instrument, establish an independent panel to give the AER a written report about the instrument.\n\t(2)\tThe panel—\n\t(a)\tmay carry out its activities, including giving the report, in the way it considers appropriate; but\n\t(b)\tmust seek to give the report by consensus.\n\t(3)\tThe panel must—\n\t(a)\tconsist of at least 3 members, appointed by the AER, who have qualifications or experience in a field the AER considers relevant to making a rate of return instrument; and\nExamples of relevant fields—\nFinance, economics, law, consumer affairs, institutional investment.\n\t(b)\tgive the report to the AER before the AER makes the instrument.\n\t(4)\tThe AER must take reasonable steps to minimise and manage any conflicts of interest a panel member may have in relation to making the instrument.\n\t(5)\tThe report must—\n\t(a)\tinclude the panel's assessment of the evidence and reasons supporting the rate of return on capital or the value of imputation credits under the instrument; and\n\t(b)\tstate whether the report is given by consensus.\n\t(6)\tThe AER must publish the report on its website.\n18Q—Publication of explanatory information\nThe AER must publish explanatory information for a rate of return instrument on its website when the instrument is published under section 18S.\n18R—Failure to comply does not affect validity\nFailure to comply with this Subdivision does not invalidate or otherwise affect a rate of return instrument.\nSubdivision 4—Publication, review and other matters\n18S—Publication of rate of return instrument\nAfter making a rate of return instrument, the AER must publish the instrument on its website.\nSee section 18Q for the requirement to publish explanatory information for the instrument.\n18T—Commencement and duration of instrument\nA rate of return instrument—\n\t(a)\tcommences on the day after it is published on the AER's website; and\n\t(b)\tremains in force until the end of the day it is replaced under section 18U.\n18U—Review and replacement of instrument\n\t(1)\tThe AER must—\n\t(a)\treview each rate of return instrument; and\n\t(b)\tmake a new rate of return instrument under this Division to replace the reviewed instrument.\n\t(2)\tThe AER must replace the reviewed instrument by publishing the new instrument on its website on the day that is—\n\t(a)\tthe fourth anniversary of the day the reviewed instrument was published; or\n\t(b)\tif the day mentioned in paragraph (a) is not a business day—the first business day after that day.\n18V—Application of instrument\n\t(1)\tA rate of return instrument—\n\t(a)\tapplies for the purposes of an AER economic regulatory decision made after the commencement of the instrument; and\n\t(b)\tdoes not affect an AER economic regulatory decision made before the commencement of the instrument.\n\t(2)\tTo remove any doubt, it is declared that the application of the instrument under this Law, including, for example, in making a distribution determination or transmission determination, is an AER economic regulatory function or power.\n18W—Rate of return instrument may apply for this Law and the National Gas Law\n\t(1)\tThe AER may make 1 rate of return instrument for the purposes of this Law and the National Gas Law.\n\t(2)\tIf the AER acts under subsection (1)—\n\t(a)\tthe process for making the instrument under Chapter 2 Part 1 Division 1A of the National Gas Law is taken to have been complied with for the instrument; and\n\t(b)\tthe instrument is taken to be the rate of return instrument for the purposes of the National Gas Law.\nSee also section 30R of the National Gas Law.\n\t(3)\tTo remove any doubt, it is declared that the instrument may include different ways to calculate the rate of return on capital and the value of imputation credits for the purposes of this Law and the National Gas Law.\n","sortOrder":25},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Confidentiality of information","content":"Subdivision 5—Confidentiality of information\n18X—Confidentiality\n\t(1)\tIf a person wishes to give information to the AER for the purposes of this Division in confidence—\n\t(a)\tthe person must give the AER written notice that the person claims the information is confidential; and\n\t(b)\tgive reasons to support the claim, including—\n\t(i)\tinformation about the detriment that might be caused to the person if the information were disclosed by the AER; and\n\t(ii)\tinformation that—\n\t(A)\tis reasonably within the person's knowledge and capacity to give; and\n\t(B)\tmay be relevant to the AER's consideration under section 28ZB about whether the public benefit in disclosing the information outweighs the detriment.\n\t(2)\tIn giving reasons to support a claim under subsection (1) about information received from another person (a third party), a person may include information that—\n\t(a)\tis reasonably within the person's knowledge and capacity to give; and\n\t(b)\tis about the detriment that might be caused to the third party if the information were disclosed by the AER; and\n\t(c)\tmay be relevant to the AER's consideration under section 28ZB about whether the public benefit in disclosing the information outweighs the detriment.\n\t(3)\tIn acting under subsection (1), a person must specifically identify the information in relation to which the claim is made.\n\t(4)\tInformation given to the AER for the purposes of this Division is not to be regarded as being given in confidence, or to be confidential in any way, unless the information is subject to an express claim of confidentiality made under this section.\n18Y—Disclosure of information given in confidence\n\t(1)\tDivision 6 applies in relation to publishing information given to the AER in confidence under this Division.\ninformation includes advice, recommendations, submissions and reports.\n","sortOrder":26},{"sectionNumber":"Div 1C","sectionType":"division","heading":"Retailer Reliability Obligation—AER compliance regime","content":"Division 1C—Retailer Reliability Obligation—AER compliance regime\n18Z—Definitions\ncompliance audit—see section 18ZE or 18ZF;\nregulated entity—see section 18ZA(2);\nReliability Compliance Procedures and Guidelines—see section 18ZI.\n18ZA—Obligation of AER to monitor compliance\n\t(1)\tThe AER must monitor compliance of regulated entities with the Retailer Reliability Obligation.\n\t(2)\tEach of the following persons is a regulated entity for the purposes of this Division:\n\t(a)\ta liable entity;\n\t(b)\tanother person prescribed by the Rules.\n18ZB—Obligation of regulated entities to establish arrangements to monitor compliance\n\t(1)\tA regulated entity must establish policies, systems and procedures to enable it to efficiently and effectively monitor its compliance with the Retailer Reliability Obligation.\n\t(2)\tThe policies, systems and procedures must be established and observed in accordance with the Reliability Compliance Procedures and Guidelines.\n18ZC—Obligation of regulated entities to keep records\n\t(1)\tA regulated entity must keep records of its activities that—\n\t(a)\tallow the regulated entity to give accurate information and data relating to its compliance with the Retailer Reliability Obligation; and\n\t(b)\tenable the AER to assess whether the regulated entity has complied with its obligations under the Retailer Reliability Obligation; and\n\t(c)\tcomply with the requirements of subsection (2) and Rules made for the purposes of subsection (3).\n\t(2)\tThe regulated entity must keep the records for 5 years from the end of the year in which the activities take place.\nSubsections (1) and (2) are civil penalty provisions: See the definition of civil penalty provision in section 2AA(1).\n\t(3)\tThe Rules may state requirements about the type and form of records that must be kept under subsection (1).\n18ZD—Obligation of regulated entities to provide information and data about compliance\nA regulated entity must give the AER, in the manner, form and timeframes required by the Reliability Compliance Procedures and Guidelines, information and data relating to the regulated entity's compliance with the Retailer Reliability Obligation.\nThis section is a civil penalty provision: See the definition of civil penalty provision in section 2AA(1).\n18ZE—Compliance audits by AER\n\t(1)\tThe AER may carry out an audit (a compliance audit) of a regulated entity's activities to assess the regulated entity's compliance with the Retailer Reliability Obligation.\n\t(2)\tWithout limitation, a compliance audit may be carried out to assess a regulated entity's compliance with the reliability obligations.\n\t(3)\tThe AER may carry out a compliance audit by arranging for a contractor or another person to carry out the compliance audit on the AER's behalf.\n\t(4)\tThe cost of carrying out a compliance audit of a regulated entity under this section is—\n\t(a)\tan amount determined under the Reliability Compliance Procedures and Guidelines; and\n\t(b)\trecoverable by the AER from the regulated entity.\n18ZF—Compliance audits by regulated entities\n\t(1)\tIf required by the AER, a regulated entity must carry out an audit (a compliance audit) of specified aspects of the entity's activities relating to the entity's compliance with the Retailer Reliability Obligation.\n\t(2)\tThe regulated entity may carry out a compliance audit by arranging for a contractor or another person to carry out the compliance audit on the entity's behalf, but the entity remains responsible for the carrying out of the compliance audit.\n\t(3)\tA regulated entity must give the AER the results of a compliance audit carried out under this section within a period specified by the AER.\nSubsections (1) and (3) are civil penalty provisions: See the definition of civil penalty provision in section 2AA(1).\n18ZG—Carrying out compliance audit\nA compliance audit must be carried out in accordance with the Reliability Compliance Procedures and Guidelines.\n18ZH—Use of information\nThe AER may use any information or data given by a regulated entity under section 18ZD or 18ZF, or obtained under section 18ZE, for the purposes of any of the functions and powers of the AER under section 15 of this Law.\nOtherwise, the AER is subject to Division 6 of this Part and section 44AAF of the Competition and Consumer Act 2010 of the Commonwealth in respect of the disclosure of confidential information it receives.\n18ZI—Reliability Compliance Procedures and Guidelines\n\t(1)\tThe AER must make procedures and guidelines (the Reliability Compliance Procedures and Guidelines) in accordance with the consultation procedure provided for under the Rules.\n\t(2)\tWithout limitation, the Reliability Compliance Procedures and Guidelines may provide guidance for regulated entities about the following:\n\t(a)\tcompliance with the obligations under the Retailer Reliability Obligation, including, for example—\n\t(i)\tthe reliability obligations; and\n\t(ii)\testablishing policies, systems and procedures to monitor its compliance under section 18ZB; and\n\t(iii)\tthe information and data about compliance required to be given to the AER under section 18ZD;\n\t(b)\tthe carrying out of compliance audits, including the costs payable by regulated entities;\n\t(c)\tany additional matters that the AER intends to include in its compliance reports.\nDivision 1D—AER trial waiver functions\n18ZJ—Definitions\nproponent—see section 18ZL(1).\n18ZK—Interpretative matters\n\t(1)\tThe functions of the AER under this Division are the AER trial waiver functions.\n\t(2)\tThis Division does not limit any other provision of this Law or the Rules that provides for an exemption from, or for the waiver of, compliance with this Law or the Rules.\n18ZL—Trial waiver\n\t(1)\tSubject to this section, the AER may, on application by a person or body that proposes to undertake a trial project (a proponent), make a determination to grant the proponent an exemption (a trial waiver) from 1 or more of the following:\n\t(a)\tsection 11 of this Law;\n\t(b)\tthe Rules, or a provision of the Rules.\n\t(2)\tBefore making a determination to grant a trial waiver, the AER must have regard to the innovative trial principles and any matter required by the Rules.\n\t(3)\tAn application for a trial waiver must be made in accordance with the Rules.\n18ZM—Conditions of trial waiver\n\t(1)\tA trial waiver must be in writing and—\n\t(a)\tmust be subject to any conditions required by the Rules; and\n\t(b)\tmay be subject to any conditions the AER considers appropriate.\n\t(2)\tThe AER may vary or revoke a condition of a trial waiver in accordance with the Rules.\n18ZN—Consultation on trial waiver\nBefore granting a trial waiver, the AER must—\n\t(a)\tcomply with any requirements specified by the Rules; and\n\t(b)\tundertake consultation (including with the proponent) in accordance with the Rules.\n18ZO—Publication etc of trial waiver\nAs soon as practicable after a trial waiver is made, a copy of the trial waiver must be published on the AER's website.\n18ZP—Duration of trial waiver\nSubject to this Division, a trial waiver has effect from the day specified in the trial waiver and for the period (not exceeding 5 years) specified in the trial waiver.\n18ZQ—Extension of trial waiver\n\t(1)\tThe AER may, in accordance with the Rules, extend the period for which a trial waiver granted under this Division has effect by a period determined by the AER (which cannot exceed the period prescribed by the Regulations).\n\t(2)\tBefore granting an extension under subsection (1), the AER must have regard to the innovative trial principles and any matter required by the Rules.\n\t(3)\tAn extension under subsection (1) must be in writing and must be published on the AER's website.\n\t(4)\tAn extension under subsection (1) may only be granted once in respect of a trial waiver granted under this Division.\n18ZR—Compliance with trial waiver\n\t(1)\tA proponent granted a trial waiver must comply with any conditions to which the trial waiver is subject.\n\t(2)\tIf a proponent breaches subsection (1), the AER may—\n\t(a)\trevoke the trial waiver; or\n\t(b)\tvary or revoke a condition of, or impose further conditions on, the trial waiver.\n\t(3)\tNothing in this section limits section 18ZS.\n18ZS—Revocation of trial waiver\nThe AER may, in accordance with the Rules, revoke a trial waiver granted under this Division.\n18ZT—Other matters\n\t(1)\tThe AER must not grant a trial waiver if the AER reasonably considers—\n\t(a)\tthat the trial project for which the trial waiver is sought is materially similar to a trial project—\n\t(i)\tfor which a trial Rule has been made; or\n\t(ii)\tthat is the subject of a request under section 91(1) for the making of a trial Rule; or\n\t(b)\tthat the trial project is unlikely to be carried out.\n\t(2)\tThe AER cannot grant itself a trial waiver.\nDivision 2—Search warrants\n19—Definitions\nauthorised person means a person authorised under section 20;\nrelevant provision means a provision of this Law, the Regulations or the Rules.\n20—Authorised person\n\t(1)\tThe AER may, in writing, authorise a person that the AER considers is suitably qualified or trained to be an authorised person for the purposes of this Division.\n\t(2)\tAn authorised person must comply with any direction of the AER in exercising powers or functions as an authorised person.\n20A—Identity cards\n\t(1)\tThe AER must issue an identity card to an authorised person.\n\t(2)\tThe identity card must contain the name, a recent photograph and the signature of the authorised person.\n\t(3)\tAn authorised person must carry the identity card at all times when exercising powers or performing functions as an authorised person.\n\t(4)\tAn authorised person must produce his or her identity card for inspection—\n\t(a)\tbefore exercising a power as an authorised person; or\n\t(b)\tat any time during the exercise of a power as an authorised person, if asked to do so.\n20B—Return of identity cards\nIf a person to whom an identity card has been issued ceases to be an authorised person, the person must return the identity card to the AER as soon as practicable.\nMaximum penalty: $620.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n21—Search warrant\n\t(1)\tAn authorised person may apply to a magistrate for the issue of a search warrant in relation to a particular place if the person—\n\t(a)\tbelieves on reasonable grounds that—\n\t(i)\tthere is or has been or will be a breach of a relevant provision; and\n\t(ii)\tthere is or may be a thing or things of a particular kind connected with that breach on or in that place; or\n\t(b)\treasonably suspects that—\n\t(i)\tthere may have been a breach of a relevant provision; and\n\t(ii)\tthere is or may be a thing or things of a particular kind connected with that breach on or in that place.\n\t(2)\tIf a magistrate is satisfied by the evidence, on oath or by affidavit, of an authorised person that there are reasonable grounds for suspecting that there is, or may be within the next 7 days, a thing or things of a particular kind connected with a breach or possible breach of a relevant provision on or in a place, the magistrate may issue a search warrant authorising an authorised person named in the warrant—\n\t(a)\tto enter the place specified in the warrant, with such assistance and by the use of such force as is necessary and reasonable;\n\t(b)\tto search the place or any part of the place;\n\t(c)\tto search for and seize a thing named or described in the warrant and which the person believes on reasonable grounds to be connected with the breach or possible breach of the relevant provision;\n\t(d)\tto inspect, examine or record an image of anything in the place;\n\t(e)\tto take extracts from, and make copies of, any documents in the place;\n\t(f)\tto take into the place such equipment and materials as the person requires for exercising the powers.\n\t(3)\tA search warrant issued under this section must state—\n\t(a)\tthe purpose for which the search is required and the nature of the suspected breach of the relevant provision; and\n\t(b)\tany conditions to which the warrant is subject; and\n\t(c)\twhether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and\n\t(d)\ta day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.\n\t(4)\tExcept as provided by this Law, the rules to be observed with respect to search warrants mentioned in any relevant laws of this jurisdiction extend and apply to warrants under this section.\n22—Announcement of entry and details of warrant to be given to occupier or other person at premises\n\t(1)\tThis section applies if the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed.\n\t(2)\tThe authorised person executing the warrant must—\n\t(a)\tidentify himself or herself to that person; and\n\t(b)\tannounce that he or she is authorised by the warrant to enter the place; and\n\t(c)\tbefore using force to enter, give the person an opportunity to allow entry; and\n\t(d)\tgive the person a copy of the warrant.\n\t(3)\tThe authorised person executing the warrant is not entitled to exercise any powers under the warrant in relation to premises if the authorised person does not comply with subsection (2).\n23—Announcement before entry\nAn authorised person executing a warrant need not comply with section 22 if he or she believes on reasonable grounds that immediate entry to premises is required to ensure—\n\t(a)\tthe safety of any person; or\n\t(b)\tthat the effective execution of the search warrant is not frustrated.\n24—Copies of seized documents\n\t(1)\tIf an authorised person executing a warrant retains possession of a document seized from a person in accordance with the warrant, the authorised person must give that other person, within 21 days of the seizure, a copy of the document certified as correct by the authorised person executing the warrant.\n\t(2)\tA copy of a document certified under subsection (1) shall be received in all relevant courts and all tribunals as evidence of equal validity to the original.\n25—Retention and return of seized documents or things\n\t(1)\tIf an authorised person executing a warrant seizes a document or other thing in accordance with the warrant, the authorised person must if he or she is not a person employed by the AER, give the document or other thing seized to the AER.\n\t(2)\tThe AER must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.\n\t(3)\tIf the document or thing seized has not been returned within 3 months after it was seized, the AER must take reasonable steps to return it unless—\n\t(a)\tproceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or\n\t(b)\ta magistrate makes an order under section 26 extending the period during which the document or thing may be retained.\n26—Extension of period of retention of documents or things seized\n\t(1)\tThe AER may apply to a magistrate—\n\t(a)\twithin 3 months after a document or other thing was seized in accordance with a warrant; or\n\t(b)\tif an extension has been granted under this section, before the end of the period of the extension,\nfor an extension of the period for which the AER may retain the document or thing but so that the total period of retention does not exceed 12 months.\n\t(2)\tAn application must be made before proceedings for the purpose for which the document or thing was retained have been commenced.\n\t(3)\tA magistrate may order such an extension if he or she is satisfied that—\n\t(a)\tit is in the interests of justice; and\n\t(b)\tthe total period of retention does not exceed 12 months; and\n\t(c)\tretention of the document or other thing is necessary—\n\t(i)\tfor the purposes of an investigation into whether a breach of a relevant provision has occurred; or\n\t(ii)\tto enable evidence of a breach of a relevant provision to be obtained for the purposes of a proceeding under this Law.\n\t(4)\tIf proceedings are commenced for the purpose for which the document or thing was retained at any time before the expiry of the period specified in an order under this section, the document or thing may be retained until those proceedings (including any appeal) have been completed despite those proceedings being completed after the period specified in the order.\n\t(5)\tAt least 7 days prior to the hearing of an application under this section by a magistrate, notice of the application must be sent to the owner of the document or thing described in the application.\n27—Obstruction of person authorised to enter\nA person must not, without reasonable excuse, obstruct or hinder an authorised person in the exercise of a power under a search warrant under this Division.\n\t(a)\tin the case of a natural person—$3 400;\n\t(b)\tin the case of a body corporate—$17 000.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\nDivision 3—General information gathering powers\n28—Power to obtain information and documents in relation to performance and exercise of functions and powers\n\t(1)\tIf the AER has reason to believe that a person is capable of providing information, producing a document or giving evidence that the AER requires for the performance or exercise of a function or power conferred on it under this Law or the Rules, the AER may, by notice in writing, serve on that person a notice (a relevant notice).\n\t(2)\tA relevant notice may require the person to do 1 or more of the following:\n\t(a)\tprovide to the AER, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any information of the kind referred to in subsection (1); or\n\t(b)\tproduce to the AER, or to a person specified in the notice acting on its behalf, in accordance with the notice, any documents of the kind referred to in subsection (1); or\n\t(c)\tappear before the AER, or before a member of the staff assisting the AER who is an SES employee or an acting SES employee and who is specified in the notice, at a time and place specified in the notice, to provide any information or to give any evidence of the kind referred to in subsection (1), either orally or in writing, and to produce any documents of the kind referred to in subsection (1).\n\t(3)\tA person on whom a relevant notice is served must comply with the relevant notice unless the person has a reasonable excuse.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts specified to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n\t(3a)\tA person must not, when appearing under subsection (2)(c), refuse or fail to answer a question that the person is required to answer for the purpose of providing information or giving evidence unless the person has a reasonable excuse.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts specified to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n\t(4)\tA person must not, in purported compliance with a relevant notice, provide information or give evidence that the person knows is false or misleading in a material particular.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n\t(5)\tIt is a reasonable excuse for the purposes of subsection (3) if the person served the relevant notice is not capable of complying with that notice.\n\t(5a)\tIt is a reasonable excuse for the purposes of subsection (3a) if the person is not capable of providing the information or giving the evidence (as the case may be) to which the question relates.\n\t(6)\tIt is a reasonable excuse for a natural person to—\n\t(a)\tfail to provide information or to give evidence of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice;\n\t(b)\tfail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER,\nif to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or another jurisdiction in Australia (whether or not that other jurisdiction is a participating jurisdiction).\n\t(7)\tIt is not a reasonable excuse for a person to—\n\t(a)\tfail to provide information of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice; or\n\t(b)\tfail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER,\non the ground of any duty of confidence.\n\t(8)\tThis section does not require a person to—\n\t(a)\tprovide information that is the subject of legal professional privilege; or\n\t(b)\tproduce a document the production of which would disclose information that is the subject of legal professional privilege.\n\t(9)\tThis section does not require a person to—\n\t(a)\tprovide information or give evidence that would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or\n\t(b)\tproduce a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or\n\t(c)\tprovide information, give evidence or produce a document that would disclose the deliberations of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory.\n\t(9a)\tThe AER, or a person specified in a relevant notice under this section, may require evidence given under subsection (2)(c) to be given on oath or affirmation and for that purpose the AER or specified person (as the case may be) may administer the oath or affirmation.\n\t(9b)\tA person must not, without reasonable excuse, refuse or fail to be sworn or to make an affirmation under subsection (9a).\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n\t(10)\tA person incurs, by complying with a relevant notice, no liability for breach of contract, breach of confidence or any other civil wrong.\n\t(11)\tSubject to the preceding subsections, the Court may, on application by the AER on behalf of the Commonwealth, if satisfied that a person has breached subsection (3) or (3a), make an order that the person take such action as the Court requires for remedying the breach.\n\t(12)\tTo avoid doubt, the Court may act under subsection (11) if satisfied on the balance of probabilities that a person is in breach of subsection (3) or (3a) (as the case may be).\n\t(13)\tThe AER must not exercise, or continue to exercise, a power under subsection (1) in relation to a matter (and any notice under that subsection will cease to have effect)—\n\t(a)\tafter the AER has commenced proceedings in relation to the matter, other than proceedings for an injunction (whether interim or final); or\n\t(b)\tif proceedings for a final injunction have been commenced by the AER—after the close of pleadings in those proceedings.\n\t(14)\tSubsection (13) does not prevent the AER from—\n\t(a)\tusing any information, evidence or document acquired under this section in any proceedings if the information, evidence or document has been obtained before the commencement of those proceedings; or\n\t(b)\texercising a power under this section for a purpose other than for the purposes of proceedings referred to in that subsection.\n\t(15)\tAny information, evidence or document obtained under subsection (14)(b) may be used in any proceedings if it is found to be relevant to those proceedings.\n\t(16)\tThe Regulations may make any other provision in relation to the form, content or service of a notice under this section.\n\t(17)\tAn annual report for the AER must include the following information relating to the relevant reporting period for that report:\n\t(aa)\tthe number of notices given under this section for the purposes of a function under Division 1A;\n\t(a)\tthe number of notices (if any) given under subsection (2)(c) during the reporting period to appear to provide information or to give evidence orally;\n\t(b)\tin relation to a notice under paragraph (a)—a general description of the nature of the matter or matters in respect of which the notice was given;\n\t(c)\tthe number of proceedings (if any) commenced during the reporting period to challenge a notice given under subsection (2)(c) to appear to provide information or to give evidence orally.\n\t(18)\tA person must not—\n\t(a)\tthreaten, intimidate or coerce another person; or\n\t(b)\tcause or procure damage, loss or disadvantage to another person,\nbecause that other person—\n\t(c)\tproposes to provide information, give evidence or produce a document in response to a notice under this section; or\n\t(d)\tproposes to appear, or has appeared, in response to a notice under this section.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n\t(19)\tIn this section—\nacting SES employee has the same meaning as in the Public Service Act 1999 of the Commonwealth;\nSES employee has the same meaning as in the Public Service Act 1999 of the Commonwealth.\nDivision 4—Regulatory information notices and general regulatory information orders\n28A—Definitions\ncontributing service has the meaning given by section 28B;\nrelated provider means a person who supplies a contributing service to a regulated network service provider.\n28B—Meaning of contributing service\n\t(1)\tA contributing service is a service that the AER, in accordance with this section, decides is a service that contributes in a material way to the provision of an electricity network service by a regulated network service provider.\n\t(2)\tIn deciding whether a service is a service that contributes in a material way to the provision of an electricity network service by a regulated network service provider, the AER must have regard to—\n\t(a)\tthe nature and kind of the service;\n\t(b)\twhen the service was first supplied;\n\t(c)\tthe nature and extent of the contribution of the service relative to—\n\t(i)\tthe electricity network service; and\n\t(ii)\tall other services supplied by the regulated network service provider;\n\t(d)\twhether the service was previously supplied—\n\t(i)\tby the regulated network service provider; or\n\t(ii)\tdirectly or indirectly by an associate of the regulated network service provider;\n\t(e)\twhether the service, together with other services, contributes in a material way to the provision of electricity network services;\n\t(f)\tany other matter specified under the Rules.\n28C—Meaning of general regulatory information order\nA general regulatory information order is an order made by the AER in accordance with this Division that requires each regulated network service provider of a specified class, or each related provider of a specified class, to do either or both of the following:\n\t(a)\tprovide to the AER the information specified in the order;\n\t(b)\tprepare, maintain or keep information specified in the notice in a manner and form specified in the order.\n28D—Meaning of regulatory information notice\nA regulatory information notice is a notice prepared and served by the AER in accordance with this Division that requires the regulated network service provider, or a related provider, named in the notice to do either or both of the following:\n\t(a)\tprovide to the AER the information specified in the notice;\n\t(b)\tprepare, maintain or keep information specified in the notice in a manner and form specified in the notice.\n28E—Division does not limit operation of information gathering powers under Division 3\nThis Division does not limit the operation of Division 3.\nSubdivision 2—Serving and making of regulatory information instruments\n28F—Service and making of regulatory information instruments\n\t(1)\tSubject to this Division, the AER, if it considers it reasonably necessary for the performance or exercise of its functions or powers under this Law or the Rules, may—\n\t(a)\tserve a regulatory information notice on a regulated network service provider or a related provider; or\n\t(b)\tmake a general regulatory information order.\n\t(2)\tIn considering whether it is reasonably necessary to serve a regulatory information notice, or make a general regulatory information order, the AER must have regard to—\n\t(a)\tthe matter to be addressed by—\n\t(i)\tthe service of the regulatory information notice; or\n\t(ii)\tthe making of the general regulatory information order; and\n\t(b)\tthe likely costs that may be incurred by an efficient network service provider or efficient related provider in complying with the notice or order.\nThe AER must also exercise its powers under this section in a manner that will or is likely to contribute to the achievement of the national electricity objective: see section 16.\n\t(3)\tA regulatory information notice must not be served, or a general regulatory information order must not be made, solely for the purpose of—\n\t(a)\tinvestigating breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or\n\t(b)\tinstituting and conducting proceedings in relation to breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or\n\t(c)\tinstituting and conducting appeals from decisions in proceedings referred to in paragraph (b); or\n\t(e)\tany application for review of a decision of the AER under Division 3A of Part 6.\n28G—Additional matters to be considered for related provider regulatory information instruments\n\t(1)\tThis section applies if the AER is intending to—\n\t(a)\tserve a regulatory information notice on a related provider; or\n\t(b)\tmake a general regulatory information order that will apply to a class of related providers.\n\t(2)\tIn addition to the matters set out in section 28F(2), the AER, in considering whether it is reasonably necessary to serve the regulatory information notice, or make the general regulatory information order, must have regard to—\n\t(a)\twhether the regulated network service provider being supplied a contributing service by the related provider or related providers to which the intended regulatory information instrument will apply can—\n\t(i)\tprovide the information to be specified in that instrument; or\n\t(ii)\tprepare, maintain or keep the information to be specified in the particular manner and form to be specified in that instrument; and\n\t(b)\tthe extent to which the related provider or related providers to which the intended regulatory information instrument will apply is, or are, supplying a contributing service on a genuinely competitive basis; and\n\t(c)\tthe nature of any ownership or control between—\n\t(i)\tthe regulated network service provider being supplied a contributing service by a related provider to which the intended regulatory information instrument will apply; and\n\t(ii)\tthat related provider; and\n\t(d)\tthe nature of any ownership or control as between different related providers supplying the contributing service to the regulated network service provider; and\n\t(e)\tany other matter the AER considers relevant.\n\t(3)\tFor the purposes of subsection (2)(b), in considering whether a contributing service is being supplied on a genuinely competitive basis, the AER may take into account—\n\t(a)\twhether there is effective competition in the market for the supply of the contributing service; and\n\t(b)\twhether the related provider supplies the contributing service to a regulated network service provider under a contract, arrangement or understanding entered into with that regulated network service provider following a competitive process for the awarding of the right to enter into that contract, arrangement or understanding involving persons who were not associates of the regulated network service provider.\n28H—AER must consult before publishing a general regulatory information order\nThe AER must, in accordance with the Rules, consult with the public in relation to the general regulatory information order it proposes to make before it makes that order.\nSee also section 28ZC about what the AER must and may do after receiving submissions.\n28I—Publication requirements for general regulatory information orders\n\t(1)\tA general regulatory information order made under section 28F(1)(b) must be published on the AER's website as soon as practicable after it is made.\n28J—Opportunity to be heard before regulatory information notice is served\n\t(1)\tThe AER, before serving a regulatory information notice, must—\n\t(a)\tnotify, in writing, the regulated network service provider, or the related provider, on whom the AER intends to serve the regulatory information notice of its intention to do so; and\n\t(b)\tgive the regulated network service provider a draft of the regulatory information notice it intends to serve.\n\t(2)\tIf the regulatory information notice to be served is an urgent notice, the AER must, in a notice under subsection (1)—\n\t(a)\tidentify the regulatory information notice to be served as an urgent notice; and\n\t(b)\tgive its reasons, in writing, why the regulatory information notice to be served is an urgent notice.\n\t(3)\tA regulatory information notice is an urgent notice if—\n\t(a)\tunder the notice the AER will require the regulated network service provider or related provider to provide information to the AER; and\n\t(b)\tthat requirement has arisen because the AER considers it must deal with or address a particular matter or thing in order for it to make an AER economic regulatory decision or a rate of return instrument; and\n\t(c)\tthe AER considers that, having regard to the time within which it must make that AER economic regulatory decision or rate of return instrument, the time within which the AER requires the information is of the essence.\n\t(4)\tA notice under subsection (1) must—\n\t(a)\tinvite the regulated network service provider, or the related provider, to make written representations to the AER as to whether the AER should serve the regulatory information notice on them; and\n\t(b)\tspecify the period within which the regulated network service provider, or the related provider, may make the representations.\n\t(5)\tThe period that must be specified in accordance with subsection (4) must be—\n\t(a)\tin the case of an urgent notice to be served—a period of not less than 5 business days and not more than 10 business days calculated from the date of the notice under subsection (1);\n\t(b)\tin all other cases—a period of at least 20 business days calculated from the date of the notice under subsection (1).\n\t(6)\tThe AER must consider the written representations made in accordance with a notice under subsection (1) before making its decision in accordance with this Division to serve the regulatory information notice.\nSubdivision 3—Form and content of regulatory information instruments\n28K—Form and content of regulatory information instrument\n\t(1)\tA regulatory information instrument—\n\t(a)\tmust specify the information required to be—\n\t(ii)\tprepared, maintained or kept in the particular manner and form specified in the instrument; and\n\t(b)\tmay specify the manner and form in which the information described in the instrument is required to be—\n\t(ii)\tprepared, maintained or kept; and\n\t(c)\tmust state the reasons of the AER for requiring the information described in the instrument to be—\n\t(ii)\tprepared, maintained or kept in the particular manner and form specified in the instrument; and\n\t(d)\tin the case of an instrument requiring information to be provided to the AER, must specify when the information must be provided.\n\t(2)\tIn the case of a regulatory information notice, the notice must name the regulated network service provider or the related provider to whom it applies.\n\t(3)\tIn the case of a general regulatory information order, the order must specify the class of regulated network service provider, or related provider, to whom the order applies.\n28L—Further provision about the information that may be specified in a regulatory information instrument\nWithout limiting section 28K(1)(a), the information that may be required to be provided to the AER, or to be prepared, maintained or kept, may include—\n\t(a)\thistoric, current and forecast information (including financial information);\n\t(b)\tinformation that is or may be derived from other information in the possession or control of the service provider or the related provider to whom the instrument applies;\n\t(c)\tinformation to enable the AER to verify whether the regulated network service provider to whom the instrument applies is or has been complying with a requirement under the Rules relating to—\n\t(i)\tthe operational and structural separation of a regulated network service provider's business; or\n\t(ii)\tarrangements between a regulated network service provider and an associate that provides electricity network services;\n\t(d)\tinformation to enable the AER to verify compliance with any requirements for the allocation of costs between electricity services under—\n\t(i)\tthe Rules; or\n\t(ii)\ta network revenue or pricing determination.\n28M—Further provision about manner in which information must be provided to AER or kept\nWithout limiting section 28K(1)(b), a regulatory information instrument may require that the information specified in the instrument—\n\t(a)\tbe provided to the AER, or prepared, maintained or kept, on an annual basis or some other basis, including on the occurrence of a specified event or a state of affairs;\n\t(b)\tbe provided to the AER, or prepared, maintained or kept, in accordance with specified Rules;\n\t(c)\tbe provided to the AER, or prepared, maintained or kept, in accordance with any document, code, standard, rule, specification or method formulated, issued, prescribed or published by the AER or any person, authority or body whether—\n\t(i)\twholly or partially or as amended by the instrument; or\n\t(ii)\tas formulated, issued, prescribed or published at the time the instrument is served or published or at any time before the instrument is served or published; or\n\t(iii)\tas amended from time to time;\nThe AER may require a service provider to provide information in a form and manner that complies with relevant accounting standards.\n\t(d)\tbe verified by way of statutory declaration by an officer of the regulated network service provider, or of a related provider, to whom the instrument applies;\n\t(e)\tbe audited—\n\t(i)\tby a class of person specified in the instrument before it is provided to the AER; and\n\t(ii)\tat the expense of the regulated network service provider or related provider to whom the instrument applies.\nSubdivision 4—Compliance with regulatory information instruments\n28N—Compliance with regulatory information notice that is served\nOn being served a regulatory information notice, a person named in the notice must comply with the notice.\n28O—Compliance with general regulatory information order\n\t(1)\tOn publication of a general regulatory information order in accordance with section 28I(1), a person who is a member of the class of person to which a general regulatory information order applies must comply with the order.\n\t(2)\tSubsection (1) does not apply to a person who has been given an exemption under section 28P.\n28OA—Confidentiality issues\n\t(1)\tIf a person wishes, in complying with a regulatory information instrument, to give information to the AER in confidence, the person must, when the information is given to the AER—\n\t(a)\tmake a claim of confidentiality; and\n\t(b)\tprovide reasons in support of the claim, which must include—\n\t(i)\tinformation about any detriment that might be caused to the person if the information were to be disclosed by the AER; and\n\t(ii)\tinformation—\n\t(A)\tthat is reasonably within the person's knowledge and capacity to give; and\n\t(B)\tthat may be relevant to the AER's consideration under section 28ZB of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\n\t(2)\tA person may, in providing reasons in support of a claim under subsection (1) in respect of information received from another person (a third party), include information—\n\t(a)\tthat is reasonably within the person's knowledge and capacity to give; and\n\t(b)\tthat—\n\t(i)\tis about any detriment that might be caused to the third party if the information were to be disclosed by the AER; and\n\t(ii)\tmay be relevant to the AER's consideration under section 28ZB of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\n\t(3)\tA person must, in acting under subsection (1), specifically identify the information in relation to which the claim is made.\n\t(4)\tInformation given to the AER in compliance with a regulatory information instrument is not to be regarded as being given to the AER in confidence (or to be confidential in any other respect) unless it is subject to an express claim of confidentiality made in accordance with this section.\n28OB—Disclosure of information given to AER in compliance with regulatory information instrument\nThe AER, in relation to information given to the AER in compliance with a regulatory information instrument, is authorised to—\n\t(a)\tif no claim of confidentiality has been made in accordance with section 28OA in relation to the information, disclose the information; or\n\t(b)\tif a claim of confidentiality has been made in accordance with section 28OA in relation to the information, disclose the information in accordance with Division 6.\n28P—Exemptions from compliance with general regulatory information order\n\t(1)\tThe AER may exempt a person, or a class of person, from complying with section 28O—\n\t(a)\tunconditionally or on specified conditions; or\n\t(b)\twholly or to the extent as is specified in the exemption.\n\t(2)\tAn exemption under this section must be in writing.\n28Q—Assumptions where there is non-compliance with regulatory information instrument\n\t(a)\tunder a regulatory information instrument the AER—\n\t(i)\trequires a regulated network service provider to provide information to the AER for the purpose of enabling the AER to make an AER economic regulatory decision relating to the regulated network service provider or to make a rate of return instrument; or\n\t(ii)\trequires a related provider to provide information to the AER that is relevant to the making of an AER economic regulatory decision relating to a regulated network service provider or the making of a rate of return instrument; and\n\t(b)\tthe regulated network service provider or related provider—\n\t(i)\tdoes not provide the information to the AER in accordance with the applicable regulatory information instrument; or\n\t(ii)\tprovides information that is insufficient (when compared to what was requested under the applicable regulatory information instrument).\n\t(2)\tWithout limiting sections 28N and 28O and despite anything to the contrary in this Law or the Rules, the AER—\n\t(a)\tmay make the AER economic regulatory decision or the rate of return instrument on the basis of the information the AER has at the time it makes that decision or instrument; and\n\t(b)\tin making that decision or instrument, may make reasonable assumptions (including assumptions adverse to the interests of the regulated network service provider) in respect of the matters the information required under the regulatory information instrument would have addressed had that information been provided as required.\nSubdivision 5—General\n28R—Providing to AER false and misleading information\nA person must not, in purported compliance with a regulatory information instrument requiring the person to provide information to the AER, provide information to the AER that the person knows is false or misleading in a material particular.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n28S—Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument\n\t(1)\tA person must not refuse to comply with a regulatory information instrument on the ground of any duty of confidence.\n\t(2)\tA person incurs, by complying with a regulatory information instrument, no liability for breach of contract, breach of confidence or any other civil wrong.\n28T—Legal professional privilege not affected\nA regulatory information instrument, and sections 28N and 28O, are not to be taken as requiring a person to—\n\t(a)\tprovide to the AER information that is the subject of legal professional privilege; or\n\t(b)\tproduce a document to the AER the production of which would disclose information that is the subject of legal professional privilege.\n28U—Protection against self-incrimination\n\t(1)\tIt is a reasonable excuse for a natural person to whom section 28N applies not to comply with a regulatory information notice served on the person requiring the person to provide information to the AER if to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or another jurisdiction in Australia (whether or not that other jurisdiction is a participating jurisdiction).\n\t(2)\tIt is a reasonable excuse for a natural person to whom section 28O applies not to comply with a general regulatory information order made requiring the person to provide information to the AER if to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or another jurisdiction in Australia (whether or not that other jurisdiction is a participating jurisdiction).\nDivision 5—Network service provider performance reports\n28V—Preparation of network service provider performance reports\n\t(1)\tSubject to this section, the AER may prepare a report on the financial performance or operational performance of 1 or more network service providers in providing electricity network services.\nThe AER may only prepare a report under subsection (1) if the preparation of the report will or is likely to contribute to the achievement of the national electricity objective: see section 16.\n\t(1a)\tThe AER must prepare a report under this section if (and to the extent) required by the Rules.\n\t(2)\tA report prepared under this section may—\n\t(a)\tdeal with the financial or operational performance of the network service provider in relation to—\n\t(i)\tcomplying with (as the case requires) distribution service standards or transmission service standards; and\n\t(ii)\tstandards relating to the provision of electricity network services to network service users or end users; and\n\t(iii)\tthe profitability and efficiency of network service providers in providing electricity network services; and\n\t(b)\tif the AER considers it appropriate, deal with the performance of the network service provider in relation to other matters or things if that performance is directly related to the performance or exercise by the AER of an AER economic regulatory function or power.\n\t(3)\tA report prepared under this section may include—\n\t(a)\tinformation provided to the AER by a person in compliance with a regulatory information instrument; and\n\t(b)\tin the case of a report dealing with the financial performance of 1 or more network service providers, a comparison of the profitability or efficiency of the network service providers to which the report relates from the provision of electricity network services by them.\n\t(4)\tBefore preparing a report under this section, the AER must, in accordance with the Rules, consult with the persons or bodies specified by the Rules.\n\t(4A)\tAny information that is used to prepare a report under this section may be used by the AER in preparing any report under the National Energy Retail Law or the National Energy Retail Rules, including (but not limited to) a retail market performance report under Division 2 of Part 12 of that Law.\n\t(5)\tThe AER may publish a report prepared under this section on its website.\n","sortOrder":27},{"sectionNumber":"Div 6","sectionType":"division","heading":"Disclosure of confidential information held by AER","content":"Division 6—Disclosure of confidential information held by AER\n28W—Authorised disclosure of information given to the AER in confidence\nThe AER is authorised to disclose information given to it in confidence in, or in connection with, the performance or exercise of its functions or powers under this Law or the Rules subject to and in accordance with—\n\t(a)\tthis Division; or\n\t(b)\tsection 146.\nSee also section 18 of this Law and section 44AAF of the Competition and Consumer Act 2010 of the Commonwealth.\n28X—Disclosure with prior written consent is authorised\nThe AER is authorised to disclose information given to it in confidence if the AER has the written consent to do so of—\n\t(a)\tthe person who gave the information; or\n\t(b)\tthe person from whom the person referred to in paragraph (a) received that information.\n28Y—Disclosure for purposes of court and tribunal proceedings and to accord natural justice\nThe AER is authorised to disclose information given to it in confidence—\n\t(a)\tfor the purposes of civil or criminal proceedings; or\n\t(b)\tfor the purposes of a proceeding before the Tribunal or a tribunal established by or under a law of this jurisdiction or another participating jurisdiction; or\n\t(c)\tfor the purposes of according natural justice to a person affected by a decision (however described) of the AER under this Law or the Rules.\n28YA—Disclosure of information to Energy Security Board\nThe AER is authorised to disclose to the Energy Security Board information given to the AER in confidence in or in connection with the performance of its functions or the exercise of its powers under this Law or the Rules.\n28Z—Disclosure of information given to the AER with confidential information omitted\n\t(a)\tin compliance with this Law or the Rules or voluntarily, a person gives the AER information in confidence; and\n\t(b)\tthat information is contained in a document with other information.\n\t(2)\tThe AER may disclose the document with the information given in confidence omitted.\n\t(3)\tThe AER must include a note at the place in the document from which the information given in confidence is omitted to the effect that that information has been omitted from the document.\n28ZA—Disclosure of information given in confidence does not identify anyone\nThe AER is authorised to disclose the information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if—\n\t(a)\tit does not disclose any elements of the information that could lead to the identification of the person to whom that information relates; or\n\t(b)\tthe manner in which it discloses the information does not identify the person to whom that information relates.\nInformation disclosed under this section may be combined or arranged with other information provided that the manner in which that information is combined or arranged will not lead to the identification of the person to whom the information relates.\n28ZAA—Disclosure of information in an aggregated form\nThe AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if the information has been combined or arranged with other information so that it does not reveal any confidential aspects of the information.\n28ZAB—Disclosure of information that has entered the public domain\nThe AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if the information is already in the public domain.\n28ZB—Disclosure of information authorised if detriment does not outweigh public benefit\n\t(1)\tDespite sections 28X to 28ZAB (inclusive), the AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, after the restricted period if the AER is of the opinion—\n\t(a)\tthat the disclosure of the information would not cause detriment to the person who has given it or to the person from whom that person received it; or\n\t(b)\tthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n\t(1a)\tHowever—\n\t(a)\tin the case of information given to the AER in order to comply with a regulatory information instrument—the AER must not disclose information under subsection (1) unless and until—\n\t(i)\tthe AER has considered any reasons and information given to the AER under section 28OA(1)(b) and (2) when determining whether or not it is of the opinion required by subsection (1); and\n\t(ii)\tthe AER has complied with subsections (1b), (1c) and (1d); and\n\t(iii)\tthe restricted period has expired; and\n\t(b)\tin the case of other information—the AER must not disclose information under subsection (1) unless and until—\n\t(i)\tthe AER has complied with subsections (2) to (6) (inclusive); and\n\t(ii)\tthe restricted period has expired.\n\t(1b)\tIf the AER wishes to disclose information to which subsection (1a)(a) applies (after taking into account the requirements of subsections (1) and (1a)(a)) and—\n\t(a)\tthe AER intends to disclose the information on the basis of the AER having formed the opinion required by subsection (1)(a), the AER must give the person who gave the information and, if the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person's identity and address, that other person—\n\t(i)\ta written notice stating—\n\t(A)\tthat the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n\t(B)\tthat the AER is of the opinion required by subsection (1)(a); and\n\t(ii)\tthe AER's decision, in writing, setting out the reasons why the AER—\n\t(A)\twishes to make the disclosure; and\n\t(B)\tis of the opinion required by subsection (1)(a); or\n\t(b)\tthe AER intends to disclose the information on the basis of the AER having formed the opinion required by subsection (1)(b), the AER must give the person who gave the information and, if the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person's identity and address, that other person—\n\t(i)\ta written notice stating—\n\t(A)\tthat the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n\t(B)\tthat the AER is of the opinion required by subsection (1)(b); and\n\t(C)\tthat the person, within the period specified in the notice (which must not be less than 5 business days after the date the notice is given to the person), may make representations to the AER solely in relation to the AER's reasons for deciding that the public benefit in disclosing the information outweighs any detriment that may be caused to the person by the disclosure; and\n\t(ii)\tthe AER's decision, in writing, setting out the reasons why the AER—\n\t(A)\twishes to make the disclosure; and\n\t(B)\tis of the opinion required by subsection (1)(b).\n\t(1c)\tThe AER must consider any representation that complies with the requirements of subsection (1b)(b)(i)(C) made to it by a person given a notice under subsection (1b)(b)(i) within the time specified in the notice.\n\t(1d)\tIf, after considering any representation under subsection (1c), the AER wishes to disclose the information, the AER must give each person given a notice under subsection (1b)(b)(i)—\n\t(a)\ta written notice stating—\n\t(ii)\tthat the AER is of the opinion required by subsection (1)(b); and\n\t(ii)\tis of the opinion required by subsection (1)(b).\n\t(1e)\tTo avoid doubt, a person entitled to make representations under subsection (1b)(b)(i) is not entitled to make representations under that subsection in relation to the AER's assessment of the detriment that may be caused to the person by the intended disclosure of the information.\n\t(2)\tBefore disclosing information to which subsection (1a)(b) applies, the AER must give the person who gave the information—\n\t(iii)\tthat the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n\t(3)\tIf the AER is aware that the person who gave information to which subsection (1a)(b) applies in turn received the information from another person and is aware of that other person's identity and address, the AER must, before disclosing the information give that other person—\n\t(iii)\tthat the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n\t(4)\tThe AER must consider every representation made to it by a person given an initial disclosure notice within the time specified in the notice.\n\t(5)\tThe period of time specified in an initial disclosure notice must not be less than 5 business days after the date the initial disclosure notice is given to the person.\n\t(6)\tIf after considering any representation under subsection (4), the AER wishes to disclose the information, the AER must give the person given the initial disclosure notice—\n\t(a)\ta written notice (a further disclosure notice) stating—\n\t(7)\tFor the purposes of this section, the disclosure of anything that is already in the public domain at the time the AER wishes to disclose it cannot cause detriment to any person referred to in subsection (1b), (2) or (3).\n\t(7a)\tDespite anything to the contrary in this Law, this section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to—\n\t(a)\tthe AER's decision under subsection (1) to disclose information given in confidence to the AER including, but not limited to, such information given to the AER in compliance with a regulatory information instrument and in relation to which a claim of confidentiality has been made in accordance with section 28OA; and\n\t(b)\twithout limiting paragraph (a), if the AER's decision under subsection (1) is to disclose the confidential information, the AER's opinion—\n\t(i)\tthat the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or\n\t(ii)\tthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\nrestricted period means—\n\t(a)\tin the case of information given to the AER in order to comply with a regulatory information instrument—a period of 5 business days after—\n\t(i)\ta notice has been given under subsection (1b)(a)(i); or\n\t(ii)\t—\n\t(A)\ta notice has been given under subsection (1b)(b)(i); or\n\t(B)\ta notice has been given under subsection (1d)(a),\nwhichever is the later; or\n\t(b)\tin the case of other information—a period of 5 business days after—\n\t(i)\tan initial disclosure notice has been given under this section; or\n\t(ii)\ta further disclosure notice has been given under this section,\nwhichever is the later.\nDivision 7—Miscellaneous matters\n28ZC—Consideration by the AER of submissions made to it under this Law\nIf, under this Law or the Rules, the AER publishes a notice inviting submissions in relation to the making of an AER economic regulatory decision, the AER, in making the decision—\n\t(a)\tmust consider every submission it receives within the period specified in the notice; and\n\t(b)\tmay, but need not, consider a submission it receives after the period specified in the notice expires.\n28ZD—Use of information provided under a notice under section 28 or a regulatory information instrument\nThe AER may use information provided to it by a person in compliance with a notice under section 28 or a regulatory information instrument for any purposes connected with the performance or exercise of a function or power of the AER under—\n\t(a)\tthis Law or the Rules; or\n\t(b)\tthe National Gas Law or the National Gas Rules; or\n\t(c)\tthe National Energy Retail Law or the National Energy Retail Rules.\n28ZE—AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices\n\t(1)\tIf the AER is given information by any person in relation to a breach or a possible breach of this Law, the Regulations or the Rules by a person but—\n\t(a)\tdecides not to investigate that breach or possible breach; or\n\t(b)\tfollowing an investigation, decides not to—\n\t(i)\tinstitute any proceedings in respect of that breach or possible breach under Part 6; or\n\t(ii)\tserve an infringement notice in accordance with Division 5 of Part 6 in respect of that breach or possible breach,\nthe AER must notify that person of that decision in writing.\n\t(2)\tThis section does not apply if the person gave the information to the AER anonymously.\n28ZF—AER Guidelines\n\t(a1)\tThe AER must prepare guidelines about the exercise of its powers under section 28, including about—\n\t(a)\tthe rights and obligations of persons who are served with a relevant notice under that section; and\n\t(b)\tthe penalties applying under that section for non‑compliance with a notice; and\n\t(c)\tthe purposes for which information obtained under that section may be used.\n\t(1)\tThe AER may prepare guidelines about the matters it will have regard to before—\n\t(a)\tmaking an application under section 61; or\n\t(b)\tserving an infringement notice under section 74; or\n\t(c)\taccepting an enforceable undertaking under section 59A.\n\t(2)\tThe AER must publish guidelines prepared under subsection (a1) or (1) on its website.\n28ZG—AER must report to MCE if it does not make network revenue or pricing determination within time\n\t(1)\tIf the AER does not make a network revenue or pricing determination within the period of time specified by this Law or the Rules for the making of that determination, the AER must give a report to the MCE that—\n\t(a)\tdescribes the AER's handling of the matter; and\n\t(b)\tgives the reasons of the AER for not making the determination within the specified period; and\n\t(c)\tspecifies a date by when the AER considers the determination will be made.\n\t(2)\tA report under subsection (1)—\n\t(a)\tmust be given to the MCE as soon as practicable after the expiry of the specified period; and\n\t(b)\tmust be published on the AER's website as soon as practicable after it is given to the MCE in accordance with paragraph (a).\n28ZH—Single documentation\n\t(1)\tThis section applies if the AER is authorised to prepare a document under this Law or the Rules for a purpose and is also authorised to prepare a document or documents under any of the following:\n\t(a)\tthe National Gas Law;\n\t(b)\tthe National Gas Rules;\n\t(c)\tthe National Energy Retail Law;\n\t(d)\tthe National Energy Retail Rules,\nfor the same or a similar, related or corresponding purpose.\n\t(2)\tThe AER may satisfy the requirements of this Law and the Rules regarding the document under this Law and the Rules by preparing and making (and where relevant publishing) a single document.\nSee also section 68A of the National Gas Law and section 219 of the National Energy Retail Law.\n28ZI—Use of information\n\t(1)\tThe AER may use the information obtained under this Law or the Rules for a purpose connected with the performance or exercise of a function or power of the AER under any of the following:\n\t(a)\tthe National Gas Law;\n\t(b)\tthe National Gas Rules;\n\t(c)\tthe National Energy Retail Law;\n\t(d)\tthe National Energy Retail Rules.\n\t(2)\tThe AER may use the information obtained under any such Law or Rules for a purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules.\n\t(3)\tThis section does not limit any other provision of this Law that provides for the use of information obtained under this Law or the Rules.\nSee also section 68B of the National Gas Law and section 220 of the National Energy Retail Law.\nPart 4—Functions and powers of the Australian Energy Market Commission\n29—Functions and powers of the AEMC\n\t(1)\tThe AEMC has the following functions and powers—\n\t(a)\tthe Rule making functions and powers conferred on it under this Law and the Regulations; and\n\t(b)\tthe market development functions conferred on it under this Law and the Rules; and\n\t(c)\tany other functions and powers conferred on it under this Law and the Rules.\n\t(2)\tThe AEMC has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n30—Delegations\nAny delegation by the AEMC under section 20 of the Australian Energy Market Commission Establishment Act 2004 of South Australia extends to, and has effect for the purposes of, this Law, the Regulations and the Rules.\n31—Confidentiality\nSection 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia has effect for the purposes of this Law, the Regulations and the Rules as if it formed part of this Law.\nSee also sections 48 and 108.\n32—AEMC must have regard to national electricity objective\nIn performing or exercising any function or power under this Law, the Regulations or the Rules, the AEMC must have regard to the national electricity objective.\n32A—Targets statement for greenhouse gas emissions targets\n\t(1)\tThe AEMC must prepare and maintain a document (the targets statement) stating the targets set by a participating jurisdiction mentioned in section 7(c).\n\t(2)\tIf the MCE or a Minister of a participating jurisdiction gives a written direction to the AEMC to include a target in, or remove a target from, the targets statement, the AEMC must comply with the direction.\n\t(3)\tA Minister may give a written direction under subsection (2) only in relation to a target set by the Minister's participating jurisdiction.\n\t(4)\tThe AEMC must publish on its website—\n\t(a)\tthe targets statement; and\n\t(b)\teach direction given under subsection (2).\n\t(5)\tIn having regard to the national electricity objective under this Law, the Regulations or the Rules with respect to the matters mentioned in section 7(c), a person or body must consider, as a minimum, the targets stated in the targets statement.\n33—AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews\nThe AEMC must have regard to any relevant MCE statement of policy principles—\n\t(a)\tin making a Rule; or\n\t(b)\tin conducting a review under section 45.\nDivision 2—Rule making functions and powers of the AEMC\n34—Rule making powers\n\t(1)\tSubject to this Division, the AEMC, in accordance with this Law and the Regulations, may make Rules, to be known, collectively, as the \"National Electricity Rules\", for or with respect to—\n\t(a)\tregulating—\n\t(i)\tthe operation of the national electricity market;\n\t(ii)\tthe operation of the national electricity system for the purposes of the safety, security and reliability of that system;\n\t(iii)\tthe activities of persons (including Registered participants) participating in the national electricity market or involved in the operation of the national electricity system;\n\t(iv)\tthe provision of connection services to retail customers; and\n\t(aa)\tfacilitating and supporting the provision of services to retail customers; and\n\t(ab)\tany matter or thing related to, or necessary or expedient for, the purposes of the Retailer Reliability Obligation; and\n\t(ac)\tany matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver; and\n\t(ad)\tany matter or thing related to, or necessary or expedient for, the purposes of orderly exit management under Part 8AA; and\n\t(b)\tany matter or thing contemplated by this Law, or is necessary or expedient for the purposes of this Law.\nThe procedure for the making of a Rule by the AEMC is set out in Division 3 of Part 7.\n\t(2)\tWithout limiting subsection (1), the AEMC, in accordance with this Law and the Regulations, may make Rules for or with respect to any matter or thing specified in Schedule 1 to this Law.\n\t(3)\tRules made by the AEMC in accordance with this Law and the Regulations may—\n\t(b)\tvary according to the persons, times, places or circumstances to which they are expressed to apply;\n\t(c)\tconfer functions or powers on, or leave any matter or thing to be decided or determined by—\n\t(i)\tthe AER, the AEMC, AEMO or a jurisdictional regulator; or\n\t(ii)\tthe Reliability Panel or any other panel or committee established by the AEMC; or\n\t(iii)\tany other body established, or person appointed, in accordance with the Rules;\n\t(d)\tconfer rights or impose obligations on any person or a class of person (other than the AER, the AEMC or a jurisdictional regulator);\n\t(e)\tconfer a function on the AER, the AEMC, AEMO or a jurisdictional regulator to make, prepare, develop or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC, AEMO or jurisdictional regulator;\n\t(f)\tempower or require any person (other than a person referred to in paragraph (e)) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules;\n\t(fa)\tprovide for procedures governing the operation of the national electricity market and the sale and supply of electricity to retail customers;\n\t(g)\tapply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether—\n\t(i)\tas formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or\n\t(ii)\tas amended from time to time;\n\t(h)\tconfer a power of direction on the AER, the AEMC, AEMO or a jurisdictional regulator to require a person conferred a right or on whom an obligation is imposed under the Rules (including a Registered participant) to comply with—\n\t(i)\ta guideline, test, standard, procedure or other document (however described) referred to in paragraph (e), (f) or (fa); or\n\t(ii)\ta standard, rule, specification, method or document (however described) referred to in paragraph (g);\n\t(i)\tif this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter of thing;\n\t(j)\tprovide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on the Court;\n\t(k)\trequire a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration;\n\t(l)\tin a specified case or class of case, exempt—\n\t(i)\tAEMO; or\n\t(ii)\ta Registered participant or class of Registered participant; or \n\t(iii)\tany other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body,\nfrom complying with a provision, or a part of a provision, of the Rules;\n\t(m)\tprovide for the modification or variation of a provision of the Rules (with or without substitution of a provision of the Rules or a part of a provision of the Rules) as it applies to—\n\t(i)\tAEMO; or\n\t(ii)\ta Registered participant or class of Registered participant; or\n\t(iii)\tany other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body;\n\t(n)\tconfer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules;\n\t(o)\trequire a person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules to indemnify another such person or body;\n\t(p)\tcontain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule.\n35—Rules relating to MCE or Ministers of participating jurisdictions require MCE consent\nThe AEMC must not, without the consent of the MCE, make a Rule that confers a right or function, or imposes an obligation, on the MCE or a Minister of a participating jurisdiction.\nThe term \"function\" is defined in clause 10 of Schedule 2 to this Law to include \"duty\".\n36—AEMC must not make Rules that create criminal offences or impose civil penalties for breaches\nThe AEMC must not make a Rule that—\n\t(a)\tcreates an offence for a breach of a provision of the Rules; or\n\t(b)\tprovides for a criminal penalty or civil penalty for a breach of a provision of the Rules.\n37—Documents etc applied, adopted and incorporated by Rules to be publicly available\n\t(1)\tThe AEMC must make publicly available—\n\t(a)\tevery standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by a Rule; and\n\t(b)\tif a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body is applied, adopted or incorporated by a Rule as amended from time to time—any amendment to that standard, rule, specification, method or document.\n\t(2)\tFor the purposes of subsection (1), the AEMC makes a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body applied, adopted or incorporated by any Rule publicly available if the AEMC—\n\t(a)\tpublishes the standard, rule, specification, method or document on the AEMC's website; or\n\t(b)\tspecifies a place from which the standard, rule, specification, method or document may be obtained or purchased (as the case requires).\nDivision 3—Committees, panels and working groups of the AEMC\n38—The Reliability Panel\n\t(1)\tThe AEMC must establish a panel of persons to be known as the Reliability Panel, the composition of which must be in accordance with the Rules.\n\t(2)\tThe functions and powers of the Reliability Panel are—\n\t(a)\tto monitor, review and report on, in accordance with the Rules, the safety, security and reliability of the national electricity system; and\n\t(b)\tat the request of the AEMC, to provide advice in relation to the safety, security and reliability of the national electricity system; and\n\t(c)\tany other functions and powers conferred on it under this Law and the Rules.\n\t(3)\tAt the completion of a review, the Reliability Panel must give a report to the AEMC.\n\t(4)\tIf requested to do so by the AEMC, the Reliability Panel must provide advice to the AEMC in relation to the safety, security and reliability of the national electricity system.\n39—Establishment of committees and panels (other than the Reliability Panel) and working groups\nThe AEMC may establish committees and panels (other than the Reliability Panel) and working groups to—\n\t(a)\tprovide advice on specified aspects of the AEMC's functions; or\n\t(b)\tundertake any other activity in relation to the AEMC's functions as is specified by the AEMC.\nDivision 4—MCE directed reviews\n41—MCE directions\n\t(1)\tThe MCE may give a written direction to the AEMC that the AEMC conduct a review into—\n\t(a)\tany matter relating to the national electricity market; or\n\t(ab)\tany matter relating to any other market for electricity; or\n\t(b)\tthe operation and effectiveness of the Rules; or\n\t(c)\tany matter relating to the Rules; or\n\t(d)\tthe effectiveness of competition in a market for electricity for the purpose of giving advice about whether to retain, remove or reintroduce price controls on prices for retail electricity services.\n\t(2)\tA direction given to the AEMC under this section is binding on the AEMC and must be complied with despite anything to the contrary in the Rules.\n\t(3)\tA direction given under this section must be published in the South Australian Government Gazette.\n\t(4)\tThe AEMC must cause a direction given under this section to be published on its website.\n42—Terms of reference\n\t(1)\tThe terms of reference of a MCE directed review will be as specified in the direction given by the MCE.\nThe terms of reference may require a MCE directed review to be conducted—\n\t(a)\tabout a specific matter within a specified time; or\n\t(b)\twhenever a specified event occurs; or\n\t(c)\ton an annual basis.\n\t(2)\tWithout limiting subsection (1), the MCE may in its direction to the AEMC do one or more of the following—\n\t(a)\trequire the AEMC to give a report on a MCE directed review to the MCE within a specified period;\n\t(b)\trequire the AEMC to make the report on a MCE directed review publicly available or available to specified persons or bodies;\n\t(c)\trequire the AEMC to make a draft report publicly available or available to specified persons or bodies during a MCE directed review;\n\t(d)\trequire the AEMC to consider specified matters in the conduct of a MCE directed review;\n\t(e)\trequire the AEMC to have specified objectives in the conduct of a MCE directed review which need not be limited by the national electricity objective;\n\t(ea)\trequire the AEMC to assess a particular matter in relation to services provided in a market for electricity against specified criteria or a specified methodology;\n\t(eb)\trequire the AEMC—\n\t(i)\tto assess a particular matter in relation to services provided in a market for electricity; and\n\t(ii)\tto develop appropriate and relevant criteria, or an appropriate and relevant methodology, for the purpose of the required assessment;\n\t(f)\tgive the AEMC other specific directions in respect of the conduct of a MCE directed review.\n43—Notice of MCE directed review\n\t(1)\tThe AEMC must publish notice of a MCE directed review on its website.\n\t(2)\tThe AEMC must publish a further such notice if a term of reference or a requirement or direction relating to the MCE directed review is varied.\n44—Conduct of MCE directed review\nSubject to any requirement or direction of the MCE, a MCE directed review—\n\t(a)\tmay be conducted in such manner as the AEMC considers appropriate; and\n\t(b)\tmay (but need not) involve public hearings.\nDivision 5—Other reviews\n45—Reviews by AEMC\n\t(1)\tThe AEMC may conduct a review into—\n\t(a)\tthe operation and effectiveness of the Rules; or\n\t(b)\tany matter relating to the Rules.\n\t(2)\tA review—\n\t(a)\tmay be conducted in such manner as the AEMC considers appropriate; and\n\t(b)\tmay (but need not) involve public hearings.\n\t(3)\tDuring the course of a review, the AEMC may—\n\t(a)\tconsult with any person or body that it considers appropriate;\n\t(b)\testablish working groups to assist it in relation to any aspect, or any matter or thing that is the subject, of the review;\n\t(c)\tcommission reports by other persons on its behalf on any aspect, or matter or thing that is the subject, of the review;\n\t(d)\tpublish discussion papers or draft reports.\n\t(4)\tAt the completion of a review, the AEMC must—\n\t(a)\tgive a copy of the report to the MCE; and\n\t(b)\tpublish a report or a version of a report from which confidential information has been omitted in accordance with section 48.\n46—AEMC must publish and make available up to date versions of Rules\nThe AEMC must, at all times—\n\t(a)\tmaintain, on its website, a copy of the National Electricity Rules, as in force from time to time; and\n\t(b)\tmake copies of the National Electricity Rules, as in force from time to time, available to the public for inspection at its offices during business hours.\n47—Fees\n\t(1)\tThe AEMC may charge a fee specified, or a fee calculated in accordance with a formula or methodology specified, in the Regulations for services provided by it in performing or exercising any of its functions or powers under this Law, the Regulations or the Rules.\n\t(2)\tThe fee must not be such as to amount to taxation.\n48—Confidentiality of information\n\t(1)\tInformation provided to the AEMC for the purposes of a MCE directed review or a review conducted by the AEMC under section 45 is confidential information for the purposes of Division 4 or 5 if—\n\t(a)\tthe person who provides it claims, when providing it to the AEMC, that it is confidential information; and\n\t(b)\tthe AEMC decides that the information is confidential information.\n\t(2)\tNothing prevents the disclosure of confidential information in a report to the MCE or a Minister of a participating jurisdiction under Division 4 or 5, but the AEMC must ensure that the information is identified as such in the report.\n\t(3)\tIf the AEMC decides that information provided to it for the purposes of a MCE directed review, or a review conducted by the AEMC under section 45, is confidential information, the AEMC, the MCE or a Minister of a participating jurisdiction may only make public a version of the report from which the information has been omitted.\n\t(4)\tIf information is omitted from a published version of a report as being confidential information, a note to that effect must be included in the report at the place in the report from which the information is omitted.\nSee also section 31 of this Law and section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\nPart 5—Role of AEMO under National Electricity Law\n49—AEMO's statutory functions\n\t(1)\tThe following functions are conferred on AEMO:\n\t(a)\tto operate and administer the wholesale exchange;\n\t(b)\tto promote the development and improve the effectiveness of the operation and administration of the wholesale exchange;\n\t(c)\tto register persons as Registered participants;\n\t(d)\tto exempt certain persons from being registered as Registered participants;\n\t(e)\tto maintain and improve power system security;\n\t(f)\tto facilitate retail customer transfer, metering and retail competition;\n\t(faa)\tto disclose information held by AEMO to other persons or bodies in accordance with this Law, the Rules and the Regulations;\n\t(fab)\tto provide advisory and support services related to information held by, or otherwise available to, AEMO;\n\t(fa)\tany functions of a data holder under the Competition and Consumer Act 2010 of the Commonwealth for CDR data relating to a designated energy sector;\n\t(g)\tfor an adoptive jurisdiction—the additional advisory functions or declared network functions (as the case requires);\n\t(h)\tany functions conferred by jurisdictional electricity legislation or an application Act;\n\t(i)\tany other functions conferred under this Law or the Rules.\nNotes—\n1\tAEMO has additional functions under its Constitution.\n2\tIt should be noted that AEMO's statutory functions include its functions under the National Gas Law, the National Gas Rules and related subordinate legislation: See definition of statutory functions in section 2.\n3\tAEMO also has responsibilities, under Part 4 of the Australian Energy Market Commission Establishment Act 2004 of South Australia, related to administrative costs associated with the work of the Consumer Advocacy Panel.\n","sortOrder":28},{"sectionNumber":"4","sectionType":"section","heading":"AEMO has additional functions and powers under the National Energy Retail Law and the National Energy Retail Rules.","content":"4\tAEMO has additional functions and powers under the National Energy Retail Law and the National Energy Retail Rules.\n\t(2)\tIn its role as National Transmission Planner, AEMO has the following functions:\n\t(a)\tto prepare, maintain and publish a plan for the development of the national transmission grid (the National Transmission Network Development Plan) in accordance with the Rules;\n\t(b)\tto establish and maintain a database of information relevant to planning the development of the national transmission grid and to make the database available to the public;\n\t(c)\tto keep the national transmission grid under review and provide advice on the development of the grid or projects that could affect the grid;\n\t(d)\tto provide a national strategic perspective for transmission planning and coordination;\n\t(e)\tany other functions conferred on AEMO under this Law or the Rules in its capacity as National Transmission Planner.\n\t(3)\tAEMO must, in carrying out functions referred to in this section, have regard to the national electricity objective.\n49A—AEMO's power to carry out statutory functions\nAEMO has the power to do all things necessary or convenient for or in connection with its statutory functions.\n49B—Delegation\n\t(1)\tSubject to subsection (2) and the Rules, AEMO may delegate any of its functions or powers under this Law or the Rules to—\n\t(a)\ta director, officer or employee of AEMO; or\n\t(b)\ta member of a committee established by AEMO.\n\t(2)\tHowever, a function or power classified by the Regulations as non‑delegable cannot be delegated.\n\t(3)\tA delegate may, subject to AEMO's directions, subdelegate a delegated function or power to a director, officer or employee of AEMO.\n\t(4)\tA delegate (or subdelegate) must comply with any direction given by AEMO that is relevant to the exercise of the delegated functions or powers.\nDivision 2—AEMO's adoptive jurisdiction functions\n50—Application of this Division\n\t(1)\tSubdivision 2 applies to, and in relation to, a participating jurisdiction if (and only if) the application Act of that jurisdiction, or an instrument made under that Act, declares that it does so apply.\n\t(2)\tSubdivision 3 applies to, and in relation to, a participating jurisdiction if (and only if) the application Act of that jurisdiction, or an instrument made under that Act, declares that it does so apply.\n\t(3)\tA Rule or other form of subordinate legislation made for the purposes of Subdivision 2 or 3 applies to and in relation to a participating jurisdiction if (and only if) the relevant Subdivision applies to and in relation to that jurisdiction.\n50A—AEMO to account to relevant Minister for performance of adoptive functions\n\t(1)\tAEMO must, at the written request of the Minister of an adoptive jurisdiction, provide information about the performance of its adoptive functions with respect to that jurisdiction.\n\t(2)\tProtected information provided in response to a request under subsection (1) must be identified as such by AEMO at the time of providing the information.\n\t(3)\tNo fee is to be charged for the provision of information under this section.\nSubdivision 2—AEMO's additional advisory functions\n50B—Additional advisory functions\n\t(1)\tAEMO's additional advisory functions are as follows:\n\t(a)\tto prepare and publish a report on an adoptive jurisdiction's declared power system;\n\t(b)\tto report to the Minister of an adoptive jurisdiction on matters relevant to the future capacity and reliability of the declared power system.\n\t(2)\tThe additional advisory functions are to be exercised as follows:\n\t(a)\ta report on an adoptive jurisdiction's declared power system is to be prepared and published under subsection (1)(a) at the request of the Minister of the relevant jurisdiction;\n\t(b)\ta report is to be provided under subsection (1)(b) at the request of the Minister of the relevant jurisdiction or on AEMO's own initiative.\n\t(3)\tA report under subsection (1)(a) must include an assessment of the performance of connections between transmission systems and distribution systems in the relevant jurisdiction and the need (if any) for new connections.\n\t(4)\tA request under subsection (1)(a) or (1)(b) may be for a single report or for reports to be made on an annual or other periodic basis.\nSubdivision 3—AEMO's declared network functions\n50C—AEMO's declared network functions\n\t(1)\tAEMO's declared network functions are as follows:\n\t(a)\tto plan, authorise, contract for, and direct, augmentation of the declared shared network;\n\t(b)\tto provide information about the planning processes for augmentation of the declared shared network;\n\t(c)\tto provide information and other services to facilitate decisions for investment and the use of resources in the adoptive jurisdiction's electricity industry;\n\t(d)\tto provide shared transmission services by means of, or in connection with, the declared shared network;\n\t(e)\tany other functions, related to the declared transmission system or electricity network services provided by means of or in connection with the declared transmission system, conferred on it under this Law or the Rules;\n\t(f)\tany other functions, related to the declared transmission system or electricity network services provided by means of or in connection with the declared transmission system, conferred on it under a law of the adoptive jurisdiction.\n\t(2)\tAEMO—\n\t(a)\tis not limited in planning augmentation of the declared shared network to its role as National Transmission Planner; and\n\t(b)\tmay make or issue market information instruments as may be necessary or expedient for that or any other declared network function.\n50D—Network agreement\n\t(1)\tA declared transmission system operator must have an agreement (a network agreement) with AEMO—\n\t(a)\tfor the provision of electricity network services (shared network capability services) for the performance of AEMO's declared network functions; and\n\t(b)\tcontaining such other provisions as may be required by the Rules.\nSubsection (1) is a civil penalty provision.\n\t(2)\tA declared transmission system operator or a prospective declared transmission system operator must, if asked to do so by AEMO, offer to enter into a network agreement with AEMO subject to and in accordance with the Rules.\n\t(3)\tThe offer must be submitted within 20 business days after the date of the request.\n\t(4)\tThe terms and conditions of a network agreement under this section are to be regarded as protected information but are liable to disclosure under the provisions of Division 6 that allow for the disclosure of protected information.\nException—\nInsofar as the terms and conditions of a network agreement can be inferred from a determination to be published on AEMO's website under section 50H(6), they are not to be regarded as protected information.\n\t(5)\tThe Rules may require or regulate the provision of shared network capability services.\n\t(6)\tIf there is any inconsistency between a network agreement and a transmission determination as to the price of electricity network services to be provided by means of, or in connection with, the declared transmission system, the transmission determination prevails.\nprospective declared transmission system operator means a person who is to carry out an augmentation of the declared transmission system and who may therefore become a declared transmission system operator on completion of the augmentation.\n50E—Connection agreements\n\t(1)\tA person to whom this section applies must have connection agreements as follows:\n\t(a)\tan agreement with AEMO for the provision of shared transmission services; and\n\t(b)\tan agreement with the relevant declared transmission system operator for the provision of connection services as defined in the Rules.\n\t(2)\tAn agreement required by this section must be in accordance with the Rules.\n\t(a)\ta person to whom this section applies (the applicant) wants to connect to a declared shared network; but\n\t(b)\tthe fault levels at the proposed connection point would, if the connection were allowed, be likely to exceed the limits fixed under the Rules,\nAEMO may, as a condition of entering into a connection agreement with the applicant, require the applicant to make a contribution to the cost of carrying out the augmentation to the declared shared network necessary to reduce fault levels to an acceptable level.\n\t(4)\tThis section applies to each of the following:\n\t(a)\ta network service provider for a distribution system situated in the adoptive jurisdiction;\n\t(b)\tanother network service user who is provided with electricity network services by means of, or in connection with, the declared shared network.\n50F—Augmentation\n\t(1)\tA declared transmission system operator must not augment the declared shared network, or any part of the declared shared network, unless—\n\t(a)\tAEMO authorises or directs the operator to carry out the augmentation; or\n\t(b)\tthe operator wins a competitive tender conducted by AEMO to carry out the augmentation; or\n\t(c)\tthe augmentation is authorised by the Rules.\n\t(2)\tIn deciding whether a proposed augmentation to the declared shared network should proceed, AEMO—\n\t(a)\tmust undertake a cost benefit analysis; and\n\t(b)\tmust apply a probabilistic (as distinct from a deterministic) approach to determining the benefit of an augmentation unless—\n\t(i)\ta probabilistic approach will not produce a materially different result; or\n\t(ii)\tit is not reasonably practicable to use a probabilistic approach; or\n\t(iii)\ta probabilistic approach is, for some other reason, inappropriate.\nProbabilistic planning is not relevant to negotiated network services. Hence, if the services to be provided as a result of the augmentation are negotiated network services, a probabilistic approach would be inappropriate.\n\t(3)\tSubject to the Rules, AEMO must conduct a competitive tender to determine who will carry out an augmentation to a declared shared network.\n\t(4)\tA declared transmission system operator—\n\t(a)\tmust do anything required by the Rules to facilitate the planning, construction or operation of an augmentation; and\n\t(b)\tmust, at AEMO's request, do anything else reasonably required by AEMO to facilitate the planning, construction or operation of an augmentation.\nA declared transmission system operator will be required by the Rules to enter into an augmentation connection agreement with the person responsible for operation of an augmentation to connect the augmentation with the declared shared network.\n\t(5)\tA declared transmission system operator must not engage in conduct that has the effect of preventing or hindering the planning, construction or operation of an augmentation.\nSubsections (1), (4) and (5) are civil penalty provisions: See the definition of civil penalty provision in section 2AA(1).\n50G—AEMO to have qualified exemption for performing statutory functions\n\t(1)\tFor performing statutory functions, AEMO—\n\t(a)\tis not required to be registered as a Registered participant; and\n\t(b)\tis not subject to the provisions of the Rules applicable to network service providers.\n\t(2)\tHowever—\n\t(a)\ta Rule applicable to a Registered participant or a network service provider extends (with or without modification) to AEMO if provision is made for its application (or modified application) to AEMO by the Rules; and\n\t(b)\tprovision may be made for extending the application of such a Rule to AEMO even though AEMO does not own, control or operate the declared shared network.\n50H—Resolution of dispute arising from attempt to negotiate a network agreement or augmentation connection agreement\n\t(1)\tThe AER may, on application by AEMO or 1 or more declared transmission system operators, make a determination to resolve a dispute arising from an attempt to negotiate—\n\t(a)\ta network agreement or an augmentation connection agreement; or\n\t(b)\tan amendment to a network agreement or an augmentation connection agreement.\n\t(2)\tThe determination may determine the terms and conditions of the agreement or the amendment.\n\t(3)\tIf the AER determines the terms and conditions of an agreement or an amendment, an agreement is taken to arise between the interested parties, or the agreement between the interested parties is taken to be amended, in accordance with the AER's determination.\n\t(4)\tA determination may only be made under this section if—\n\t(a)\tthe AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the agreement or amendment; and\n\t(b)\tthe AER has given AEMO and all declared transmission system operators that are to be affected by the determination an opportunity to make representations about the terms of the proposed determination.\n\t(5)\tA determination under this section takes effect on a date specified in the determination.\n\t(6)\tA determination under this section must be published on AEMO's website.\n\t(7)\tIn this section, a reference to a declared transmission system operator extends to a prospective declared transmission system operator within the meaning of section 50D(7).\n50J—General principles governing determinations\n\t(1)\tA determination under this Subdivision must be compatible with the proper performance of AEMO's declared network functions.\n\t(2)\tIn determining a dispute about a network agreement or an augmentation connection agreement, or an amendment to a network agreement or an augmentation connection agreement, the AER must have regard to the Rules and the allocation of functions, powers and duties between AEMO and the declared transmission system operator, so far as relevant to—\n\t(a)\tthe allocation of risk under such an agreement; or\n\t(b)\tthe provision of shared network capability services; or\n\t(c)\tany other matter that has a bearing on the subject matter of such an agreement.\n\t(3)\tA determination cannot alter the allocation of risk under an existing network agreement unless AEMO agrees.\n\t(4)\tThe provisions applicable to the determination of an access dispute apply to a determination by the AER under this Subdivision with the following changes:\n\t(a)\tsection 131(1)(c), section 131(2), section 132 and section 133 do not apply; and\n\t(b)\tany further changes necessary to adapt those provisions to the determination of a dispute under this Division.\n\t(5)\tIn this section, a reference to a declared transmission system operator extends to a prospective declared transmission system operator within the meaning of section 50D(7).\nDivision 3—Information etc to be provided to Ministers\n51—Ministerial request\n\t(1)\tThe MCE or a Minister of a participating jurisdiction may ask AEMO for information, a report or other services.\n\t(2)\tThe request may be accompanied by a written statement of the purpose for which the information, report or other services are sought.\n51A—Compliance with request\n\t(1)\tAEMO must comply with a request under this Division.\n\t(2)\tHowever, if compliance with the request would involve disclosure of protected information, AEMO may only provide the information if its disclosure is authorised under this Law or the Rules.\nThe Minister of an adoptive jurisdiction may be entitled to certain protected information under section 50A.\n51B—Quarterly report\n\t(1)\tAEMO must report to the MCE in each quarter on its work under this Division for the previous quarter.\n\t(2)\tThe report must—\n\t(a)\tsummarise each request received in the relevant quarter; and\n\t(b)\tstate by whom each request was made.\nDivision 4—Fees and charges\n52—AEMO fees and charges\n\t(1)\tAEMO may—\n\t(a)\tdetermine fees and charges for services provided by it under this Law or the Rules; and\n\t(b)\tcharge for and recover the fees and charges in accordance with this Law and the Rules.\n\t(2)\tThe fees and charges for a service are to be determined on a non‑profit basis that—\n\t(a)\tprovides for full recovery of the costs of providing the service; and\n\t(b)\tdoes not amount to taxation; and\n\t(c)\tis consistent with the requirements of the Rules.\n\t(3)\tExact equivalence is not required between the costs of providing a service and the revenue derived from providing the service in a particular accounting period if there are reasonable grounds to believe that costs will over time approximate revenue.\nThis section does not prevent AEMO from generating a profit from the performance of non-statutory functions (such as the provision of consultancy services). Any such profit would not, however, be available for distribution to members.\n\t(4)\tDespite the above provisions, a component of AEMO's fees and charges may, if the Rules so provide, relate to costs that are not specifically referable to services provided under this Law or the Rules.\nAs a general rule, AEMO's expenditures will be allocated to services provided to the electricity industry or the gas industry. Subsection (4) deals with costs that cannot be wholly attributed to either industry.\n\t(5)\tThis section does not limit AEMO's power to determine, charge for and recover fees and charges for carrying out functions conferred by jurisdictional legislation.\nservice includes the performance of statutory functions.\nDivision 5—Information gathering\n53—Information gathering powers\n\t(1)\tIf AEMO considers it reasonably necessary to do so for the exercise of a relevant function, it may—\n\t(a)\tmake a general market information order requiring information from persons of a class specified in the order; or\n\t(b)\tserve a market information notice requiring information from the person to whom the notice is addressed.\n\t(2)\tA relevant function is—\n\t(a)\tan NTP function; or\n\t(b)\tan additional advisory function; or\n\t(c)\ta declared network function; or\n\t(d)\tany other statutory function for which this Law authorises AEMO to gather information by means of a market information instrument.\n\t(3)\tIn considering whether to make a general market information order or to issue a market information notice and, if so, the terms of the order or notice, AEMO must have regard to the reasonable costs of efficient compliance.\n\t(4)\tA market information instrument—\n\t(a)\tmust specify—\n\t(i)\tthe information, or categories of information, that is to be provided to AEMO; and\n\t(ii)\tthe time by which the information is required; and\n\t(iii)\tin the case of a general market information order—the class of persons to which the order applies; and\n\t(iv)\tin the case of a market information notice—the name of the person to whom the notice is addressed; and\n\t(b)\tmay specify the manner and form in which information must be provided.\n\t(5)\tWithout limiting subsection (4), a market information instrument—\n\t(a)\tmay require information of any of the following kinds:\n\t(i)\thistoric, current and forecast information;\n\t(ii)\tinformation that may be derived from other information in the possession or control of the person required to provide the information; and\n\t(b)\tmay require the provision of information on an annual or other periodic basis.\n53A—Making and publication of general market information order\n\t(1)\tBefore making a final decision to make a general market information order, AEMO must—\n\t(a)\tinvite persons of the class to which the proposed order is addressed to make representations about the terms of the proposed order within a period (at least 20 business days) specified in the invitation; and\n\t(b)\tconsider any written representations made in response to the invitation within the specified period.\n\t(2)\tA general market information order must be published on AEMO's website as soon as practicable after it is made.\n53B—Service of market information notice\n\t(1)\tBefore serving a market information notice, AEMO must—\n\t(a)\tgive the person on whom AEMO intends to serve the market information notice (the respondent) written notice of its intention to do so; and\n\t(b)\tgive the respondent a draft of the market information notice.\n\t(2)\tA notice under subsection (1) must—\n\t(a)\tinvite the respondent to make written representations to AEMO about whether AEMO should serve the market information notice; and\n\t(b)\tspecify the period (at least 20 business days) allowed for making the representations.\n\t(3)\tAEMO must consider written representations made in response to the invitation within the specified period before making a final decision to serve the market information notice.\n53C—Compliance with market information instrument\n\t(1)\tA market information instrument takes effect as follows:\n\t(a)\tin the case of a general market information order—on publication on AEMO's website; or\n\t(b)\tin the case of a market information notice—on service of the notice on the person to whom it is addressed.\n\t(2)\tAEMO may, by written notice, exempt a person from compliance with a general market information order—\n\t(a)\tunconditionally or on specified conditions; and\n\t(b)\twholly or to a specified extent.\n\t(3)\tSubject to any exemption, a person who is a member of a class to which a general market information order applies must comply with the order.\nSubsection (3) is a civil penalty provision.\n\t(4)\tA person on whom a market information notice is served must comply with the notice.\nSubsection (4) is a civil penalty provision.\n\t(5)\tThe duty to comply with a market information instrument prevails over a duty of confidence.\n\t(6)\tHowever—\n\t(a)\ta person cannot be required by a market information instrument to disclose information that is the subject of legal professional privilege; and\n\t(b)\ta natural person cannot be required by a market information instrument to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).\n\t(7)\tA person incurs no liability, by complying with a market information instrument, for breach of contract, breach of confidence or any other civil wrong.\n53D—Use of information\nSubject to anything to the contrary in this Law, AEMO may use information obtained by a market information instrument or in any other way for any purpose connected with the performance of any of its statutory functions.\n53E—Providing false or misleading information\nA person must not, in purported compliance with a market information instrument, provide information to AEMO that the person knows is false or misleading in a material particular.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\nDivision 6—Protected information\nSubdivision 1—AEMO's obligation to protect information\n54—Protected information\n\t(1)\tAEMO must take all reasonable measures to ensure it does not make unauthorised use, or an unauthorised disclosure, of information (protected information)—\n\t(a)\tgiven to it in confidence; or\n\t(b)\tgiven to it in connection with the performance of its statutory functions and classified under the Rules or the Regulations as confidential information.\n\t(2)\tAEMO makes unauthorised use of protected information if (and only if) it uses the information contrary to this Law.\nSection 53D authorises AEMO (subject to anything to the contrary in this Law) to use information (whether obtained by a market information instrument or in any other way) for any purpose connected with the performance of any of its statutory functions.\n\t(3)\tAEMO makes an unauthorised disclosure of protected information if the disclosure is not authorised under this Law.\n\t(4)\tTo avoid doubt, nothing in the Rules or the Regulations prevents AEMO using or disclosing information for any purpose connected with the performance of any of its statutory functions.\nSubdivision 2—Disclosure of protected information held by AEMO\n54A—Authorised disclosure of protected information\n\t(1)\tAEMO is authorised to disclose protected information in accordance with this Subdivision.\n\t(2)\tAEMO may also be authorised to disclose protected information by the Rules or the Regulations (or both).\n54B—Disclosure with prior written consent\nAEMO is authorised to disclose protected information if it has the written consent of the person from whom the information was obtained.\n54C—Disclosure required or permitted by law etc\n\t(1)\tThe disclosure of protected information as required or permitted by a law of the Commonwealth, a State or Territory is authorised.\n\t(2)\tThe disclosure of protected information to any of the following is authorised:\n\t(a)\tthe Australian Competition and Consumer Commission;\n\t(b)\tthe Australian Energy Regulator;\n\t(c)\tthe Australian Energy Market Commission;\n\t(ca)\tthe Energy Security Board;\n\t(d)\tthe Economic Regulation Authority of Western Australia;\n\t(e)\ta jurisdictional regulator;\n\t(ea)\tthe Australian Bureau of Statistics;\n\t(eb)\tthe Clean Energy Regulator;\n\t(ec)\teach department responsible for the administration of the application Act of a participating jurisdiction;\n\t(ed)\tthe Minister of a participating jurisdiction;\n\t(f)\tif the information is reasonably required by an energy ombudsman to resolve a dispute between a Registered participant and a retail customer but the information is not end-use consumer information—the energy ombudsman;\n\t(g)\ta prescribed body;\n\t(ga)\ta person or body who—\n\t(i)\tsatisfies any requirements or criteria prescribed for the purposes of this paragraph; or\n\t(ii)\tis a member of a class of persons or bodies prescribed for the purposes of this paragraph;\n\t(h)\tany staff or consultant assisting a body mentioned above in performing its functions or exercising its powers.\n\t(3)\tSubject to any conditions imposed under subsection (4), a person or body to whom protected information is disclosed under subsection (2) may use the information for any purpose connected with the performance of the functions, or the exercise of the powers, of the person or body.\n\t(4)\tAEMO may impose conditions to be complied with in relation to protected information disclosed under subsection (2).\n\t(5)\tSubject to any conditions imposed under subsection (4), the disclosure of protected information by a person in the ordinary course of carrying out functions as an officer or employee of, or consultant to, a body mentioned in subsection (2) is authorised.\n54CA—Authorised disclosure to particular entities for data sharing purposes\n\t(1)\tAEMO may disclose protected information to the following entities (each a relevant entity) if the disclosure is for a data sharing purpose:\n\t(a)\tany of the following:\n\t(i)\tan Australian university;\n\t(ii)\ta research facility that is part of an Australian university and conducting research in relation to energy;\n\t(iii)\tan Australian university researcher who is conducting research in relation to energy;\n\t(b)\tEnergy Consumers Australia;\n\t(c)\tthe Australian Renewable Energy Agency;\n\t(d)\tthe Clean Energy Finance Corporation;\n\t(e)\ta prescribed body;\n\t(f)\ta person or body who—\n\t(i)\tsatisfies any requirements or criteria prescribed for the purposes of this paragraph; or\n\t(ii)\tis a member of a class of persons or bodies prescribed for the purposes of this paragraph;\n\t(g)\tany staff assisting a person or body mentioned above in performing its functions or exercising its powers.\n\t(2)\tFor the purposes of this section, each of the following is a data sharing purpose:\n\t(a)\tthe delivery of government services;\n\t(b)\tinforming government planning, policy or programs;\n\t(c)\tresearch in relation to energy.\n\t(3)\tHowever, AEMO must not disclose protected information under this section for any of the following purposes:\n\t(a)\tdetecting, investigating, prosecuting or punishing—\n\t(i)\tan offence; or\n\t(ii)\ta contravention of a law punishable by a pecuniary penalty;\n\t(b)\tdetecting, investigating or addressing acts or practices detrimental to public revenue;\n\t(c)\tdetecting, investigating or addressing serious misconduct;\n\t(d)\tconducting surveillance or monitoring, or intelligence-gathering activities;\n\t(e)\tconducting protective or custodial activities;\n\t(f)\tenforcing a law relating to the confiscation of proceeds of crime;\n\t(g)\tpreparing for, or conducting, proceedings before a court or tribunal or implementing a court or tribunal order.\n\t(4)\tAEMO may impose conditions to be complied with in relation to protected information disclosed under subsection (1).\n\t(5)\tSubject to the requirements of subsections (7), (8) and (10) and any conditions imposed under subsection (4), a relevant entity to which protected information is disclosed under subsection (1) may use the information for the data sharing purpose for which it was disclosed.\n\t(6)\tSubject to the requirements of subsections (7), (8) and (10) and any conditions imposed under subsection (4), a person to whom protected information is disclosed under subsection (1) may use the information in the ordinary course of carrying out functions as an officer or employee of a relevant entity.\n\t(7)\tA relevant entity to which protected information is disclosed for a data sharing purpose under subsection (1) must not use or disclose the information for another purpose (a secondary purpose) unless—\n\t(a)\tAEMO has given written consent for the use or disclosure of the information for the secondary purpose; or\n\t(b)\tthe entity is authorised by or under another Act or law to use or disclose the information for the secondary purpose.\n\t(8)\tA relevant entity to which protected information is disclosed under subsection (1)—\n\t(a)\tmust take reasonable steps to protect the information from—\n\t(i)\tmisuse, interference or loss; and\n\t(ii)\tunauthorised use, access, modification or disclosure; and\n\t(b)\tmust ensure that the information is de-identified or destroyed when the information is no longer required.\n\t(9)\tSubsection (10) applies if a relevant entity to which protected information is disclosed under subsection (1) reasonably suspects or becomes aware that a requirement under subsection (7) or (8) has not been complied with.\n\t(10)\tThe entity must make a report to the AER about the non-compliance—\n\t(a)\tas soon as practicable, but not later than 5 business days, after the entity reasonably suspects or becomes aware that the requirement has not been complied with; and\n\t(b)\tin the form (if any) approved and published by the AER.\n\t(11)\tIn this section—\nAustralian university means a registered higher education provider—\n\t(a)\tthat, for the purposes of the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth, is registered in the \"Australian University\" provider category; and\n\t(b)\tthat is established by or under a law of the Commonwealth or a State or Territory;\nAustralian university researcher means—\n\t(a)\ta member of staff of an Australian university; or\n\t(b)\tan undergraduate or postgraduate student of an Australian university; or\n\t(c)\ta consultant to an Australian university;\ncourt or tribunal order—\n\t(a)\tmeans an order, direction or other instrument made by—\n\t(i)\ta court; or\n\t(ii)\ta judge (including a judge acting in a personal capacity) or a person acting as a judge; or\n\t(iii)\ta magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or\n\t(iv)\tany other person or body that has the power to act judicially under a law of the Commonwealth or a State or Territory; or\n\t(v)\ta tribunal; or\n\t(vi)\ta member or an officer of a tribunal; and\n\t(b)\tincludes an order, direction or other instrument that is of an interim or interlocutory nature;\ndelivery of government services means the delivery of any of the following services by the Commonwealth or a State or Territory:\n\t(a)\tproviding information;\n\t(b)\tproviding services, other than services relating to a payment, entitlement or benefit;\n\t(c)\tdetermining eligibility for a payment, entitlement or benefit;\n\t(d)\tpaying a payment, entitlement or benefit.\nSubsections (7), (8) and (10) are civil penalty provisions: see the definition of civil penalty provision in section 2AA(1).\n54CB—Disclosure of protected information by officer or employee of, or consultant to, AEMO\nThe disclosure of protected information by a person in the ordinary course of carrying out functions as an officer or employee of, or consultant to, AEMO is authorised.\n54D—Disclosure for purposes of court and tribunal proceedings\nAEMO is authorised to disclose protected information for the purposes of—\n\t(a)\tcivil or criminal proceedings; or\n\t(b)\ta proceeding before the Tribunal or a tribunal established by or under a law of this jurisdiction or another participating jurisdiction.\n54E—Disclosure of document with omission of protected information\n\t(1)\tIf a document contains both protected information and other information, AEMO may disclose the document with the omission of the protected information.\n\t(2)\tAEMO must include a note at the place in the document from which the protected information is omitted to the effect that protected information has been omitted from the document.\n54F—Disclosure of non-identifying information\nAEMO is authorised to disclose protected information if—\n\t(a)\tit does not disclose any elements of the information that could lead to the identification of the person to whom the information relates; or\n\t(b)\tthe manner in which it discloses the information does not identify the person to whom that information relates.\nProtected information may be combined or arranged with other information to prevent the identification of the person to whom the protected information relates.\n54FA—Disclosure of information in an aggregated form\nAEMO is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if the information has been combined or arranged with other information so that it does not reveal any confidential aspects of the information.\n54G—Disclosure of protected information for safety, proper operation of the market etc\n\t(1)\tAEMO is authorised to disclose protected information if—\n\t(a)\tthe disclosure is necessary for—\n\t(i)\tthe safety, reliability or security of the supply of electricity; or\n\t(ii)\tthe safety, reliability or security of the national electricity system; or\n\t(b)\tthe disclosure is necessary for the proper operation of the national electricity market; or\n\t(c)\tthe information is customer profiling information for facilitating retail competition; or\n\t(d)\tthe information is in the public domain.\n\t(2)\tAEMO may impose conditions to be complied with in relation to information disclosed under subsection (1)(a), (b) or (c).\n54H—Disclosure of protected information authorised if detriment does not outweigh public benefit\n\t(1)\tSubject to this section, AEMO is authorised to disclose protected information after the restricted period if AEMO is of the opinion—\n\t(a)\tthat the disclosure of the information would not cause detriment to the person who has given it or to a person from whom that person received it; or\n\t(b)\tthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n\t(2)\tBefore disclosing the protected information, AEMO must give the person who gave the protected information—\n\t(i)\tthat AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and\n\t(iii)\tthat the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and\n\t(3)\tIf AEMO is aware that the person who gave the protected information in turn received the information from another person and is aware of the other person's identity and address, AEMO must, before disclosing the information give the other person—\n\t(i)\tthat AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and\n\t(iii)\tthat the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and\n\t(4)\tAEMO must consider every representation made to it by a person given an initial disclosure notice within the time specified in the notice.\n\t(5)\tThe period specified in an initial disclosure notice must not be less than 5 business days after the date the initial disclosure notice is given to the person.\n\t(6)\tIf, after considering the representations, AEMO wishes to disclose the protected information, AEMO must give the person given the initial disclosure notice—\n\t(a)\ta written notice (a further disclosure notice) stating—\n\t(i)\tthat AEMO intends to disclose the information, specifying the nature of the intended disclosure; and\n\t(i)\tintends to make the disclosure; and\n\t(7)\tFor the purposes of this section, the disclosure of anything that is already in the public domain at the time AEMO wishes to disclose it cannot cause detriment to any person referred to in subsection (2) or (3).\n\t(7a)\tDespite anything to the contrary in this Law, this section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to—\n\t(a)\tAEMO's decision under subsection (1) to disclose protected information; and\n\t(b)\twithout limiting paragraph (a), if AEMO's decision under subsection (1) is to disclose the protected information, AEMO's opinion—\n\t(i)\tthat the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or\n\t(ii)\tthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\nrestricted period means a period of 5 business days after—\n\t(a)\tan initial disclosure notice has been given under this section; or\n\t(b)\ta further disclosure notice has been given under this section,\nwhichever is the later.\nDivision 7—AEMO's statutory funds\n55—Definitions\nRule fund means a fund existing in NEMMCO's books as a Rule fund immediately before the changeover date or a fund established as a Rule fund under this Division.\n55A—AEMO's Rule funds\n\t(1)\tSubject to the Rules, AEMO is responsible for the administration of each Rule fund.\n\t(2)\tAEMO must, if required to do so by the Rules, establish and maintain a new Rule fund in accordance with the Rules.\n\t(3)\tNothing in this Law or the Rules constitutes AEMO, or a director of AEMO, as a trustee of a Rule fund.\n55B—Payments into and out of Rule funds\n\t(1)\tAEMO must ensure that there is paid into each Rule fund—\n\t(a)\tall amounts received by AEMO that, under the Rules, are required to be paid into the fund; and\n\t(b)\tincome from investment of money in the fund.\n\t(2)\tMoney held in a Rule fund may be applied only in payment of—\n\t(a)\tamounts that, under the Rules, are required or permitted to be paid from the fund; or\n\t(b)\tliabilities or expenses of the fund.\n55C—Investment\n\t(1)\tAEMO may invest money standing to the credit of a Rule fund.\n\t(2)\tAEMO must, in exercising the power of investment, exercise the care, diligence and skill that a prudent person would exercise in managing the affairs of others.\n","sortOrder":29},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Functions and powers of Minister of this participating jurisdiction","content":"Part 5A—Functions and powers of Minister of this participating jurisdiction\n57A—Functions and powers of Minister of this participating jurisdiction\n\t(1)\tThe Minister of this participating jurisdiction has the functions and powers conferred on him or her under this Law, the Regulations or the Rules.\n\t(2)\tThe Minister of this participating jurisdiction has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\nMinister of this participating jurisdiction means the Minister that administers the Act of this jurisdiction that applies this Law or a part of this Law as a law of this jurisdiction—see section 6(1)(b).\n","sortOrder":30},{"sectionNumber":"Part 5B","sectionType":"part","heading":"Functions and powers of Tribunal","content":"Part 5B—Functions and powers of Tribunal\n57B—Functions and powers of Tribunal under this Law\n\t(1)\tThe Tribunal has the functions and powers conferred on it under Division 3A of Part 6 and any Regulations made for the purposes of that Division.\n\t(2)\tThe Tribunal has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\nPart 6—Proceedings under the National Electricity Law\n59—Instituting civil proceedings under this Law\n\t(1)\tProceedings may not be instituted in a relevant court in respect of a breach of a provision of this Law, the Regulations or the Rules that is not an offence provision by any person (other than the AER) except as provided for in this Part.\n\t(2)\tDespite subsection (1), a person may institute a proceeding in the Court in respect of any matter or thing arising out of or that is the subject of a Rule dispute if the Rules provide that a proceeding may be instituted in the Court in respect of that matter or thing.\n\t(3)\tTo avoid doubt, nothing in this Part prevents the use of this Law, the Regulations or the Rules as evidence in any proceedings.\nDivision 1A—Enforceable undertakings\n59A—Enforceable undertakings\n\t(1)\tThe AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules.\n\t(2)\tA person may withdraw or vary the undertaking at any time, but only with the consent of the AER.\n\t(3)\tIf the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4).\n\t(4)\tIf the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders:\n\t(a)\tan order directing the person to comply with that term of the undertaking;\n\t(b)\tan order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach;\n\t(c)\tan order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;\n\t(d)\tany other order that the Court considers appropriate.\nDivision 2—Proceedings by the AER in respect of this Law, the Regulations and the Rules\n60—Time limit within which AER may institute proceedings\n\t(1)\tA proceeding for a breach of a provision of this Law, the Regulations or the Rules by a person that is not an offence provision may only be instituted by the AER within 6 years of the date on which the breach occurred.\n\t(2)\tA person, other than the AER, may only institute a proceeding for a breach of a conduct provision by another person within 6 years after the date on which the breach occurred.\n61—Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences\n\t(1)\tThe Court may make an order, on application by the AER on behalf of the Commonwealth, declaring that a person has breached a provision of this Law, the Regulations or the Rules that is not an offence provision.\nA Supreme Court of a participating jurisdiction that is a State may hear an application by the AER under subsection (1) by operation of subsection 39(2) of the Judiciary Act 1903 of the Commonwealth.\n\t(2)\tIf the order declares the person has breached a provision of this Law, the Regulations or the Rules that is not an offence provision, the order may include one or more of the following—\n\t(a)\tan order that the person pay a civil penalty determined in accordance with this Law, the Regulations and the Rules;\n\t(b)\tan order that the person cease, within a specified period, the act, activity or practice constituting the breach;\n\t(c)\tan order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;\n\t(d)\tan order that the person implement a specified program for compliance with this Law, the Regulations and the Rules;\n\t(da)\tan order that the person perform a specified service that relates to the breach and that is for the benefit of the community or a section of the community;\n\t(db)\tan order that the person, at the person's expense, engage—\n\t(i)\tanother person specified in the order; or\n\t(ii)\tanother person in a class of persons specified in the order,\nto perform a service that is specified in the order and that relates to the breach and that is for the benefit of the community or a section of the community;\n\t(dc)\tan order to ensure that the person does not engage in further conduct of the same nature, or similar or related conduct, during the period of the order (which cannot exceed 3 years), including—\n\t(i)\tan order that the person establish a compliance program or an education and training program for employees or other persons involved in the person's business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the conduct constituting the breach, or similar or related conduct; or\n\t(ii)\tan order that the person revise the internal operations of the person's business that led to the person committing the breach;\n\t(dd)\tan order that the person—\n\t(i)\tdisclose, in the way and to the persons specified in the order, specified information, being information that the person has possession of or access to; and\n\t(ii)\tpublish, at the person's expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order;\n\t(e)\tan order of a kind prescribed by the Regulations.\n\t(2a)\tAn order under subsection (2) paragraph (db) is not enforceable against a person mentioned in paragraph (db)(i) or (ii).\n\t(3)\tIf a person has engaged, is engaging or is proposing to engage in any conduct in breach of a provision of this Law, the Regulations or the Rules that is not an offence provision, the Court may, on application by the AER on behalf of the Commonwealth, grant an injunction—\n\t(a)\trestraining the person from engaging in the conduct; and\n\t(b)\tif, in the Court's opinion, it is desirable to do so—requiring the person to do something.\n\t(4)\tThe power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised—\n\t(a)\tif the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\t(b)\tif it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n61A—Proceedings for declaration that a person has breached a conduct provision\n\t(1)\tThe Court may make an order, on application by a person other than the AER, declaring that another person has breached a conduct provision.\n\t(2)\tIf the order declares a person has breached a conduct provision, the order may include one or more of the following:\n\t(a)\tan order that the person cease, within a specified period, the act, activity or practice constituting the breach;\n\t(b)\tan order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;\n\t(c)\tan order that the person implement a specified program for compliance with this Law, the Regulations and the Rules;\n\t(d)\tan order of a kind prescribed by the Regulations.\n\t(3)\tIf a person has engaged, or is engaging or proposing to engage in any conduct in breach of a conduct provision, the Court may, on application by another person (other than the AER), grant an injunction—\n\t(a)\trestraining the first mentioned person from engaging in the conduct; and\n\t(b)\tif, in the Court's opinion, it is desirable to do so—requiring the first mentioned person to do something.\n\t(4)\tThe power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised—\n\t(a)\tif the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\t(b)\tif it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n61B—Actions for damages by persons for breach of conduct provisions\nA person other than the AER who suffers loss or damage by conduct of another person that was done in breach of a conduct provision may recover the amount of the loss or damage by action against that other person in a court of competent jurisdiction.\n62—Additional Court orders\nAn order under section 61 by the Court may, in relation to a Registered participant that has been declared in that order to have breached a provision of this Law, the Regulations or the Rules that is not an offence provision, also include either or both of the following—\n\t(a)\ta direction that the Registered participant's loads be disconnected in accordance with the Rules;\n\t(b)\ta direction that the Registered participant be suspended from, as the case requires, purchasing or supplying electricity through the wholesale exchange operated and administered by AEMO.\n63—Orders for disconnection in certain circumstances where there is no breach\n\t(1)\tThe Court, on application by the AER on behalf of the Commonwealth, may make an order that directs that a Registered participant's loads be disconnected if a relevant disconnection event occurs.\nrelevant disconnection event means an event specified in the Rules as being an event for which a Registered participant's loads may be disconnected, being an event that does not constitute a breach of the Rules.\n64—Matters for which there must be regard in determining amount of civil penalty\nEvery civil penalty ordered to be paid by a person declared to have breached a provision of this Law, the Regulations or the Rules must be determined having regard to all relevant matters, including—\n\t(a)\tthe nature and extent of the breach; and\n\t(b)\tthe nature and extent of any loss or damage suffered as a result of the breach; and\n\t(ba)\twithout limiting the operation of section 2AB(1)(c)(ii)(B) or (C) or (d)(ii)(B)—the value of any benefit reasonably attributable to the breach that the person or, in the case of a body corporate, any related body corporate, has obtained, directly or indirectly; and\n\t(c)\tthe circumstances in which the breach took place; and\n\t(d)\twhether the person has engaged in any similar conduct and been found to have breached a provision of this Law, the Rules or the Regulations in respect of that conduct; and\n\t(e)\twhether the service provider had in place a compliance program approved by the AER or required under the Rules, and if so, whether the service provider has been complying with that program.\n65—Breach of a civil penalty provision is not an offence\nA breach of a civil penalty provision is not an offence.\n66—Breaches of civil penalty provisions involving continuing failure\nFor the purpose of determining the civil penalty for a breach of a civil penalty provision if the breach consists of a failure to do something that is required to be done, the breach is to be regarded as continuing until the act is done despite the fact that any period within which, or time before which, the act is required to be done has expired or passed.\n67—Conduct in breach of more than one civil penalty provision\n\t(1)\tIf the conduct of a person constitutes a breach of 2 or more civil penalty provisions, proceedings may be instituted under this Law against the person in relation to the breach of any one or more of those provisions.\n\t(2)\tHowever, the person is not liable to more than one civil penalty under this Law in respect of the same conduct.\nClause 39 of Schedule 2 to this Law sets out further provisions in relation to double jeopardy.\n67A—Conduct in breach of reliability obligation civil penalty provision\n\t(1)\tThis section applies for the purpose of determining the civil penalty for a breach of the reliability obligation civil penalty provision.\n\t(2)\tIf the conduct of a person constitutes a breach of the reliability obligation civil penalty provision on 2 or more occasions in relation to the same reliability gap period, proceedings may be instituted under this Law against the person in relation to the breach of the provision on any 1 or more of those occasions.\n\t(3)\tHowever, the person is not liable to more than 1 civil penalty under this Law in respect of a breach of the reliability obligation civil penalty provision for 1 reliability gap period.\n68—Persons involved in breach of civil penalty provision or conduct provision\n\t(1)\tA person must not—\n\t(a)\taid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or\n\t(b)\tbe in any way directly or indirectly knowingly concerned in, or a party to, a breach of a civil penalty provision or conduct provision by another person.\n\t(2)\tThis Law applies to a person who breaches subsection (1) in relation to a civil penalty provision or conduct provision as if the person were a person who has breached the civil penalty provision or conduct provision.\n68A—Attempt to breach civil penalty provision\nA person who attempts to commit a breach of a civil penalty provision commits a breach of that provision.\n69—Civil penalties payable to the Commonwealth\nIf a person is ordered to pay a civil penalty, the penalty is payable to the Commonwealth.\n","sortOrder":31},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Proceedings before, and awards etc of, Dispute resolution panels","content":"Division 2A—Proceedings before, and awards etc of, Dispute resolution panels\n69A—Commercial Arbitration Acts apply to proceedings before Dispute resolution panels\n\t(1)\tSubject to the modifications prescribed by the Regulations, the procedural provisions of the Commercial Arbitration Act of this jurisdiction apply to the hearing of a Rule dispute and decision or determination of a Dispute resolution panel.\nprocedural provisions of the Commercial Arbitration Act of this jurisdiction means the provisions prescribed by the Regulations for the purposes of this section.\nDivision 3—Judicial review of decisions and determinations under this Law, the Regulations and the Rules\n70—Applications for judicial review\n\t(1)\tA person aggrieved by—\n\t(a)\ta decision or determination of the AEMC or AEMO under this Law, the Regulations or the Rules; or\n\t(b)\ta failure by the AEMC or AEMO to make a decision or determination under this Law, the Regulations or the Rules; or\n\t(c)\tconduct engaged in, or proposed to be engaged in, by the AEMC or AEMO for the purpose of making a decision or determination under this Law, the Regulations or the Rules,\nmay apply to the Court for judicial review of the decision or determination, failure or conduct or proposed conduct.\nThe AER is subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth.\n\t(2)\tUnless the Court otherwise orders, the making of an application to the Court under subsection (1) does not affect the operation of the decision or determination referred to in that subsection or prevent the taking of action to implement the decision or determination.\nperson aggrieved includes a person whose interests are adversely affected.\n71—Appeals on questions of law from decisions or determinations of Dispute resolution panels\n\t(1)\tA person who is a party to a Rule dispute may appeal to the Court, on a question of law, against a decision or determination of a Dispute resolution panel.\n\t(2)\tSubject to the modifications prescribed by the Regulations, the review provisions of the Commercial Arbitration Act of this jurisdiction apply to a decision or determination of a Dispute resolution panel.\nreview provisions of the Commercial Arbitration Act of this jurisdiction means the provisions prescribed by the Regulations for the purposes of this section.\n","sortOrder":32},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Merits review and other non-judicial review","content":"Division 3A—Merits review and other non-judicial review\n71A—Definitions\napplicant means—\n\t(b)\ta person who makes an application under section 71S;\ninformation disclosure decision means—\n\t(a)\ta decision to disclose information made by the AER under section 28ZB; or\n\t(b)\ta decision to disclose information made by AEMO under section 54H;\nreview under this Division means a review under Subdivision 3.\nSubdivision 3—Tribunal review of information disclosure decisions\n71S—Application for review\n\t(1)\tA person whose interests are adversely affected by an information disclosure decision may apply to the Tribunal for a review of the decision.\n\t(2)\tAn application must be made in the form and manner determined by the Tribunal.\n\t(3)\tAn application may only be made on the ground that—\n\t(a)\tthe decision was not made in accordance with law; or\n\t(b)\tthe decision is unreasonable having regard to all relevant circumstances.\n\t(4)\tThe person must lodge the application with the Tribunal no later than 5 business days after the date of the last notice given under section 28ZB or section 54H (as the case requires).\n\t(5)\tAn application under this section stays the operation of the decision until the earlier of—\n\t(a)\t20 business days; or\n\t(b)\tthe making of a determination by the Tribunal in respect of the application.\n71T—Exclusion of public in certain cases\nOn the application of a party to a review under this Subdivision, the Tribunal may conduct the review in the absence of the public.\n71U—Determination in the review\n\t(1)\tSubject to this Division, on receipt of an application under section 71S, the Tribunal must make a determination in respect of the application.\n\t(2)\tA determination under this section must only—\n\t(a)\taffirm the information disclosure decision; or\n\t(b)\tforbid disclosure by the AER or AEMO of the information or document to which the information disclosure decision relates; or\n\t(c)\trestrict, as specified in the determination, the intended disclosure by the AER or AEMO of the information or document to which the information disclosure decision relates.\n\t(3)\tFor the purposes of making a determination of the kind in subsection (2)(a), the Tribunal may perform all the functions and exercise all the powers of the AER or AEMO (as the case requires) under this Law or the Rules.\n\t(4)\tA determination by the Tribunal affirming the information disclosure decision, or forbidding or restricting disclosure of information, is, for the purposes of this Law (other than this Part), to be taken to be a decision of the AER or AEMO (as the case requires).\n71V—Tribunal must be taken to have affirmed decision if decision not made within time\n\t(1)\tThis section applies if the Tribunal does not make a determination under section 71U within 20 business days after an application is lodged under section 71S.\n\t(2)\tThe Tribunal must be taken to have made a determination under section 71U affirming the information disclosure decision to which the application relates.\n71W—Assistance from AER or AEMO\nThe member of the Tribunal presiding in the review may require the AER or AEMO (as the case requires) to give information, to make a report or to give other assistance for the purposes of the review.\nSubdivision 4—General\n71X—Costs in a review\n\t(1)\tSubject to this section, the Tribunal may order that a party to a review under this Division pay all or a specified part of the costs of another party to the review.\n\t(2)\tThe Tribunal must not make an order requiring the AER to pay the costs of another party to the review unless the Tribunal considers that the AER has conducted their case in the review without due regard to—\n\t(a)\tthe costs that would have to be incurred by another party to the review as a result of that conduct; or\n\t(b)\tthe time required by—\n\t(i)\tthe Tribunal to hear the review as a result of that conduct; or\n\t(ii)\tanother party to prepare their case as a result of that conduct; or\n\t(c)\tthe submissions or arguments made to the Tribunal by another party.\n71Y—Amount of costs\n\t(1)\tIf the Tribunal makes an order for costs in a review under this Division, the Tribunal may in that order fix the amount of costs payable by a party to the review on—\n\t(a)\ta party and party basis; or\n\t(b)\ta solicitor and client basis; or\n\t(c)\tan indemnity basis; or\n\t(d)\tany other basis as the Tribunal may decide.\n","sortOrder":33},{"sectionNumber":"Div 3B","sectionType":"division","heading":"Enforcement of access determinations","content":"Division 3B—Enforcement of access determinations\n71ZA—Enforcement of access determinations\n\t(1)\tIf the Court is satisfied, on the application of a party to an access determination, that another party to the determination has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of the determination, the Court may make all or any of the following orders:\n\t(a)\tan order granting an injunction on such terms as the Court thinks appropriate—\n\t(i)\trestraining the other party from engaging in the conduct; or\n\t(ii)\tif the conduct involves refusing or failing to do something—requiring the other party to do that thing;\n\t(b)\tan order directing the other party to compensate the applicant for loss or damage suffered as a result of the contravention;\n\t(c)\tany other order that the Court thinks appropriate.\n\t(2)\tThe revocation of an access determination does not affect any remedy under subsection (1) in respect of a contravention of the determination that occurred when the determination was in force.\n\t(3)\tIf the Court has power under subsection (1) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the Court may make any other orders (including granting an injunction) that it thinks appropriate against any other person who was involved in the contravention concerned.\n\t(4)\tA reference in this section to a person involved in the contravention is a reference to a person who has—\n\t(a)\taided, abetted, counselled or procured the contravention; or\n\t(b)\tinduced the contravention, whether through threats or promises or otherwise; or\n\t(c)\tbeen in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or\n\t(d)\tconspired with others to effect the contravention.\n71ZB—Consent injunctions\nOn an application for an injunction under section 71ZA, the Court may grant an injunction by consent of all of the parties to the proceedings, whether or not the Court is satisfied that the section applies.\n71ZC—Interim injunctions\nThe Court may grant an interim injunction pending determination of an application under section 71ZA.\n71ZD—Factors relevant to granting a restraining injunction\nThe power of the Court to grant an injunction under section 71ZA restraining a person from engaging in conduct may be exercised whether or not—\n\t(a)\tit appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\t(b)\tthe person has previously engaged in conduct of that kind; or\n\t(c)\tthere is an imminent danger of substantial damage to any person if the first mentioned person engages in conduct of that kind.\n71ZE—Factors relevant to granting a mandatory injunction\nThe power of the Court to grant an injunction under section 71ZA requiring a person to do a thing may be exercised whether or not—\n\t(a)\tit appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that thing; or\n\t(b)\tthe person has previously refused or failed to do that thing; or\n\t(c)\tthere is an imminent danger of substantial damage to any person if the first mentioned person refuses or fails to do that thing.\n71ZF—Discharge or variation of injunction or other order\nThe Court may discharge or vary an injunction or order granted under this Division.\nDivision 4—Other civil proceedings\n72—Obligations under Rules to make payments\n\t(1)\tIf, under the Rules—\n\t(a)\ta relevant person is required to pay an amount to AEMO or another relevant person; or\n\t(b)\tAEMO is required to pay an amount to a Registered participant,\nand that amount is not paid within 28 days after it is due in accordance with the Rules, the relevant person to whom the amount is due, or AEMO (as the case requires), may recover that amount in a relevant court of competent jurisdiction as a civil debt payable to them.\n\t(2)\tIf, under the Rules, a relevant person is required to pay an amount to AEMO or another relevant person, or AEMO is required to pay an amount to a Registered participant, and the Rules do not specify a date for payment of that amount—\n\t(a)\tthat amount must be paid within the period of time specified in any notice to pay issued by the relevant person or AEMO (as the case requires) that specifies that amount; and\n\t(b)\tthe relevant person that issued the notice to pay, or AEMO (as the case requires), may, if that amount is not paid within 28 days after it is due in accordance with that notice, recover that amount in a relevant court of competent jurisdiction as a civil debt payable to them.\n\t(3)\tSubsection (1) and (2) apply despite a relevant person or AEMO disputing, in accordance with the Rules, an amount to be paid under the Rules, or specified in a notice to pay, unless—\n\t(a)\tthe Rules otherwise provide; or\n\t(b)\tthe parties to the dispute agree otherwise; or\n\t(c)\ta relevant Dispute resolution panel, in a civil claim Rule dispute in respect of the payment of an amount referred to in subsection (1) or (2), determines that the relevant subsection does not apply; or\n\t(d)\ta relevant court of competent jurisdiction determines that subsection (1) or (2) does not apply.\ncivil claim Rule dispute means a dispute between relevant persons, or between AEMO and a relevant person, in relation to the payment of an amount under the Rules in respect of which the Rules provide that the dispute must be resolved in accordance with the Rules;\nrelevant Dispute resolution panel means a Dispute resolution panel appointed to hear and determine a civil claim Rule dispute;\nrelevant person means—\n\t(a)\ta Registered participant; or\n\t(b)\ta liable entity;\nnotice to pay includes a statement of payment, settlement statement, bill or invoice.\nDivision 5—Infringement notices\n73—Definitions\ntier 1 civil penalty provision means a civil penalty provision with a civil penalty determined under section 2AB(1)(c) or (d)(ii)(B);\ntier 2 civil penalty provision means a civil penalty provision with a civil penalty determined under section 2AB(1)(b) or (d)(i) or (ii)(A);\ntier 3 civil penalty provision means a civil penalty provision with a civil penalty determined under section 2AB(1)(a).\n74—Power to serve a notice\n\t(1)\tSubject to this section, the AER may serve an infringement notice on a person if the AER believes on reasonable grounds that the person has breached a civil penalty provision.\n\t(1a)\tThe AER must, however, serve an infringement notice not later than 12 months after the date on which the AER forms a belief that there has been a breach of a civil penalty provision.\n\t(2)\tAn infringement notice may be served on a person—\n\t(a)\tif the person is a natural person—\n\t(i)\tby delivering it personally to the person; or\n\t(ii)\tby sending it by post addressed to the person to their usual or last known place of residence or business; or\n\t(b)\tif the person is a body corporate—\n\t(i)\tby delivering it personally to the registered office or usual or last known place of business of the body corporate; or\n\t(ii)\tby sending it by post addressed to the body corporate to its registered office or usual or last known place of business.\n75—Form of notice\nAn infringement notice must state—\n\t(a)\tthe date of the notice;\n\t(b)\tthat the alleged breach is a breach of the civil penalty provision;\n\t(c)\tthe nature, and a brief description, of the alleged breach;\n\t(d)\tthe date, time and place of the alleged breach;\n\t(e)\tthe infringement penalty for the alleged breach;\n\t(f)\tthe manner in which the infringement penalty may be paid;\n\t(g)\tthe time (being not less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid;\n\t(h)\tthat, if the amount of the infringement penalty is paid before the end of the time specified in the notice, proceedings will not be instituted in respect of the alleged breach by the AER unless the notice is withdrawn before the end of that time in accordance with section 79;\n\t(i)\tthat the person is entitled to disregard the notice and defend any proceedings in respect of the civil penalty provision;\n\t(j)\tany other particulars prescribed by the Regulations.\n76—Infringement penalties\n\t(1)\tThe infringement penalty for a breach of a civil penalty provision is—\n\t(a)\tin the case of a tier 3 civil penalty provision—\n\t(i)\tif the breach is alleged to have been committed by a natural person—$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n\t(ii)\tif the breach is alleged to have been committed by a body corporate—\n\t(A)\tif the AER makes a determination under subsection (2)—$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or\n\t(B)\tin any other case—$33 900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n\t(b)\tin the case of a tier 1 or tier 2 civil penalty provision—\n\t(i)\tif the breach is alleged to have been committed by a natural person—$13 600 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n\t(ii)\tif the breach is alleged to have been committed by a body corporate—$67 800 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision.\n\t(2)\tIn the case of a body corporate that is not a listed corporation or a body corporate that is subject to the infringement penalty by virtue only of being a related body corporate, the AER may, in a particular case, determine that the infringement penalty to be included in an infringement notice to be issued to the body corporate in relation to an alleged breach of a tier 3 civil penalty provision will be the amount applying under subsection (1)(a)(ii)(A) if the AER considers this to be an appropriate course of action after taking into account—\n\t(a)\tthe nature of the alleged breach; and\n\t(b)\tthe degree of financial impact on the body corporate if the higher infringement penalty under subsection (1)(a)(ii)(B) were to be imposed; and\n\t(c)\tthe extent to which the imposition of the higher infringement penalty would appear to be excessive in the circumstances; and\n\t(d)\tany other matter considered relevant by the AER.\nSee Schedule 2 clause 37A, which provides for the amounts specified in this section to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n77—AER cannot institute proceedings while infringement notice on foot\nOn serving an infringement notice under this Division, the AER must not institute a proceeding in respect of the breach for which the infringement notice was served if—\n\t(a)\tthe time for payment stated in the infringement notice has not expired; and\n\t(b)\tthe infringement notice has not been withdrawn by the AER in accordance with section 79.\n78—Late payment of penalty\nThe AER may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if—\n\t(a)\ta proceeding has not been instituted in respect of the breach to which the infringement penalty relates; and\n\t(b)\tthe infringement notice has not been withdrawn by the AER in accordance with section 79.\n79—Withdrawal of notice\n\t(1)\tThe AER may withdraw an infringement notice at any time before the end of the time for payment specified in the notice by serving a withdrawal notice on the person served with the infringement notice.\n\t(2)\tA withdrawal notice may be served on a person—\n\t(a)\tif the person is a natural person—\n\t(i)\tby delivering it personally to the person; or\n\t(ii)\tby sending it by post addressed to the person to their usual or last known place of residence or business; or\n\t(b)\tif the person is a body corporate—\n\t(i)\tby delivering it personally to the registered office or usual or last known place of business of the body corporate; or\n\t(ii)\tby sending it by post addressed to the body corporate to its registered office or usual or last known place of business.\n\t(3)\tAn infringement notice may be withdrawn even if the infringement penalty has been paid.\n80—Refund of infringement penalty\nIf an infringement notice is withdrawn in accordance with section 79, the amount of any infringement penalty paid must be refunded by the AER.\n81—Payment expiates breach of civil penalty provision\nNo proceedings may be taken by the AER against a person on whom an infringement notice was served in respect of an alleged breach of a civil penalty provision if—\n\t(a)\tthe infringement penalty is—\n\t(i)\tpaid within the time for payment stated in the notice; and\n\t(ii)\tnot withdrawn by the AER within the time for payment stated in the notice in accordance with section 79; or\n\t(b)\tthe infringement penalty is accepted in accordance with section 78.\n82—Payment not to have certain consequences\nThe payment of an infringement penalty under this Division is not and must not be taken to be an admission of a breach of a civil penalty provision or an admission of liability for the purpose of any proceeding instituted in respect of the breach.\n83—Conduct in breach of more than one civil penalty provision\n\t(1)\tIf the conduct of a person constitutes a breach of 2 or more civil penalty provisions, an infringement notice may be served on the person under this Division in relation to the breach of any one or more of those provisions.\n\t(2)\tHowever, the person is not liable to pay more than one infringement penalty in respect of the same conduct.\nClause 39 of Schedule 2 to this Law sets out further provisions in relation to double jeopardy.\n85—Offences and breaches by corporations\n\t(1)\tIf a corporation contravenes an offence provision or breaches a civil penalty provision, each officer of the corporation is to be taken to have contravened the offence provision or to have breached the civil penalty provision if the officer knowingly authorised or permitted the contravention or breach.\n\t(2)\tAn officer of a corporation may be proceeded against under an offence provision or civil penalty provision pursuant to this section whether or not the corporation has been proceeded against under the provision.\n\t(3)\tNothing in this section affects the liability of a corporation for a contravention of an offence provision or for a breach of a civil penalty provision.\n86—Corporations also in breach if officers and employees are in breach\nIf an officer or employee of a corporation commits an act, which is within the scope of the actual or apparent authority of the officer or employee, that would, if that act were committed by the corporation, constitute a breach of a provision of this Law, the Regulations or the Rules, the corporation is taken to have contravened that provision.\nPart 7—The making of the National Electricity Rules\n87—Definitions\nAEMC initiated Rule means a Rule of the kind referred to in section 91(2);\nAEMC Rule review means a review conducted by the AEMC under Division 5 of Part 4;\nelectricity market regulatory body means—\n\t(a)\tthe AER;\n\t(b)\tAEMO;\n\t(c)\tthe Reliability Panel;\nmarket initiated proposed Rule means a request for a Rule, including a trial Rule, made under section 91(1) in respect of which the AEMC publishes a notice under section 95;\nmore preferable Rule has the meaning given by section 91A;\nnon-controversial Rule means a Rule that is unlikely to have a significant effect on the national electricity market;\nproposed Rule means—\n\t(a)\ta market initiated proposed Rule; or\n\t(b)\ta proposal for an AEMC initiated Rule; or\n\t(c)\ta proposed more preferable Rule;\npublish means—\n\t(a)\tin relation to a notice required to be published under this Part (except section 90 or 103)—publish in the South Australian Government Gazette and on the AEMC's website;\n\t(ab)\tin relation to a decision under section 94(2)—publish on the AEMC's website and make available at the offices of the AEMC;\n\t(b)\tin relation to a proposed Rule referred to in section 95 and any other documents prescribed by the Regulations in relation to a proposed Rule referred to in section 95—publish on the AEMC's website and make available at the offices of the AEMC;\n\t(c)\tin relation to a draft Rule determination or final Rule determination—publish on the AEMC's website and make available at the offices of the AEMC;\n\t(ca)\tin relation to a notice setting out requirements imposed under section 104B—publish on the AEMC's website;\n\t(d)\tin relation to any submissions or comments received by the AEMC under this Part—subject to section 108, publish on the AEMC's website and make available at the offices of the AEMC;\n\t(e)\tin relation to a report prepared under section 108A—publish on the AEMC's website and make available at the offices of the AEMC;\ntrial Rule means a Rule for the purposes of a trial project;\nurgent Rule means a Rule relating to any matter or thing that, if not made as a matter of urgency, will result in that matter or thing imminently prejudicing or threatening—\n\t(a)\tthe effective operation or administration of the wholesale exchange operated and administered by AEMO; or\n\t(b)\tthe safety, security or reliability of the national electricity system.\nSubdivision 2—Rule making tests\n88—Application of national electricity objective\n\t(1)\tThe AEMC may only make a Rule if it is satisfied that the Rule will or is likely to contribute to the achievement of the national electricity objective.\n\t(2)\tFor the purposes of subsection (1), the AEMC may give such weight to any aspect of the national electricity objective as it considers appropriate in all the circumstances, having regard to any relevant MCE statement of policy principles.\n88A—AEMC must take into account form of regulation factors in certain cases\nIn addition to complying with sections 88 and 88B, the AEMC must take into account the form of regulation factors and any other matter the AEMC considers relevant—\n\t(a)\tin making a Rule that—\n\t(i)\tspecifies an electricity network service as a direct control network service or negotiated network service; or\n\t(ii)\tconfers a function or power on the AER to specify under a network revenue or pricing determination an electricity network service (to which the relevant determination applies) as—\n\t(A)\ta direct control network service; or\n\t(B)\ta negotiated network service; or\n\t(b)\tin revoking a Rule that has been made or is in force that—\n\t(i)\tspecifies an electricity network service as a direct control network service or negotiated network service; or\n\t(ii)\tconfers a function or power on the AER to specify under a network revenue or pricing determination an electricity network service (to which the relevant determination applies) as—\n\t(A)\ta direct control network service; or\n\t(B)\ta negotiated network service.\n88B—AEMC must take into account revenue and pricing principles in certain cases\nIn addition to complying with sections 88 and 88A, the AEMC must take into account the revenue and pricing principles in making a Rule for or with respect to any matter or thing specified in items 15 to 24 and 25 to 26J of Schedule 1 to this Law.\n88C—AEMC must take into account innovative trial principles in certain cases\nIn addition to complying with sections 88 to 88B, the AEMC must take into account the innovative trial principles in making a trial Rule.\n89—AEMC must have regard to certain matters in relation to the making of jurisdictional derogations\nIn making a jurisdictional derogation, the AEMC must have regard to whether—\n\t(a)\tthe derogation provides for the orderly transfer of the regulation of the electricity industry in a participating jurisdiction under jurisdictional electricity legislation to the regulation of that industry under the national electricity legislation; or\n\t(b)\tthe derogation continues existing regulatory arrangements applying to the electricity industry in a participating jurisdiction and the Minister of the participating jurisdiction requesting the derogation has notified, in writing, the AEMC that he or she considers it necessary and appropriate that the existing regulatory arrangements continue; or\n\t(c)\tthe derogation is necessary to exempt, on an ongoing basis, generating, transmission or distribution systems or other facilities owned, controlled or operated in the participating jurisdiction to which the derogation relates from complying with technical standards relating to connection to the national electricity system set out in the Rules because those systems or facilities, by reason of their design or construction, are unable to comply with those standards.\nDivision 2—Minister initiated National Electricity Rules\nSubdivision 1—Initial Rules made by South Australian Minister\n90—South Australian Minister to make initial National Electricity Rules\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia may make Rules for or with respect to any matter or thing referred to in section 34 and Schedule 1 to this Law.\n\t(2)\tAs soon as practicable after making Rules under subsection (1), the Minister referred to in that subsection must—\n\t(3)\tThe notice referred to in subsection (2)(a) must state the date on which the Rules commence operation.\n\t(4)\tThe Rules made under subsection (1) may only be made on the recommendation of the MCE.\n\t(5)\tIf the Minister referred to in subsection (1) makes Rules under that subsection, the Minister cannot make another Rule under that subsection.\n90A—South Australian Minister to make further Rules relating to distribution determinations consumer advocacy and other matters\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia may make Rules—\n\t(a)\tfor or with respect to any matter or thing referred to in—\n\t(i)\titems 14A and 14B of Schedule 1 to this Law; and\n\t(ii)\titems 25 to 26H of Schedule 1 to this Law; and\n\t(iii)\titems 26I and 26J of Schedule 1 to this Law as they relate to distribution determinations and access determinations relating to access disputes about access to electricity network services provided by means of a distribution system;\n\t(iv)\titems 26K, 30A to 30D and 34A to 34C of Schedule 1 to this Law;\n\t(b)\tfor or with respect to any matter or thing contemplated by, or is necessary or expedient for the purposes of the items of Schedule 1 to this Law referred to in paragraph (a);\n\t(c)\tthat revoke or amend a Rule as a consequence of the enactment of the Australian Energy Market Commission Establishment (Consumer Advocacy Panel) Amendment Act 2007 of South Australia.\n\t(2)\tDespite anything to the contrary in this Law, the Minister referred to in subsection (1) may make a Rule under this section that is a derogation without a request from any person.\n\t(3)\tSection 34(3) applies to the making of Rules under subsection (1) as if the Rules being made under subsection (1) were Rules being made by the AEMC.\n\t(4)\tAs soon as practicable after making Rules under subsection (1), the Minister referred to in that subsection must—\n\t(7)\tIf the Minister referred to in subsection (1) makes Rules under that subsection, the Minister cannot make another Rule under that subsection.\n90AB—South Australian Minister to make initial Rules relating to consumer data right and further Rules relating to disclosure of data\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia (the South Australian Minister) may make Rules—\n\t(a)\tfor or with respect to the implementation of the CDR provisions relating to a designated energy sector, including the disclosure of CDR data; and\n\t(b)\tfor or with respect to the recovery of costs incurred by AEMO in the carrying out of functions under section 49(1)(fa); and\n\t(c)\tfor or with respect to access to and disclosure of metering data and NMI Standing Data; and\n\t(d)\tthat revoke or amend a Rule as a consequence of the enactment of the consumer data right amendments.\n\t(3)\tSection 34(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n\t(4)\tAs soon as practicable after making Rules under this section, the South Australian Minister must—\nconsumer data right amendments means the amendments made to this Law by the National Electricity (South Australia) (Consumer Data Right) Amendment Act 2022.\n90B—South Australian Minister to make initial Rules related to AEMO's functions under this Law\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia (the South Australian Minister) may make Rules on any 1 or more of the following subjects:\n\t(a)\tAEMO's statutory functions (including the additional advisory functions and the declared network functions);\n\t(b)\tthe subject matter of a new head of power added to Schedule 1 by the AEMO amendments;\n\t(c)\tany other subject contemplated by, or consequential on, the AEMO amendments.\n\t(3)\tRules in the nature of a derogation may be made under subsection (1) even though there may not have been a request for a derogation.\n\t(4)\tSection 34(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n\t(5)\tAs soon as practicable after making Rules under subsection (1), the South Australian Minister must—\n\t(a)\tpublish in the South Australian Government Gazette notice of the making of the Rules stating the date of commencement of the Rules or, if different Rules commence at different times, the various dates of commencement; and\n90BA—South Australian Minister may make consequential Rules relating to rate of return instrument\n\t(1)\tThe South Australian Minister may make Rules that revoke or amend a Rule if the revocation or amendment is consequential on the enactment of the Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018.\n\t(2)\tWithout limiting subsection (1), the South Australian Minister may make a rule providing that the rate of return on capital under a rate of return instrument in force at the start of a regulatory period applies throughout the period.\n\t(3)\tSection 34(3) applies to Rules made under this section in the same way it applies to Rules made by the AEMC.\n\t(4)\tAs soon as practicable after making Rules under this section, the South Australian Minister must—\n\t(a)\tthe date on which the Rules commence operation; and\n\t(6)\tRules may only be made under this section on the recommendation of the MCE.\n\t(7)\tOnce the first Rules have been made under subsection (1), no further Rules can be made under that subsection.\nregulatory period means the period specified in a network revenue or pricing determination to be the regulatory period;\nSouth Australian Minister means the Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia.\n90C—South Australian Minister to make initial Rules related to smart meters\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia (the South Australian Minister) may make Rules for or with respect to either or both of the following subjects:\n\t(a)\tthe smart meter amendments;\n\t(b)\tany other subject contemplated by, or consequential on, the smart meter amendments.\n\t(3)\tSection 34(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n\t(4)\tAs soon as practicable after making Rules under subsection (1), the South Australian Minister must—\n\t(a)\tpublish in the South Australian Government Gazette notice of the making of the Rules stating the date of commencement of the Rules or, if different Rules commence at different times, the various dates of commencement; and\n\t(5)\tOnce the first Rules have been made under subsection (1), no further Rules can be made under that subsection.\n90D—South Australian Minister may make initial Rules relating to implementation of NERL and NERR\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia (the South Australian Minister) may make Rules for or with respect to the following:\n\t(a)\tretail support obligations between regulated distribution system operators and retailers;\n\t(b)\tcredit support arrangements between regulated distribution system operators and retailers;\n\t(c)\tconnection services;\n\t(d)\tany other matter consequential on the making of the National Energy Retail Law or the National Energy Retail Rules or on the application of that Law or those Rules in a participating jurisdiction.\n\t(2)\tThe South Australian Minister may make Rules that amend the Rules made under subsection (1) for any purpose that is necessary or consequential on the application of the National Energy Retail Law or the National Energy Retail Rules in a participating jurisdiction.\n\t(3)\tRules in the nature of a derogation may be made under this section even though there may not have been a request for a derogation.\n\t(4)\tSection 34(3) applies to Rules made under this section in the same way as it applies to Rules made by the AEMC.\n\t(5)\tAs soon as practicable after making Rules under this section, the South Australian Minister must—\n\t(6)\tThe notice referred to in subsection (5)(a) must state—\n\t(7)\tRules may only be made under this section on the recommendation of the MCE.\n\t(8)\tRules cannot be made under this section once any one of the participating jurisdictions applies the National Energy Retail Law as a law of that jurisdiction.\n90DA—South Australian Minister to make initial Rules relating to regulatory sandboxing\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia (the South Australian Minister) may make Rules—\n\t(i)\tthe regulatory sandboxing amendments; and\n\t(ii)\tany other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and\n\t(b)\tthat revoke or amend a Rule as a consequence of the enactment of the regulatory sandboxing amendments.\n\t(2)\tsection 34(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n\t(3)\tAs soon as practicable after making Rules under this section, the South Australian Minister must—\n\t(5)\tRules may only be made under subsection (1) on the recommendation of the MCE.\nregulatory sandboxing amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Regulatory Sandboxing) Act 2022.\n90E—South Australian Minister to make initial Rules relating to Energy Consumers Australia\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia (the South Australian Minister) may make Rules—\n\t(a)\tfor or with respect to Energy Consumers Australia (including provisions for its funding); and\n\t(b)\tfor or with respect to any other subject contemplated by, or consequential on, the ECA amendments; and\n\t(c)\tthat revoke or amend a Rule as a consequence of the enactment of the ECA amendments.\n90EA—South Australian Minister to make initial Rules relating to Retailer Reliability Obligation\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia (the South Australian Minister) may make Rules—\n\t(i)\tthe Retailer Reliability Obligation amendments; and\n\t(ii)\tany other subject contemplated by, or consequential on, the Retailer Reliability Obligation amendments; and\n\t(b)\tthat revoke or amend a Rule as a consequence of the enactment of the Retailer Reliability Obligation amendments.\n\t(2)\tRules may be made under subsection (1) only on the recommendation of the MCE.\n\t(3)\tFor the purposes of subsection (1), a reference in section 34(1) to the national electricity system is taken to be a reference to the national electricity system or a local electricity system (as the context requires).\n\t(4)\tRules in the nature of a derogation may be made under subsection (1) even though there may not have been a request for a derogation.\n\t(5)\tRules made under subsection (1) may be differential Rules.\n\t(6)\tSection 34(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n\t(7)\tIf the Minister makes Rules under subsection (1), the Minister cannot make another Rule under that subsection.\n\t(b)\tdoes not have effect with respect to 1 or more of those systems;\n\t(a)\tan electricity system in this jurisdiction prescribed or declared in or under the application Act of this jurisdiction to be a local electricity system; and\n\t(b)\tthe generating systems and other facilities owned, controlled or operated in this jurisdiction connected to that local electricity system;\nRetailer Reliability Obligation amendments means the amendments made to this Law by the National Electricity (South Australia) (Retailer Reliability Obligation) Amendment Act 2019.\n90EB—South Australian Minister to make initial Rules relating to stand‑alone power systems\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia (the South Australian Minister) may make Rules—\n\t(a)\tfor or with respect to the stand‑alone power system amendments; and\n\t(b)\tfor or with respect to any other subject contemplated by, or necessary or expedient for, the stand‑alone power system amendments; and\n\t(c)\tthat revoke or amend a Rule as a consequence of the enactment of the stand‑alone power system amendments.\nstand‑alone power system amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Stand-Alone Power Systems) Act 2021.\n90EC—South Australian Minister to make initial Rules relating to Ministerial reliability instrument\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia (the South Australian Minister) may make Rules—\n\t(i)\tthe Ministerial reliability instrument amendments; and\n\t(ii)\tany other subject contemplated by, or necessary or expedient for, the Ministerial reliability instrument amendments; and\n\t(b)\tthat revoke or amend a Rule as a consequence of the enactment of the Ministerial reliability instrument amendments.\n\t(3)\tFor the purposes of subsection (1), a reference in section 34(1) to the national electricity system is taken to be a reference to the national electricity system or a local electricity system (as the context requires).\n\t(4)\tRules in the nature of a derogation may be made under subsection (1) even though there may not have been a request for a derogation.\n\t(5)\tRules made under subsection (1) may be differential Rules.\n\t(6)\tAs soon as practicable after making Rules under this section, the South Australian Minister must—\n\t(7)\tThe notice referred to in subsection (6)(a) must state—\n\t(8)\tRules may only be made under subsection (1) on the recommendation of the MCE.\n\t(9)\tOnce the first Rules have been made under subsection (1), no further Rules can be made under that subsection.\n\t(10)\tIn this section—\n\t(b)\tdoes not have effect with respect to 1 or more of those systems;\n\t(a)\tan electricity system in this jurisdiction prescribed or declared in or under the application Act of this jurisdiction to be a local electricity system; and\n\t(b)\tthe generating systems and other facilities owned, controlled or operated in this jurisdiction connected to that local electricity system;\nMinisterial reliability instrument amendments means the amendments made to this Law by the National Electricity (South Australia) (Ministerial Reliability Instrument) Amendment Act 2023.\n90ED—South Australian Minister may make initial Rules relating to national electricity objective\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia may, within 9 months after the commencement of this section—\n\t(a)\tmake Rules for or with respect to any matter or thing necessary or expedient to implement the amended objective; and\n\t(b)\tmake Rules for or with respect to any other subject contemplated by, or necessary or expedient for implementing, the amended objective; and\n\t(c)\tmake Rules that revoke or amend a Rule as a consequence of the enactment of the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 of South Australia.\n\t(2)\tRules in the nature of a derogation may be made under subsection (1) even though there may not have been a request for a derogation.\n\t(3)\tSection 34(3) applies to the making of Rules under subsection (1) as if the Rules being made under subsection (1) were Rules being made by the AEMC.\n\t(4)\tAs soon as practicable after making Rules under subsection (1), the Minister referred to in that subsection must—\n\t(7)\tIf the Minister referred to in subsection (1) makes Rules under that subsection, the Minister cannot make another Rule under that subsection.\namended objective means the national electricity objective as in force on the commencement of this section.\n90EE—South Australian Minister to make initial Rules relating to data access\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia (the South Australian Minister) may make Rules—\n\t(a)\tfor or with respect to the data access amendments; and\n\t(b)\tthat revoke or amend a Rule as a consequence of the enactment of the data access amendments.\n\t(3)\tRules in the nature of a derogation may be made under subsection (1) even though there may not have been a request for a derogation.\n\t(4)\tAs soon as practicable after making Rules under subsection (1), the South Australian Minister must—\n\t(7)\tOnce the first Rules have been made under subsection (1), no further Rules can be made under that subsection.\ndata access amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Data Access) Act 2025.\n90EF—South Australian Minister to make initial Rules relating to wholesale market monitoring matters\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia may make Rules for the following:\n\t(a)\tthe making of—\n\t(i)\tmarket monitoring information orders; and\n\t(ii)\twholesale market monitoring guidelines;\n\t(b)\tthe way the AER consults—\n\t(i)\ton the wholesale market monitoring guidelines under section 18EO(3); and\n\t(ii)\tthe public, under section 18EH, before making a market monitoring information order.\n90EG—South Australian Minister to make initial Rules relating to orderly exit management\n\t(1)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia may make Rules for matters or things necessary or expedient for the following:\n\t(a)\tthe making of mandatory operation directions under Part 8AA Division 2;\n\t(b)\tthe information that must be given to the AER, or otherwise disclosed, under Part 8AA Division 3;\n\t(c)\tthe functions of the financial vehicle under section 118AS;\n\t(d)\tthe administration of the OEM fund under Part 8AA Division 4 Subdivision 2;\n\t(e)\tpayments to and by MOD generators under section 118AY;\n\t(f)\tthe orderly exit management cost recovery mechanism under Part 8AA Division 4 Subdivision 4.\n90EH—South Australian Minister to make initial Rules relating to credit support for RoLR events\n\t(1)\tThe South Australian Minister may make Rules for or with respect to AEMO credit support requirements in relation to RoLR events.\n\t(2)\tSection 34(3) applies to Rules made under this section in the same way it applies to Rules made by the AEMC.\n\t(3)\tAs soon as practicable after making Rules under this section, the South Australian Minister must—\n\t(4)\tThe notice must state—\n\t(a)\tthe date on which the Rules commence operation; and\n\t(5)\tRules under this section may only be made on the recommendation of the MCE.\n\t(6)\tOnce the first Rules have been made under this section, no further Rules can be made under this section.\nRoLR event has the same meaning as in Part 6 of the National Energy Retail Law.\nSubdivision 2—Rules made by Minister from time to time\n90F—South Australian Minister may make Rules on recommendation of MCE and Energy Security Board\n\t(1)\tThe South Australian Minister may make Rules recommended by the MCE in accordance with subsection (2).\n\t(2)\tThe MCE may only recommend the making of Rules under subsection (1) if—\n\t(a)\tthe Rules are for or with respect to any matter or thing referred to in section 34 and Schedule 1 to this Law; and\n\t(b)\tthe Energy Security Board has recommended to the MCE that it recommend the making of the Rules under subsection (1).\n\t(3)\tFor the purposes of subsection (2), references in section 34(1) to the national electricity system will be taken to be references to the national electricity system or a local electricity system (as the context requires).\n\t(4)\tThe Energy Security Board may only make a recommendation for the purposes of subsection (2)(b) in relation to Rules if—\n\t(a)\tthe Rules are in connection with any of the following:\n\t(i)\tenergy security and reliability of the NEM or long‑term planning for the NEM;\n\t(ii)\tenergy security and reliability of a local electricity system or long‑term planning for a local electricity system; and\n\t(b)\tthe Energy Security Board is satisfied that the Rules are consistent with the national electricity objective; and\n\t(c)\tthe Energy Security Board has undertaken consultation on the Rules in accordance with any requirements determined by the MCE.\n\t(5)\tIn considering whether Rules are consistent with the national electricity objective, the Energy Security Board must regard the reference in the national electricity objective to the national electricity system as a reference to—\n\t(a)\tthe national electricity system; or\n\t(b)\t1 or more, or all, of the local electricity systems; or\n\t(c)\tall or any combination of the electricity systems referred to in paragraphs (a) and (b),\nas the Energy Security Board considers appropriate in the circumstances, having regard to the nature, scope or operation of the Rules.\n\t(6)\tRules in the nature of a derogation may be made under this section even though there may not have been a request for a derogation.\n\t(7)\tRules made under subsection (1) may be differential Rules.\n\t(8)\tSection 34(3) applies to Rules made under subsection (1) in the same way as that section applies to Rules made by the AEMC.\n\t(9)\tAs soon as practicable after making Rules under this section, the South Australian Minister must—\n\t(10)\tThe notice referred to in subsection (9)(a) must state—\n\t(11)\tIn this section—\n\t(b)\tdoes not have effect with respect to 1 or more of those systems,\nbut is not a jurisdictional derogation, participant derogation or Rule that has effect with respect to an adoptive jurisdiction for the purpose of section 91(8);\n\t(a)\tan electricity system in this jurisdiction prescribed or declared in or under the application Act of this jurisdiction to be a local electricity system; and\n\t(b)\tthe generating systems and other facilities owned, controlled or operated in this jurisdiction connected to that local electricity system.\nDivision 3—Procedure for the making of a Rule by the AEMC\n91—Initiation of making of a Rule\n\t(1)\tThe AEMC may make a Rule at the request of any person, the MCE or the Reliability Panel.\nSection 34 and Schedule 1 to this Law specify the subject matter for Rules.\n\t(2)\tThe AEMC must not make a Rule without a request under subsection (1) unless—\n\t(a)\tit considers the Rule corrects a minor error in the Rules; or\n\t(b)\tit considers the Rule involves a non-material change to the Rules; or\n\t(c)\tthe Rule is in respect of any matter that is prescribed by the Regulations as a matter on which it may make a Rule on its own initiative.\n\t(3)\tA Minister of a participating jurisdiction, after consulting with the Ministers of the other participating jurisdictions, may request the AEMC to make a jurisdictional derogation in respect of the jurisdiction of which he or she is a Minister.\n\t(4)\tThe Reliability Panel may only request the AEMC to make a Rule that relates to its functions.\nSection 38(2) describes the functions of the Reliability Panel.\n\t(5)\tA person conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant) may request the AEMC to make a participant derogation that relates to, as the case requires—\n\t(a)\tthat person; or\n\t(b)\ta class of person of which that person is a member.\n\t(6)\tAEMO may itself, or on behalf of itself and a Registered participant or a class of Registered participant, request the AEMC to make a participant derogation that relates to (as the case requires)—\n\t(a)\tit; or\n\t(b)\tit and the Registered participant; or\n\t(c)\tit and the class of Registered participant.\n\t(7)\tA request for a Rule regulating AEMO's declared network functions may only be made by—\n\t(a)\tAEMO; or\n\t(b)\ta declared transmission system operator that is a party to a network agreement with AEMO; or\n\t(c)\ta Minister of an adoptive jurisdiction.\n\t(8)\tThe AEMC may only make a Rule that has effect with respect to an adoptive jurisdiction if satisfied that the proposed Rule is compatible with the proper performance of AEMO's declared network functions.\n\t(9)\tThe AEMC may only make a Rule that affects the allocation of powers, functions and duties between AEMO and a declared transmission system operator if—\n\t(a)\tAEMO consents to the making of the Rule; or\n\t(b)\tthe Rule is requested by the Minister of the relevant adoptive jurisdiction.\n91A—AEMC may make more preferred Rule in certain cases\nThe AEMC may make a Rule that is different (including materially different) from a market initiated proposed Rule (a more preferable Rule) if the AEMC is satisfied that, having regard to the issue or issues that were raised by the market initiated proposed Rule (to which the more preferable Rule relates), the more preferable Rule will or is likely to better contribute to the achievement of the national electricity objective.\n91B—AEMC may make Rules that are consequential to a Rule request\n\t(1)\tDespite section 91(2), the AEMC may, having regard to a request to make a Rule under section 91(1), make a Rule under this Law, the National Gas Law or the National Energy Retail Law that is necessary or consequential, or corresponds, to the Rule.\n\t(2)\tFor the purposes of this Part, the AEMC must treat a Rule it may make under subsection (1) as if it were part of the Rule to be made on that request.\n92—Contents of requests for Rules\n\t(1)\tA request for the making of a Rule—\n\t(a)\tmust contain the information prescribed by the Regulations or the Rules (or both); and\n\t(ab)\tmust, subject to section 92A, be accompanied by the fee prescribed by the Regulations (if any); and\n\t(b)\tmay be accompanied by a draft of the Rule to be made.\n\t(2)\tA request for the making of a participant derogation must specify a date on which the participant derogation, if made, will expire.\n\t(3)\tA request for the making of a jurisdictional derogation may specify a date on which the jurisdictional derogation, if made, will expire.\n92A—Waiver of fee for Rule requests\nThe AEMC may waive the payment of any fee prescribed by the Regulations for the purposes of section 92.\n93—Consolidation of 2 or more Rule requests\n\t(1)\tIf the AEMC considers it necessary or desirable that 2 or more requests for the making of a Rule should be dealt with together, the AEMC may—\n\t(a)\ttreat those requests as 1 request for the purposes of this Part (a consolidated Rule request); or\n\t(b)\ttreat any later request as a submission in relation to the earliest Rule request.\n\t(2)\tFor the purposes of this Part, the AEMC may treat a consolidated Rule as being received by it on the day it receives either the first or last of the Rule requests forming part of the consolidated Rule request.\n94—Initial consideration of request for Rule\n\t(1)\tSubject to this Part, as soon as practicable after receiving a request for the making of a Rule, the AEMC must consider whether—\n\t(a)\tthe request for the Rule appears to—\n\t(i)\tcontain the information prescribed by the Regulations or the Rules (or both); and\n\t(ii)\tnot be misconceived or lacking in substance; and\n\t(b)\tthe subject matter of the request appears to be for or with respect to a matter in respect of which the AEMC may make a Rule under this Law; and\nSection 34 and Schedule 1 to this Law specify the subject matter for Rules.\n\t(c)\tthe subject matter of the request appears to relate to the subject matter of—\n\t(i)\ta Rule made, or a request for the making of a Rule under section 91(1) not proceeded with, in the 12 months immediately before the date of receipt of the request; or\n\t(ii)\tanother request for the making of a Rule under section 91(1) in respect of which the AEMC is taking action under this Part; and\n\t(d)\tin the case of a request for a trial Rule—the subject matter of the request appears to relate to the subject matter of—\n\t(i)\ta trial waiver granted by the AER; or\n\t(ii)\tan application for a trial waiver that has been received by the AER (but that has not been granted at the time of the request for the trial Rule).\n\t(2)\tIf the AEMC considers that—\n\t(a)\tin the case of a request for the making of any Rule—having regard to the matters set out in subsection (1), it should not take any action under this Division in respect of the request; or\n\t(b)\tin the case of a request for the making of a trial Rule—it should not take any action under this Division in respect of the request on the basis that—\n\t(i)\tthe trial project to which the request relates—\n\t(A)\tis unlikely to be carried out; or\n\t(B)\toffers no reasonable prospect of leading to better services and outcomes for consumers of electricity; or\n\t(ii)\tthe trial Rule requested—\n\t(A)\tis unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or\n\t(B)\tis unlikely to enable the trial project to be undertaken; or\n\t(C)\tshould be the subject of a request for a Rule other than a trial Rule,\nthe AEMC must make a decision to that effect and inform the person or body, in writing, that requested the Rule of that decision.\n\t(3)\tDespite subsection (1) or (2), the AEMC may make a decision to the effect that it should not take any action under this Division in respect of the request for the making of the Rule if the person or body that made the request has not complied with a notice in accordance with section 94A.\n\t(4)\tIn making a decision under subsection (3), the AEMC must have regard to any representation it receives under section 94A(4).\n\t(5)\tA decision under subsection (2) or (3) must—\n\t(a)\tset out the reasons for the decision; and\n\t(b)\tbe given to the person or body that made the request without delay; and\n\t(c)\tin the case where the decision was made only because of the matters set out in subsection (1)(c)—be published.\n\t(6)\tSubject to this Part, if the AEMC considers that, having regard to the matters set out in subsection (1), it should take action under this Division in respect of the request for the making of the Rule, the AEMC must publish notice of the request for the making of a Rule in accordance with section 95.\n\t(7)\tThe AEMC must, as soon as practicable after receiving a request for the making of a trial Rule, consult with AEMO on the matter.\n94A—AEMC may request further information from Rule proponent in certain cases\n\t(a)\treceives a request for the making of a Rule under section 91(1); and\n\t(b)\tconsiders, having regard to the nature and content of the request, that further information is required from the person or body that has made the request to assist it to understand the request's purpose or content.\n\t(2)\tThe AEMC may, by notice in writing, request the person or body that made the request under section 91(1) to provide the AEMC further information.\n\t(3)\tA notice under subsection (2) must specify—\n\t(a)\tthe kind of information the AEMC requires from the person or body; and\n\t(b)\tthe time within which that information must be provided to the AEMC.\n\t(4)\tA person or body given a notice under this section may make a written representation to the AEMC as to why it cannot provide the information specified in the notice within the time specified in the notice.\n95—Notice of proposed Rule\n\t(a)\tconsiders that it should take action under this Division in respect of a request for the making of a Rule; or\n\t(b)\tforms an intention to make an AEMC initiated Rule.\n\t(1a)\tThe AEMC must publish—\n\t(a)\tnotice of the request or intention (as the case requires); and\n\t(b)\ta draft of the proposed Rule; and\n\t(c)\tany other document prescribed by the Regulations.\n\t(2)\tA notice published under this section must—\n\t(a)\tinvite written submissions and comments from any person or body in relation to the proposed Rule by the date specified in the notice by the AEMC, being a date that is not less than 4 weeks from the date the notice is published; and\n\t(b)\tcontain any other information prescribed by the Regulations.\n\t(3)\tNothing in this Division is to be taken as requiring the AEMC to publish notices under this section in the same order as it—\n\t(a)\tconsiders that it should take action under this Division in respect of a request for the making of a Rule; or\n\t(b)\tforms an intention to make an AEMC initiated Rule.\n96—Publication of non-controversial or urgent final Rule determination\n\t(1)\tSubject to this section, if the AEMC considers that—\n\t(a)\tan AEMC initiated Rule is a non-controversial Rule; or \n\t(b)\ta request for a Rule is a request for a non-controversial Rule; or\n\t(c)\ta request for a Rule is a request for an urgent Rule,\nthe AEMC may make the relevant Rule in accordance with this Division (except sections 98 to 101) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 8 weeks from the date of publication of the notice under section 95.\n\t(2)\tBefore making a Rule as set out in subsection (1), the AEMC must include in a notice under section 95 a statement to the effect that the AEMC may make the relevant Rule if the AEMC does not receive a written request, and reasons, not to do so from any person or body within 2 weeks of publication of that notice.\n\t(3)\tThe AEMC must not make a Rule in accordance with this section if, following publication of a notice under section 95 containing a statement to the effect set out in subsection (2)—\n\t(a)\tthe AEMC receives a written request not to do so; and\n\t(b)\tthe reasons set out in that request are not, in its opinion, misconceived or lacking in substance.\n\t(4)\tIf the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non-controversial Rule or urgent Rule are misconceived or lacking in substance, the AEMC must—\n\t(a)\tmake a decision to that effect; and\n\t(b)\tgive the person or body its reasons, in writing, for that decision without delay.\n\t(5)\tIf the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non-controversial Rule or urgent Rule, are not misconceived or lacking in substance, the AEMC must publish a notice to the effect that it will make the relevant Rule in accordance with this Division (other than this section).\n96AA—Publication of final Rule determination for trial Rule\n\t(1)\tIf the AEMC considers that a request for a Rule is a request for a trial Rule, the AEMC may make the relevant Rule in accordance with this Division (except sections 98 to 101) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 10 weeks from the date of publication of the notice under section 95.\n\t(2)\tSections 96 and 96A do not apply to a request for a trial Rule.\n96A—\"Fast track\" Rules where previous public consultation by electricity market regulatory body or an AEMC review\n\t(a)\tan electricity market regulatory body has—\n\t(i)\tmade a request for the making of a Rule under section 91(1); and\n\t(ii)\tconsulted with the public on the nature and content of the request before making that request; or\n\t(b)\ta person or the MCE has made a request for the making of a Rule under section 91(1) on the basis of—\n\t(i)\ta recommendation for the making of a Rule contained in a MCE directed review; or\n\t(ii)\ta conclusion for the making of a Rule contained in an AEMC Rule review.\n\t(2)\tThe AEMC may take action under this Division in respect of the request without complying with section 95(2)(a) or 98 if it is of the opinion that—\n\t(a)\tin the case where the request has been made by an electricity market regulatory body in the circumstances described in subsection (1)(a)—the consultation conducted by the electricity market regulatory body was adequate, having regard to—\n\t(i)\tthe nature and content of that request; and\n\t(ii)\tthe kind of consultation conducted by the electricity market regulatory body;\n\t(b)\tin the case where the request has been made by a person or the MCE in the circumstances described in subsection (1)(b)—\n\t(i)\tthe request reflects, or is consistent with, the relevant recommendation contained in the MCE directed review or relevant conclusion in the AEMC Rule review (as the case requires); and\n\t(ii)\tthere was adequate consultation with the public by the AEMC on the content of the relevant recommendation or relevant conclusion during the MCE directed review or AEMC Rule review (as the case requires).\n\t(3)\tTo avoid doubt—\n\t(a)\tsection 94 applies to a request for the making of a Rule to which this section applies; and\n\t(b)\tsection 97 does not apply to a request for the making of a Rule to which this section applies.\n97—Right to make written submissions and comments\nAny person or body, within the period specified in a notice under section 95, may make a written submission or comment in relation to the proposed Rule to which the notice relates.\n98—AEMC may hold public hearings before draft Rule determination\n\t(1)\tThe AEMC may (but need not), at any time after publication of a notice under section 95 and before making a draft Rule determination, hold a hearing in relation to any proposed Rule.\n\t(2)\tNotice of a hearing held under this section must—\n\t(b)\tcontain the information prescribed by the Regulations (if any).\n99—Draft Rule determinations\n\t(1)\tThe AEMC must make a draft Rule determination before making a final Rule determination in relation to the proposed Rule.\n\t(1a)\tSubject to this Part, the AEMC must, within 10 weeks after the date specified in a notice under section 95, publish—\n\t(a)\tthe draft Rule determination; and\n\t(b)\tnotice of the making of the draft Rule determination.\n\t(1b)\tIn the case of a proposed Rule to which section 96A applies, the AEMC must publish the draft Rule determination and notice of the making of the draft Rule determination within 5 weeks after the date notice under section 95(1a) is published.\n\t(2)\tA draft Rule determination must contain—\n\t(a)\tthe reasons of the AEMC as to whether or not it should make the proposed Rule, including—\n\t(i)\tin the case where the proposed Rule is not a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national electricity objective; and\n\t(ii)\tin the case of a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national electricity objective than the market initiated Rule request to which the more preferable Rule relates; and\n\t(iii)\tif the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and\n\t(iv)\tthe reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\n\t(v)\tthe reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n\t(b)\tif the AEMC determines to make a Rule, a draft of the Rule to be made; and\n\t(c)\tany other matters that are prescribed by the Regulations.\n\t(3)\tThe draft of the Rule to be made need not be the same as the draft of the proposed Rule to which the notice under section 95 relates.\n\t(4)\tA notice referred to in subsection (1a) must—\n\t(a)\tinvite written submissions and comments from any person or body in relation to the determination within a period specified by the AEMC, being a period not less than 6 weeks from the date of publication of the notice; and\n\t(b)\tinclude a statement to the effect that any interested person or body may request, in writing within one week after the publication of the notice, the AEMC to hold a hearing in accordance with section 101; and\n\t(c)\tcontain any other information prescribed by the Regulations.\n100—Right to make written submissions and comments in relation to draft Rule determination\nAny person or body, within the period specified in a notice under section 99(1a)(b), may make a written submission or comment in relation to a draft Rule determination to which the notice relates.\n101—Pre-final Rule determination hearings\n\t(1)\tThe AEMC may (but need not), at any time after publication of a notice under section 99(1a)(b) and before making a final Rule determination, hold a hearing in relation to a draft Rule determination.\n\t(1a)\tIn addition, any person or body may request, in writing, within 1 week after the publication of a notice under section 99(1a)(b), the AEMC to hold a hearing in relation to a draft Rule determination.\n\t(2)\tDespite subsection (1), the AEMC may decide not to a hold a hearing in relation to a draft Rule determination.\n\t(2a)\tWithout limiting the reasons why the AEMC may decide not to hold a hearing in relation to a draft Rule determination, the AEMC may decide not to hold a hearing if—\n\t(a)\tthe person or body that requests the AEMC to hold a hearing does not make a written submission or comment in accordance with section 100; and\n\t(b)\tno other person or body requests the AEMC to hold a hearing.\n\t(3)\tIf the AEMC decides not to hold a hearing after a request under subsection (2), it must give the person or body that requested the hearing its reasons, in writing, for declining that person's or body's request.\n\t(4)\tIf the AEMC decides to hold a hearing, or agrees to hold a hearing after a request under subsection (1a), the AEMC must—\n\t(a)\tappoint a date (being not later than 3 weeks after the date of publication of the notice under section 99), time and place for the holding of the hearing; and\n\t(b)\tpublish a notice of that date, time and place.\n102—Final Rule determinations\n\t(1)\tSubject to section 102A, the AEMC must make a final Rule determination as to whether to make a proposed Rule.\n\t(1a)\tSubject to this Part, the AEMC must, within 6 weeks after the period for written submissions or comments in relation to the draft Rule determination ends, publish—\n\t(a)\tthe final Rule determination; and\n\t(b)\tnotice of the making of the final Rule determination.\n\t(2)\tA final Rule determination must contain—\n\t(a)\tthe reasons of the AEMC as to whether or not it should make a Rule, including—\n\t(i)\tin the case where the Rule to be made is not a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the Rule will or is likely to contribute to the achievement of the national electricity objective; and\n\t(ii)\tin the case where the Rule to be made is a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the more preferable Rule to be made will or is likely to better contribute to the achievement of the national electricity objective than the market initiated Rule request to which the more preferable Rule relates; and\n\t(iii)\tif the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and\n\t(iiia)\tif the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and\n\t(iv)\tthe reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\n\t(v)\tthe reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n\t(b)\tany other matters that are prescribed by the Regulations.\n\t(3)\tA notice referred to in subsection (1a) must contain the information prescribed by the Regulations.\n102A—Proposal to make more preferable Rule\n\t(1)\tIf, in view of the response to a draft Rule determination, the AEMC proposes to make a more preferable Rule, the AEMC may—\n\t(a)\tmake, and publish notice of, a draft Rule determination in respect of the proposed more preferable Rule; or\n\t(b)\tmake, and publish notice of, a final Rule determination for the proposed more preferable Rule.\n\t(2)\tThe final Rule determination, or further draft Rule determination, and the related notice, must be published within 6 weeks after the end of the period for submissions or comments on the earlier draft Rule determination.\n103—Making of Rule\n\t(1)\tSubject to this section, if the AEMC, in its final Rule determination, determines to make a Rule, the AEMC must make the relevant Rule as soon as practicable after the publication of the final Rule determination.\n\t(2)\tNotice of the making of the Rule must be published in the South Australian Government Gazette as soon as practicable after the making of the Rule.\n\t(3)\tThe Rule that is made in accordance with subsection (1) need not be the same as the draft of the proposed Rule to which a notice under section 95 relates or the draft of a Rule contained in a draft Rule determination.\n\t(4)\tIn the case of—\n\t(a)\ta participant derogation; or\n\t(b)\ta jurisdictional derogation where the request for the derogation specified a date on which the derogation will expire,\nthe AEMC must not make the derogation unless that derogation specifies a date on which it will expire.\n\t(5)\tThe AEMC must not make a trial Rule unless the date on which the Rule will expire (which must be no more than 5 years after the date on which the trial Rule commences operation) is specified in the Rule.\n104—Operation and commencement of Rule\nA Rule made under section 103 commences operation on the day the relevant notice is published in the South Australian Government Gazette or on any day after that day that is provided for in the relevant notice or the Rule.\n104A—Extension of trial Rule\n\t(1)\tSubject to this section, the AEMC may, on request, extend, by notice, the date on which a trial Rule will expire (the expiry date) to a later date, being a date that falls not more than the period prescribed by the Regulations after the expiry date.\n\t(2)\tBefore extending the expiry date of a trial Rule, the AEMC—\n\t(a)\tmust have regard to the innovative trial principles; and\n\t(b)\tmust consult with the AER; and\n\t(c)\tif the AEMC considers that the trial Rule, or the trial project to which the trial Rule relates, may impact on AEMO's operation of the national electricity system and national electricity market—must consult with AEMO; and\n\t(d)\tmay consult with any other person.\n\t(3)\tA request under subsection (1) must—\n\t(a)\tbe made to the AEMC at least 60 days before the expiry date; and\n\t(b)\tspecify the length of the extension required.\n\t(4)\tA notice under subsection (1) must—\n\t(b)\tspecify the later date referred to in subsection (1).\n\t(5)\tThe expiry date of a trial Rule may only be extended once under subsection (1).\n104B—AEMC may impose requirements on proponent of trial project on making trial Rule\n\t(1)\tThe AEMC may, in connection with making a trial Rule, by notice, impose requirements on a person or body that proposes to undertake the trial project (a proponent) to which the trial Rule relates.\n\t(2)\tWithout limiting subsection (1), the AEMC may impose a requirement that 1 or more reports be submitted to the AER in relation to the trial project.\n\t(3)\tA notice under subsection (1) must—\n\t(b)\tcomply with any other requirements prescribed by the Regulations.\n\t(4)\tA proponent to which requirements imposed under this section apply must comply with those requirements.\n\t(5)\tIf a proponent breaches subsection (4) and, as a result of the breach, the AER recommends that a trial Rule be revoked before the date on which the Rule will expire, the AEMC may—\n\t(a)\trevoke the trial Rule; or\n\t(b)\tvary or revoke a requirement imposed on the proponent, or impose further requirements on the proponent.\n104C—AEMC may revoke trial Rule on recommendation of AER\n\t(1)\tThe AEMC may, on the recommendation of the AER, revoke a trial Rule in accordance with this Part.\n\t(2)\tThis section is in addition to, and does not limit, section 104B.\n104D—Special provision for revocation of trial Rule\n\t(1)\tDivision 1 Subdivision 2, Division 3 and Division 4 do not apply to the revocation of a trial Rule by the AEMC under section 104B(5)(a) or 104C(1).\n\t(2)\tAs soon as practicable after revoking a trial Rule under section 104B(5)(a) or 104C(1), the AEMC must—\n\t(a)\tpublish notice of the revocation, specifying the date on which the revocation takes effect, on its website; and\n\t(b)\tpublish reasons for the revocation on its website.\n105—Rule that is made to be published on website and made available to the public\nOn publication of a notice in accordance with section 103(2), the AEMC must, without delay—\n\t(a)\tpublish the Rule on its website; and\n\t(b)\tmake copies of the Rule available to the public at its offices.\n106—Evidence of the National Electricity Rules\nA document purporting to be a copy of—\n\t(a)\tthe National Electricity Rules; or\n\t(b)\tthe initial National Electricity Rules; or\n\t(c)\tan amendment to the initial National Electricity Rules or the National Electricity Rules,\nendorsed with a certificate to which the seal of the AEMC has been duly affixed certifying the document is such a copy, is evidence that the document is such a copy.\nDivision 4—Miscellaneous provisions relating to Rule making by the AEMC\n107—Extensions of periods of time in Rule making procedure\n\t(1)\tDespite anything to the contrary in this Part, the AEMC may, by notice, extend a period of time specified in Division 3 if the AEMC considers that a request for a Rule raises issues of sufficient complexity or difficulty or there is a material change in circumstances such that it is necessary that the relevant period of time specified in Division 3 be extended.\n\t(2)\tA notice under subsection (1) must—\n\t(b)\tset out the period of time specified in Division 3 to be extended; and\n\t(c)\tspecify a new period of time to apply in the place of the period of time specified in Division 3.\n\t(2a)\tA notice under subsection (1) may be published at the same time as a notice under section 95.\n\t(3)\tThe AEMC may only extend a period of time under this section before the expiry of that time.\n107A—AEMC may extend period of time for making of final Rule determination for further consultation\n\t(a)\ta person or body raises an issue in—\n\t(i)\ta submission or comment in relation to a draft Rule determination; or\n\t(ii)\ta hearing held under section 98 or 101; and\n\t(b)\tthe AEMC considers the issue raised by the person or body requires further public consultation in relation to the proposed Rule or draft Rule determination.\n\t(2)\tDespite anything to the contrary in this Part and without limiting section 107, the AEMC may, by notice, extend the period of time specified in section 102 within which it must make a final Rule determination.\n\t(3)\tA notice under subsection (2) must—\n\t(b)\tspecify a new period of time to apply in the place of the period of time specified in section 102; and\n\t(c)\tspecify the issue on which the AEMC requires further public submissions and comments; and\n\t(d)\tinvite written submissions and comments from any person or body by the date specified in the notice.\n\t(4)\tThe new period of time must not have the effect of extending the relevant period of the time specified in section 102 by more than 4 weeks.\n\t(5)\tThe AEMC may only extend the period of time under this section before the expiry of the time specified in section 102.\n\t(6)\tAny person or body, within the period specified in a notice under subsection (2) may make a written submission or comment in relation to the issue specified in the notice.\n108—AEMC may publish written submissions and comments unless confidential\n\t(1)\tSubject to this section, the AEMC may publish any information in any written submission or comment given to it under this Part unless—\n\t(a)\tthe person or body who gave the information, claims, when giving it to the AEMC, that it contains confidential information; and\n\t(b)\tthe AEMC decides that the written submission or comment contains confidential information.\n\t(2)\tA written submission or comment given to the AEMC under this Part that has been claimed under this section to contain confidential information, and that the AEMC has decided contains confidential information, may be published if that information is omitted.\n\t(3)\tIf information is omitted from a published written submission or comment given to the AEMC under this Part as being confidential information, a note to that effect must be included in the submission or comment at the place in the submission or comment from which the information is omitted.\nSee also section 31 of this Law and section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n108A—AEMC must publicly report on Rules not made within 12 months of public notification of requests\n\t(a)\tpublishes a notice under section 95 in respect of a request for the making of a Rule; but\n\t(b)\tdoes not make a final Rule determination in respect of that request within 12 months after the publication of that notice (the report trigger date).\n\t(2)\tThe AEMC must prepare a report on the request as soon as practicable after the report trigger date.\n\t(3)\tA report prepared under this section must—\n\t(a)\tcontain the reasons why the final Rule determination has not been made within 12 months after the publication of the notice under section 95; and\n\t(b)\tspecify when the AEMC considers it will make the final Rule determination; and\n\t(c)\tbe published.\n108B—Subsequent rule making by AEMC\nNothing in Division 2 Subdivision 2 is to be taken to affect the power of the AEMC to make Rules (in accordance with this Law and the Regulations) for or with respect to any matter or thing referred to in section 34 and Schedule 1 to this Law (whether before or after Rules have been made under that Division).\nPart 8—Safety and security of the National Electricity System\n109—Definitions\nAEMO load shedding procedures means procedures developed under section 112;\njurisdictional load shedding guidelines means guidelines prepared under section 111;\nsensitive loads means the loads or classes of loads specified as such in jurisdictional load shedding guidelines.\n110—Appointment of jurisdictional system security coordinator\n\t(1)\tA Minister of this jurisdiction may, for the purposes of this Law and the Rules, appoint a person to be the jurisdictional system security coordinator for this jurisdiction.\n\t(2)\tAn appointment under subsection (1) must be in writing.\n\t(3)\tAEMO is eligible for appointment as a jurisdictional system security coordinator for 1 or more participating jurisdictions.\n\t(4)\tIn its capacity as a jurisdictional system security coordinator for a participating jurisdiction, AEMO is subject to direction by the Minister for the relevant jurisdiction with respect to—\n\t(a)\tjurisdictional load shedding guidelines; and\n\t(b)\tthe order in which loads are to be shed or restored; and\n\t(c)\tthe classification of loads as sensitive; and\n\t(d)\tthe sensitive loads that are not to be shed or restored without the Minister's approval.\n111—Jurisdictional system security coordinator to prepare jurisdictional load shedding guidelines\n\t(1)\tThe jurisdictional system security coordinator must, subject to the Rules, prepare, maintain, and if necessary, update guidelines in relation to the shedding, and restoration, of loads in this jurisdiction for—\n\t(a)\tthe purpose of enabling AEMO to maintain power system security; or\n\t(b)\treasons of public safety.\n\t(2)\tThe guidelines must specify—\n\t(a)\tloads or classes of loads as sensitive loads; and\n\t(b)\trequirements in relation to the shedding and restoration of loads that AEMO must comply with, in accordance with the Rules, in the event that it is necessary to do so for AEMO to maintain power system security, or for reasons of public safety.\n\t(3)\tThe guidelines must also specify the following lists—\n\t(a)\ta list of sensitive loads or classes of sensitive loads in this jurisdiction—\n\t(i)\tto be shed and restored and the order in which those loads are to be shed or restored in the event that it is necessary to do so for AEMO to maintain power system security, or for reasons of public safety; and\n\t(ii)\twhich must not be shed, or the restoration of which must not be prevented, without the prior approval of the jurisdictional system security coordinator; and\n\t(b)\ta list of loads or classes of loads (other than sensitive loads) to be shed and restored in this jurisdiction and the order in which those loads are to be shed or restored in the event that it is necessary to do so for AEMO to maintain power system security, or for reasons of public safety.\n\t(4)\tIf AEMO is not the jurisdictional system security coordinator, the coordinator must give a copy of the jurisdictional load shedding guidelines and any updated guidelines to AEMO.\n\t(5)\tThe jurisdictional load shedding guidelines must reflect the terms of any relevant agreement or determination about load shedding under section 115A.\n112—AEMO to develop load shedding procedures for each participating jurisdiction\n\t(1)\tAEMO must, in accordance with the Rules, develop, maintain, and if necessary, update procedures in relation to the manner in which loads or classes of loads (including sensitive loads) will be shed or restored—\n\t(a)\tin this jurisdiction in accordance with the jurisdictional load shedding guidelines; and\n\t(b)\tas between participating jurisdictions.\n\t(2)\tAEMO (if not the jurisdictional system security coordinator) must give to the jurisdictional system security coordinator a copy of the AEMO load shedding procedures, and any updated procedures, applicable to this jurisdiction.\n\t(3)\tThe procedures must be consistent with the relevant jurisdictional load shedding guidelines.\n113—Exchange of information\n\t(1)\tFor the purpose of enabling AEMO to maintain power system security, or for reasons of public safety, the relevant authorities may exchange information about loads and load shedding in the participating jurisdictions.\n\t(2)\tA relevant authority must pass on information about loads and load shedding to the Minister of a particular participating jurisdiction so far as the information may be necessary—\n\t(a)\tto enable the Minister—\n\t(i)\tto manage the safety and security of those parts of the national electricity system in the participating jurisdiction; or\n\t(ii)\tto manage the safety and security of a gas system in the participating jurisdiction; or\n\t(b)\tfor reasons of public safety.\n\t(3)\tThe Minister may give information received under subsection (2) to other Ministers or officials responsible for public safety, or power system or gas system safety or security, in a participating jurisdiction.\n\t(4)\tA person to whom information is disclosed under subsection (3) must not further disclose the information unless the further disclosure is to a Minister or officials responsible for public safety, or power system or gas system safety or security in a participating jurisdiction.\ninformation includes confidential information relating to loads or classes of loads given to AEMO by a Registered participant;\ninformation about loads and load shedding means information about—\n\t(a)\tloads and classes of loads in a particular participating jurisdiction; and\n\t(b)\tthe possibility or probability that the supply of electricity will prove insufficient to meet the loads or some other reason for load shedding may arise; and\n\t(c)\tthe loads to be shed in the event of insufficiency of supply or for any other reason in accordance with—\n\t(i)\tthe Rules; or\n\t(ii)\tjurisdictional load shedding guidelines; or\n\t(iii)\tAEMO load shedding procedures;\nrelevant authority means—\n\t(a)\tAEMO; or\n\t(b)\ta jurisdictional system security coordinator.\n114—AEMO to ensure maintenance of supply of sensitive loads\nAEMO must use its reasonable endeavours to ensure that the national electricity system (other than regulated stand‑alone power systems) is operated in a manner that maintains the supply to sensitive loads.\n115—Shedding and restoring of loads\n\t(1)\tSubject to subsection (2), if AEMO considers that it is necessary for loads to be shed in this jurisdiction to maintain power system security, or for reasons of public safety, AEMO may direct the shedding or restoration of loads (including sensitive loads) in this jurisdiction in accordance with the AEMO load shedding procedures developed for this jurisdiction.\n\t(2)\tAEMO must use reasonable endeavours to obtain the approval of the jurisdictional system security coordinator before directing the shedding, or preventing the restoration of, sensitive loads or a class of sensitive loads that the jurisdictional system security coordinator has listed in the jurisdictional load shedding guidelines as requiring the coordinator's approval before—\n\t(a)\tthose loads or classes of loads may be shed; or\n\t(b)\tthe restoration of those loads or classes of loads may be prevented.\n\t(3)\tThe jurisdictional system security coordinator must not unreasonably withhold the approval referred to in subsection (2).\n\t(4)\tSubsections (2) and (3) are inapplicable where AEMO is itself the jurisdictional system security coordinator.\n115A—Determination of customer load shedding arrangement\n\t(1)\tAEMO may, with the approval of the Minister of a participating jurisdiction, enter into an agreement with a Registered participant to determine the arrangements to apply to customer load shedding in the relevant participating jurisdiction where the available supply of electricity is, or is likely to become, less than sufficient for the reasonable requirements of the community.\n\t(2)\tIf AEMO is unable to reach agreement with a Registered participant about load shedding arrangements within 6 months after AEMO offers to enter into an agreement with the Registered participant for that purpose, the Minister may determine those arrangements.\n\t(3)\tThe Minister must, at least 14 days before arrangements take effect under subsection (2), give the Registered participant and AEMO written notice of the arrangements.\n\t(4)\tThe Minister may appoint a person to review and advise the Minister on any proposed arrangements under this section.\n\t(5)\tIn determining load shedding arrangements, the Minister must take into account the need to—\n\t(a)\tprotect the national electricity system; and\n\t(b)\tensure the safe and effective supply of electricity; and\n\t(c)\tensure that the available supply of electricity is fairly distributed to the community; and\n\t(d)\tincrease the available supply of electricity; and\n\t(e)\tregulate the use of the available supply of electricity, having regard to the needs of the community.\n\t(6)\tAEMO must publish any arrangements determined under this section on its website.\n116—Actions that may be taken to ensure safety and security of national electricity system\n\t(1)\tAEMO may, if it considers that it is necessary—\n\t(a)\tto maintain power system security; or\n\t(b)\tfor reasons of public safety,\ndirect a Registered participant, or authorise a person to direct a Registered participant, or subject to subsection (2), authorise a person, to take one or more relevant actions in accordance with the Rules.\n\t(2)\tA person authorised under subsection (1) must not take any relevant action unless the person has directed the Registered participant to take the action and the Registered participant has failed to take the action within a reasonable period.\n\t(2a)\tA direction under this section should, if practicable, be consistent with load shedding arrangements agreed or determined under section 115A.\n\t(3)\tAEMO does not incur any civil monetary liability for any relevant action taken by a Registered participant in accordance with a direction given by it under this section unless the direction is given in bad faith.\n\t(4)\tA person who directs a Registered participant to take a relevant action, or who takes a relevant action in accordance with an authorisation under subsection (1), does not incur any civil monetary liability for the action taken by the Registered participant or by the person unless the person gives the direction, or takes the relevant action, in bad faith.\n\t(5)\tA Registered participant does not incur any civil monetary liability for a relevant action taken in accordance with a direction given to it under this section unless that action is taken in bad faith\nrelevant action means—\n\t(a)\tto switch off, or re-route, a generator;\n\t(b)\tto call equipment into service;\n\t(c)\tto take equipment out of service;\n\t(d)\tto commence operation or maintain, increase or reduce active or reactive power output;\n\t(e)\tto shut down or vary operation;\n\t(f)\tto, in accordance with the Rules and any procedures made in accordance with the Rules in relation to load shedding, shed or restore load;\n\t(g)\tto do any other act or thing necessary to be done to maintain power system security or for reasons of public safety.\n117—AEMO to liaise with Minister of this jurisdiction and others during an emergency\n\t(1)\tAEMO must, if required to do so by reason, or as a result, of an emergency direction, liaise with—\n\t(a)\ta Minister or the jurisdictional system security coordinator of this jurisdiction; or\n\t(b)\tif the Minister or jurisdictional system security coordinator has nominated another person as the person with whom AEMO must liaise, that person.\nemergency direction means any direction given or issued, or order given, under or in accordance with any legislation of this jurisdiction, or instrument made under or for the purposes of that legislation, during an emergency in this jurisdiction.\n118—Obstruction and non-compliance\n\t(1)\tA person must not, without reasonable excuse, obstruct or hinder a person in the exercise of a power under section 116.\n\t(a)\tin the case of a natural person—$34 000;\n\t(b)\tin the case of a body corporate—$170 000.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n\t(2)\tA person must not, without reasonable excuse, fail to comply with a direction under section 116.\n\t(a)\tin the case of a natural person—$34 000;\n\t(b)\tin the case of a body corporate—$170 000.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\nPart 8AA—Orderly exit management\nDivision 1—Preliminary\n118AA—Definitions\naffiliate, of a Registered participant, means the following:\n\t(a)\ta related body corporate of the Registered participant;\n\t(b)\ta related entity of the Registered participant;\n\t(c)\ta person involved in a joint venture with—\n\t(i)\tthe Registered participant; or\n\t(ii)\tanother affiliate of the Registered participant;\nauthorised deposit‑taking institution means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;\ncontribution determination—see section 118AZB(1);\ncontribution order—see section 118AZC(1);\ndistribution network service provider has the meaning given by the Rules;\nearly closure proposal means—\n\t(a)\ta notice given to AEMO, after 31 December 2020, in accordance with the Rules that a Registered participant, registered as a Generator, expects a relevant generating unit to cease supplying electricity—\n\t(i)\tearlier than the expected closure date previously notified to AEMO; and\n\t(ii)\twithin 7 years of the date of the notice to AEMO; or\n\t(b)\tan application by a Registered participant for a notice exemption for a relevant generating unit;\nfinancial vehicle means the entity established by the Minister under section 118AS;\ngenerator payment instrument means a payment order made under section 118AY(1)(b);\nmandatory operation direction—see section 118AD(1);\nmandatory operation period—see section 118AD(2)(e);\nMinister means the Minister of the participating jurisdiction in which the relevant generating unit, to which an early closure proposal applies, is located;\nMOD generating unit means a relevant generating unit subject to a mandatory operation direction;\nnotice exemption means an exemption given to a Registered participant by the AER, in accordance with the Rules, from the requirement to notify AEMO of the intended closure date of a relevant generating unit at least 42 months before the intended closure date;\nOEM payments—see section 118AZC(1);\norderly exit management fund means the fund established by the financial vehicle in accordance with section 118AT;\npayment order means an order made under section 118AY(1);\nrelated body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth;\nrelated entity has the same meaning as in the Corporations Act 2001 of the Commonwealth;\nrelevant generating unit means a thermal power turbine and related plant used in the production of electricity that, in accordance with the Rules, is classified as a scheduled generating unit;\nRules obligations means the obligations imposed on a Registered participant by a Rule made under section 118AD(3)(c);\nvoluntary agreement means a voluntary agreement under section 118AH.\n118AB—Application of Part to jurisdiction\n\t(1)\tThis Part does not apply in a participating jurisdiction unless a regulation, made by the Governor of the participating jurisdiction acting on the recommendation of the Minister, is in force specifying for the jurisdiction—\n\t(a)\tthe date from which this Part applies; and\n\t(b)\tthe extent to which this Part applies; and\n\t(c)\tthe way the financial vehicle is to be established.\n\t(2)\tAn agreement made between the Minister and a Registered participant before this Part applies in the participating jurisdiction may be prescribed by a regulation made under this section as a voluntary agreement.\nDivision 2—Mandatory operation direction\n118AC—Generating units that may be subject to mandatory operation direction\nThe Minister may issue a mandatory operation direction for a relevant generating unit if the relevant Registered participant has submitted an early closure proposal for the unit.\n118AD—Mandatory operation direction\n\t(1)\tThe Minister may issue a mandatory operation direction requiring a Registered participant to operate 1 or more relevant generating units if the Minister is satisfied that giving the direction is necessary—\n\t(a)\tfor the national electricity system or a region within the national electricity system—\n\t(i)\tto maintain power system security; or\n\t(ii)\tto maintain system reliability; or\n\t(b)\tfor reasons of public safety.\n\t(2)\tA mandatory operation direction must be given in writing and include the following:\n\t(a)\tthe Registered participant to whom the direction applies;\n\t(b)\tthe relevant generating units to which the direction applies;\n\t(c)\tthe way the relevant generating units must be operated;\n\t(d)\tthe generating capacity that must be supplied by a relevant generating unit or a group of specified units;\n\t(e)\tthe period (a mandatory operation period) for which a relevant generating unit must be operated, being—\n\t(i)\tif the Registered participant submitted an early closure proposal for the generating unit prior to the commencement of this Part—a period of not more than 3 years after the closure date specified in the early closure proposal; or\n\t(ii)\tif the Registered participant submitted an early closure proposal for the generating unit after the commencement of this Part—a period ending no later than the expected closure date previously notified to AEMO;\n\t(f)\tthe date the mandatory operation period commences;\n\t(g)\tthe circumstances in which the Minister must consider amending the direction.\n\t(3)\tThe Rules may—\n\t(a)\tprescribe additional matters that must be included in a mandatory operation direction; and\n\t(b)\tprescribe the circumstances, or the types of circumstance, that may be specified under subsection (2)(g); and\n\t(c)\tprescribe obligations that must be complied with by a Registered participant who receives a mandatory operation direction; and\n\t(d)\tmake provision for the insurances that must be maintained in respect of a MOD generating unit; and\n\t(e)\tmake provision for the advice the Minister obtains from AEMO, including the following:\n\t(i)\tthe scope of advice;\n\t(ii)\tmatters that must be included in the advice;\n\t(iii)\tthe way the advice must be given.\n\t(4)\tBefore issuing a mandatory operation direction, the Minister—\n\t(a)\tmust obtain advice from AEMO on the following:\n\t(i)\tthe impact, or likely impact, of the closure of the relevant generating unit on—\n\t(A)\tthe security of the power system; and\n\t(B)\tthe reliability of the national electricity system;\n\t(ii)\talternatives to issuing the direction; and\n\t(b)\tmust be satisfied there are no reasonably practicable alternatives to issuing the direction; and\n\t(c)\tmay obtain advice from the AER in accordance with the Rules; and\n\t(d)\tmay obtain and consider other information the Minister considers to be relevant; and\n\t(e)\tmust give the Registered participant to whom the direction applies and the AER a draft of the proposed direction and an opportunity to comment on the proposed direction.\n\t(5)\tThe Minister is not required to consider a comment made more than the prescribed number of days after a draft of the proposed direction is given to the Registered participant and the AER under subsection (4)(e).\nmaintenance of system reliability includes managing the risk of low probability events that may have a high impact;\nprescribed number of days means—\n\t(a)\t20 business days; or\n\t(b)\tthe number of business days prescribed by the Rules.\n118AE—Registered participant must comply with mandatory operation direction\n\t(1)\tA Registered participant who receives a mandatory operation direction must comply with—\n\t(a)\tthe direction; and\n\t(b)\tthe Rules obligations.\n\t(2)\tA Registered participant does not incur liability for breach of contract, breach of confidence or another civil wrong by complying with a mandatory operation direction, including the Rules obligations.\n\t(3)\tDespite subsection (1), the Rules may prescribe—\n\t(a)\tcircumstances in which a Registered participant is not required to comply with a mandatory operation direction; and\n\t(b)\tthe information a Registered participant who is not required to comply with a mandatory operation direction must give the AER.\n118AF—Minister to make information public\n\t(1)\tThe Minister must, when issuing a mandatory operation direction, make the following information publicly available in accordance with the Rules:\n\t(a)\tthe reasons the Minister is satisfied, under section 118AD(1), that giving the direction is necessary;\n\t(b)\ta list of the energy projects considered before making the direction.\n\t(2)\tThe Minister must make the following information available in the way and at the time prescribed by the Rules:\n\t(a)\tthe advice received from AEMO under section 118AD(4)(a)(ii);\n\t(b)\tother information prescribed by the Rules.\nenergy project includes the following:\n\t(a)\tenergy generation projects;\n\t(b)\tenergy storage projects;\n\t(c)\tenergy transmission projects.\n118AG—AEMO to make information public\nAEMO must make the advice given to the Minister under section 118AD(4)(a)(i) publicly available within 60 days after the advice is given to the Minister.\n118AH—Voluntary agreement\n\t(1)\tBefore issuing a mandatory operation direction, the Minister must negotiate in good faith to seek agreement with the Registered participant for continued operation of the relevant generating units.\n\t(2)\tIf the Minister is satisfied, on reasonable grounds, that a Registered participant is not negotiating in good faith, the Minister may terminate the negotiations and issue a mandatory operation direction.\n\t(3)\tThe Minister does not fail to negotiate in good faith with a Registered participant only because the Minister takes 1 or more steps under section 118AD(4)—\n\t(a)\tbefore or during the negotiations; or\n\t(b)\twithout the knowledge of the Registered participant.\n\t(4)\tThe Minister must, within 28 days after entering into a voluntary agreement, make publicly available the Minister's reasons for entering into the agreement.\nSection 118AO requires a Registered participant to give certain information to the Minister and the AER at certain times, including at the direction of the Minister or the AER.\n118AI—Mandatory operation direction applies to affiliates\n\t(1)\tA mandatory operation direction, including the Rules obligations, applies to an affiliate of a Registered participant in the same way as the direction applies to the Registered participant if the affiliate provides services for 1 or more relevant generating units subject to the mandatory operation direction.\n\t(2)\tAn affiliate of a Registered participant provides services for a relevant generating unit if the affiliate supplies, contracts for or otherwise arranges the supply of the following for the operation or maintenance of the relevant generating unit:\n\t(a)\tfuel, equipment and other goods;\n\t(b)\tlabour, labour hire and other services.\n\t(3)\tAn affiliate of a Registered participant does not incur liability for breach of contract, breach of confidence or any other civil wrong, by complying with a mandatory operation direction, including the Rules obligations.\n118AJ—Amendment of mandatory operation direction\n\t(1)\tThe Minister may amend a mandatory operation direction by revoking the direction and issuing a new direction in accordance with section 118AD.\n\t(2)\tWhen issuing a new mandatory operation direction under this section, the Minister is not required to comply with section 118AD(4)(a) to (d), 118AF(1)(b) or (2) or 118AG.\n\t(3)\tThe Rules may make provision for matters to be included in a mandatory operation direction reissued under this section.\n118AK—Termination of mandatory operation direction\n\t(1)\tThe Minister may terminate a mandatory operation direction by giving the Registered participant subject to the direction and the AER written notice specifying—\n\t(a)\tthat the direction is terminated; and\n\t(b)\tthe date, not less than 3 months after the date of the notice, on which the termination takes effect.\n\t(2)\tThe Minister may terminate a mandatory operation direction—\n\t(a)\tby agreement with the Registered participant subject to the direction; or\n\t(b)\tif the Minister is satisfied, in accordance with the Rules, that effective compliance with the direction is no longer possible; or\n\t(c)\tif the Minister otherwise determines on reasonable grounds that the direction should be terminated; or\n\t(d)\tin circumstances prescribed by the Rules.\n\t(3)\tThe AER must, as soon as practicable after receiving a notice under subsection (1), publish the notice on its website.\n\t(4)\tA Registered participant is not entitled to compensation, other than as provided for in the Rules, because of the termination of a mandatory operation direction.\n118AL—Closure of generating unit after mandatory operation period\nImmediately after the mandatory operation period applying to a MOD generating unit ends or is terminated under section 118AK—\n\t(a)\tthe Registered participant that operates the generating unit must cease operating the generating unit; and\n\t(b)\tthe Registered participant's registration under section 12 in relation to the generating unit ends.\n118AM—Compliance with obligations after closure of generating unit\nA Registered participant who is or was subject to a mandatory operation direction must, in accordance with the Rules, keep in place arrangements to ensure the Registered participant can, on the closure of a MOD generating unit—\n\t(a)\tcomply with all of the Registered participant's obligations associated with the generating unit; and\n\t(b)\tmeet all liabilities associated with the generating unit including liabilities arising from closing the unit.\nDivision 3—Information and reporting\n118AN—AEMO and AER may disclose information\n\t(1)\tThe Minister may, for the purposes of this Part, direct AEMO and the AER to provide information and reports to the following:\n\t(a)\tthe Minister;\n\t(b)\teach other.\n\t(2)\tThe Minister may disclose information obtained under this Part to the AER.\n\t(3)\tAEMO and the AER are authorised to disclose information for the purposes of this Part.\n\t(4)\tAEMO may disclose information to the AER about the technical performance and reliability of a relevant generating unit subject to a mandatory operation direction.\n118AO—Information must be given to AER\n\t(1)\tA Registered participant must give the AER prescribed information as follows:\n\t(a)\tfor a Registered participant who submits an early closure proposal after the commencement of this Part—when submitting the early closure proposal;\n\t(b)\tfor a Registered participant who submitted an early closure proposal after 31 December 2020 and before the commencement of this Part—within 28 days after being directed by the Minister or the AER to provide the information.\n\t(2)\tSubsection (1)(a) does not apply to an early closure proposal for which the closure date is no more than 30 days earlier than the expected closure date previously notified to AEMO.\n\t(3)\tThe AER must—\n\t(a)\tgive a copy of the information received under this section to the Minister; and\n\t(b)\tin accordance with the Rules, give a copy of the information received under this section to AEMO.\n\t(4)\tThe Minister or the AER may direct a Registered participant to provide—\n\t(a)\tadditional prescribed information; or\n\t(b)\tan update of prescribed information previously provided to the AER.\n\t(5)\tA Registered participant who receives a direction under subsection (4) must provide the information to—\n\t(a)\tthe Minister; and\n\t(b)\tthe AER.\n\t(6)\tThe Rules may make provision for the way information must be provided under this section.\nprescribed information means information prescribed by the Rules.\nSubsections (1) and (5) are civil penalty provisions: See the definition of civil penalty provision in section 2AA(1).\n118AP—AER may request other information\n\t(1)\tThe AER may, by written notice, request a Registered participant to give the AER the following information:\n\t(a)\tinformation the AER reasonably requires for its functions under this Part;\n\t(b)\tother information prescribed by the Rules.\n\t(2)\tA notice under this section may—\n\t(a)\tbe given in the form determined by the AER; and\n\t(b)\tspecify the way in which the information must be given.\n\t(3)\tA Registered participant who receives a request under this section must comply with the request.\nSubsection (3) is a civil penalty provision: See the definition of civil penalty provision in section 2AA(1).\n118AQ—Information disclosure\n\t(1)\tWhen the Minister issues a mandatory operation direction, the Minister must publish a notice that includes the following information:\n\t(a)\tthe Registered participant to whom the direction was issued;\n\t(b)\tthe relevant generating units to which the notice applies;\n\t(c)\tthe way the relevant generating units must be operated;\n\t(d)\tthe generating capacity that must be supplied by the relevant generating units;\n\t(e)\tthe period for which the relevant generating units must be operated;\n\t(f)\tthe circumstances in which the Minister must consider amending the direction;\n\t(g)\tinformation prescribed by the Rules.\n\t(2)\tIf the Minister enters into a voluntary agreement the Minister must publish a notice containing information prescribed by the Rules.\n\t(3)\tA notice under this section must be published as follows:\n\t(a)\tin the Gazette;\n\t(b)\tin the other ways determined by the Minister.\n118AR—Annual performance report\n\t(1)\tA Registered participant subject to a mandatory operation direction must, in accordance with the Rules, prepare an annual report setting out the following:\n\t(a)\tthe Registered participant's compliance with the direction;\n\t(b)\tthe technical condition of each relevant generating unit to which the direction applies;\n\t(c)\tthe duration, scope and cost of forecast maintenance for each relevant generating unit to which the direction applies;\n\t(d)\tfinancial information prescribed by the Rules;\n\t(e)\tinformation, prescribed by the Rules, about the fuel used in each relevant generating unit;\n\t(f)\tother information prescribed by the Rules.\n\t(2)\tThe annual report prepared under this section must, as provided for in the Rules, be given to the following:\n\t(a)\tthe Minister;\n\t(b)\tthe AER;\n\t(c)\tthe financial vehicle.\nSubsections (1) and (2) are civil penalty provisions: See the definition of civil penalty provision in section 2AA(1).\nDivision 4—Financial matters\nSubdivision 1—Financial vehicle\n118AS—Establishment and functions of financial vehicle\n\t(1)\tThe Minister must, within a reasonable time after a regulation is made under section 118AB, establish the financial vehicle in the way prescribed by the regulation.\n\t(2)\tThe financial vehicle has the following functions:\n\t(a)\tfunctions set out in this Division;\n\t(b)\tfunctions prescribed by the Rules.\n\t(3)\tThe financial vehicle must act in a commercially reasonable and prudent way.\nSubdivision 2—Orderly exit management fund\n118AT—Establishment of orderly exit management fund\n\t(1)\tThe financial vehicle must establish a fund called the orderly exit management fund.\n\t(2)\tMoney in the orderly exit management fund must be paid into an account kept with an authorised deposit-taking institution.\n\t(3)\tThe Rules may make provision for or with respect to the administration of the orderly exit management fund.\n118AU—Payments into orderly exit management fund\nThe following money must be paid into the orderly exit management fund:\n\t(a)\tall money received by the financial vehicle under a contribution order or a generator payment instrument;\n\t(b)\tinterest paid on money in the fund;\n\t(c)\tall money appropriated by the Parliament of a participating jurisdiction, or advanced by the Treasurer of a participating jurisdiction, for payment into the fund;\n\t(d)\tall money borrowed by the financial vehicle;\n\t(e)\tother money required to be paid into the fund under the Regulations, the Rules or another law of a participating jurisdiction.\n118AV—Payments from orderly exit management fund\n\t(1)\tThe following payments may be made from the orderly exit management fund:\n\t(a)\tmoney required for the functions and obligations of the financial vehicle under this Part;\n\t(b)\tmoney required for the functions and obligations of AEMO and the AER under this Part;\n\t(c)\tmoney required to be paid from the fund by the Regulations, the Rules or another law of a participating jurisdiction.\n\t(2)\tIf, in the opinion of the financial vehicle, the orderly exit management fund contains more money than is required to make reasonably anticipated payments under subsection (1), the excess money in the fund must be—\n\t(a)\theld as a credit against future OEM payments; or\n\t(b)\ton the expiry of a mandatory operation direction—be returned to electricity consumers in the way provided for by the Rules.\n118AW—Payments where mandatory operation direction not made\n\t(1)\tThis section applies if the Minister is satisfied there is a reasonably practicable alternative to issuing a mandatory operation direction.\n\t(2)\tThe Minister may direct the financial vehicle to make payments from the orderly exit management fund to meet reasonable costs associated with the reasonably practicable alternative.\n\t(3)\tThe Rules may make provision for payments under this section.\nreasonably practicable alternative means the reasonably practicable alternative on which the Minister bases a decision to not issue a mandatory operation direction to a Registered participant.\n118AX—Payments where voluntary agreement made\nIf the Minister makes a voluntary agreement, the Minister may direct the financial vehicle to make payments from the orderly exit management fund in accordance with the agreement.\nSubdivision 3—Payments to and by MOD generators\n118AY—Ministerial order\n\t(1)\tFollowing the making of a mandatory operation direction, the Minister must, by 1 or more written orders made in accordance with the Rules, direct that the payments set out in the order—\n\t(a)\tbe made by the financial vehicle to a MOD generator; or\n\t(b)\tbe made—\n\t(i)\tby the financial vehicle to a MOD generator; and\n\t(ii)\tby a MOD generator to the financial vehicle.\n\t(2)\tA payment order may specify the payments a MOD generator is to receive for the following:\n\t(a)\tthe reasonable costs directly related to operating and maintaining the relevant MOD generating unit and, in accordance with the Rules, a fair margin on those costs;\n\t(b)\ta risk management margin, including risks associated with the relevant MOD generating unit being inoperable for 1 or more periods of time;\n\t(c)\tother costs prescribed by the Rules.\n\t(3)\tPayments for subsection (2) must be determined by the AER in accordance with the Rules.\n\t(4)\tThe Rules may make provision for the following:\n\t(a)\tthe period of time in which payments under a payment order must be made, including periods before or after the applicable mandatory operation period;\n\t(b)\tadditional matters to be dealt with in a payment order;\n\t(c)\tcircumstances in which the Minister must amend a payment order;\n\t(d)\tother matters that may be addressed in a generator payment instrument.\n\t(5)\tA MOD generator does not, by complying with a payment order, incur liability for breach of contract, breach of confidence or any other civil wrong.\n\t(6)\tA person subject to a payment order must comply with the order.\n\t(7)\tThe Minister may amend a payment order by revoking the order and making a new order.\nMOD generator means a Registered participant subject to a mandatory operation direction.\n118AZ—Excluded matter\nA generator payment instrument is, under the Corporations Act 2001 of the Commonwealth, section 5F(1)(d), declared, for that Act, Chapter 7, to be an excluded matter.\nSubdivision 4—Orderly exit management cost recovery mechanism\n118AZA—Orderly exit management contributions\n\t(1)\tThe orderly exit management contributions to be made by a distribution network service provider comprise—\n\t(a)\tamounts determined by the AER for payments under a payment order; and\n\t(b)\tamounts determined by the Minister for payments made—\n\t(i)\tto a Registered participant under a voluntary agreement; and\n\t(ii)\tunder section 118AW; and\n\t(c)\tamounts determined by the Minister to meet—\n\t(i)\tcosts incurred by AEMO and the AER for advice, assessments, determinations, information and reports and other functions under this Part; and\n\t(ii)\tthe financial vehicle's reasonable exercise of functions under this Part; and\n\t(d)\tamounts provided for in the Rules.\n\t(2)\tThe Rules may make provision for—\n\t(a)\tthe process the AER must follow when determining amounts for payments under a payment order; and\n\t(b)\tthe process the Minister must follow when determining amounts under subsection (1)(c).\n118AZB—Public notice of orderly exit management contributions\n\t(1)\tThe AER must, in accordance with section 118AZA, determine the orderly exit management contribution to be paid by a distribution network service provider (a contribution determination) for a financial year and make the determination publicly available—\n\t(a)\tby no later than the date prescribed by the Rules; or\n\t(b)\tif the Rules do not prescribe a date for paragraph (a)—at least 5 months before the beginning of the financial year for which the contribution is due.\n\t(2)\tThe Rules may provide for the process to be followed by the AER when making a contribution determination.\n\t(3)\tIf the AER does not make a contribution determination as required by subsection (1) the Minister may make the contribution determination and make it publicly available.\n\t(4)\tA contribution determination must be made publicly available as follows:\n\t(a)\tby publication in the Gazette;\n\t(b)\tin the other ways determined by the AER or the Minister.\n118AZC—Orderly exit management payments by distribution network service providers\n\t(1)\tThe financial vehicle may, by written order (a contribution order), direct a distribution network service provider to make payments to the orderly exit management fund (OEM payments) in accordance with the contribution determination applying to the distribution network service provider.\n\t(2)\tA contribution order must specify the following:\n\t(a)\tthe distribution network service provider required to make the OEM payments;\n\t(b)\tthe amount of each OEM payment;\n\t(c)\tthe date by which each OEM payment must be made;\n\t(d)\tthe way each OEM payment must be made;\n\t(e)\tthat each OEM payment must be made to the financial vehicle for payment into the orderly exit management fund;\n\t(f)\tmatters prescribed by the Rules.\n\t(3)\tThe Rules may provide for the way an OEM payment may be recovered by the financial vehicle from a distribution network service provider, including the period of time over which the payment may be recovered.\n\t(4)\tAn OEM payment is recoverable by the financial vehicle as a debt in a court of competent jurisdiction.\n118AZD—Cost recovery by distribution network service providers\nThe Rules may make provision for a distribution network service provider to—\n\t(a)\trecover the following from electricity consumers:\n\t(i)\tan amount equivalent to the OEM payments made by the distribution network service provider under section 118AZC;\n\t(ii)\tan amount payable under another law of a participating jurisdiction;\n\t(iii)\tan amount payable as a condition of a licence or authority held in a participating jurisdiction; and\n\t(b)\trefund an amount, or part of an amount, paid by electricity consumers.\nDivision 5—Miscellaneous\n118AZE—Minister not required to take certain actions before making mandatory operation direction\n\t(1)\tThe Minister is not required to comply with sections 118AD(4)(a) to (d), 118AF(2)(a) and 118AH before issuing a mandatory operation direction for a relevant generating unit if, on the application of this Part in the participating jurisdiction, there are less than 30 months before the expected early closure date of the generating unit.\n\t(2)\tThe Minister is not required to comply with section 118AH before issuing a mandatory operation direction for a relevant generating unit if—\n\t(a)\tthere are less than 30 months before the expected early closure date of the generating unit; and\n\t(b)\tthe Minister is of the opinion that the anticipated closure of the relevant generating unit represents an unacceptable risk to—\n\t(i)\tpower system security; or\n\t(ii)\tnational electricity system reliability.\nexpected early closure date, of a generating unit, means the early closure date for the generating unit as previously notified to AEMO in an early closure proposal.\n118AZF—No liability for enactment or operation of Part\nNo action, claim or demand lies, or may be made or allowed by or in favour of a person, against the Crown, the Minister or another person exercising functions under this Part, including a rule made under this Part, for or in relation to any damage, loss or injury sustained or alleged to be sustained because of—\n\t(a)\tthe enactment of this Part or its operation; or\n\t(b)\tanything done, or purporting to be done, under this Part or a rule made under this Part.\n118AZG—Review of Part\n\t(1)\tThe AEMC must periodically review this Part to determine whether the policy objectives of the Part remain valid and whether the terms of the Part remain appropriate for securing those objectives.\n\t(2)\tReviews under this section must consider the following matters:\n\t(a)\tthe contribution of the OEM framework to the orderly exit of generating units from the market;\n\t(b)\tthe contribution of the OEM framework to mitigating disruption in the market from the early exit of generating units from the market;\n\t(c)\toptions for improving the administrative efficiency of the OEM framework;\n\t(d)\tthe cost of the OEM framework;\n\t(e)\tmatters prescribed by the Rules.\n\t(3)\tReviews under this section are to be undertaken as follows:\n\t(a)\tthe first review must be undertaken as soon as possible after the period of 5 years from the commencement of this Part;\n\t(b)\teach subsequent review must commence 5 years after the commencement of the immediately preceding review.\n\t(4)\tA report on the outcome of each review is to be given to the MCE within 12 months after the commencement of the review.\n\t(5)\tEach member of the MCE from a mandatory operation jurisdiction must table a report under this section in each House of the jurisdiction's Parliament within 3 months after the report is given to the MCE.\n\t(6)\tWith the prior approval of the MCE, the AEMC may postpone a review, for a period of up to 5 years, if it is satisfied the review is unlikely to be of value.\nmandatory operation jurisdiction means a participating jurisdiction to which this Part applies;\nOEM framework means this Part and Rules made under this Part.\n118AZH—Consultation between NSW and ACT\nThe relevant Minister of New South Wales must consult with the relevant Minister of the Australian Capital Territory—\n\t(a)\tbefore seeking advice from AEMO under section 118AD(4)(a); and\n\t(b)\tbefore entering into a voluntary agreement or issuing a mandatory operation direction.\n","sortOrder":34},{"sectionNumber":"Part 8A","sectionType":"part","heading":"Smart metering services","content":"Part 8A—Smart metering services\nDivision 1—Interpretation\n118A—Definitions\nsmart meter assessment means an assessment of the costs and benefits, or operational performance, or both, of different smart metering infrastructure and other related technologies, including devices designed to enable direct load control;\nsmart metering infrastructure means infrastructure (and associated systems) associated with the installation and operation of remotely read electricity metering and communications, including interval meters designed to transmit data to, and receive data from, a remote locality;\nsmart meter trials means trials of smart metering infrastructure and other related technologies, including devices designed to enable direct load control.\nDivision 2—Ministerial pilot metering determinations\n118B—Ministerial pilot metering determinations\n\t(1)\tA Minister of a participating jurisdiction may make a determination that requires a regulated distribution system operator that earns most of its revenue from the provision of electricity network services provided by means of a distribution system situated partly or wholly in that participating jurisdiction to conduct smart meter trials or undertake a smart meter assessment (or both).\n\t(2)\tIn making a Ministerial pilot metering determination, the Minister must have regard to—\n\t(a)\tthe national electricity objective; and\n\t(b)\tany comments or submissions made to the Minister as part of the consultation conducted under section 118C.\n\t(3)\tA Ministerial pilot metering determination must specify the regulated distribution system operator, or the class of regulated distribution system operator to which the determination applies (the relevant operator or relevant operators).\n\t(4)\tWithout limiting subsection (1), a Ministerial pilot metering determination may—\n\t(a)\tspecify minimum standards of performance and service that must be met or investigated by the relevant operator or relevant operators in conducting smart meter trials;\n\t(b)\tspecify the nature and timing of the smart meter trials;\n\t(c)\tin relation to information derived from a smart meter trial or a smart meter assessment, require the relevant operator or relevant operators to—\n\t(i)\tsubject to any conditions specified in the determination, provide that information to a person specified in the determination; or\n\t(ii)\tmake such information publicly available.\n\t(5)\tA requirement of the kind referred to in subsection (4)(c) may require information that relates to a person—\n\t(a)\tbe provided to another person; or\n\t(b)\tbe made publicly available.\n\t(6)\tHowever, a requirement referred to in subsection (4)(c) must not require the relevant operator to make the information publicly available in a manner that identifies the person to whom the information relates unless the relevant operator has the written consent of the person to do so.\n\t(7)\tSubsection (6) does not apply to information that is in the public domain.\n118C—Consultation with interested persons required before making Ministerial pilot metering determination\nBefore making a Ministerial pilot metering determination, the Minister must consult with a person or body that the Minister considers has an interest in the determination.\nDivision 4—Provisions applicable to Ministerial smart metering determinations\n118F—Compliance with Ministerial smart metering determinations\n\t(1)\tA regulated distribution system operator must comply with a Ministerial smart metering determination that applies to the operator.\n\t(2)\tA regulated distribution system operator incurs, by complying with a Ministerial pilot metering determination, no liability for breach of contract, breach of confidence or any other civil wrong.\n118G—Minister of participating jurisdiction must consult with other participating jurisdiction Ministers\nA Minister of a participating jurisdiction must consult with the Ministers of the other participating jurisdictions before making a Ministerial smart metering determination.\n118H—Content of Ministerial smart metering determinations\nA Ministerial smart metering determination—\n\t(a)\tmay be of general or limited application;\n\t(b)\tmay differ according to differences in time, place and circumstances.\n118I—Publication and giving of Ministerial smart metering determinations\nAs soon as practicable after a Ministerial smart metering determination is made the determination—\n\t(a)\tmust be published in the South Australian Government Gazette; and\n\t(b)\tmust be given to—\n\t(i)\tevery regulated distribution system operator to which it applies; and\n\t(ii)\tthe AER; and\n\t(iii)\tthe AEMC.\n118J—When Ministerial smart metering determinations take effect\nA Ministerial smart metering determination has effect on and after the day specified in the determination for the period specified in the determination.\n118K—AEMC must publish Ministerial smart metering determination it receives on its website\nThe AEMC must publish a Ministerial smart metering determination on its website as soon as practicable after receiving it.\n","sortOrder":35},{"sectionNumber":"Part 9","sectionType":"part","heading":"Immunities","content":"Part 9—Immunities\n119—Immunity of AEMO and network service providers\n\t(1)\tAEMO or an officer or employee of AEMO does not incur any civil monetary liability for an act or omission in the performance or exercise, or purported performance or exercise, of a function or power of AEMO under this Law or the Rules unless the act or omission is done or made in bad faith or through negligence.\n\t(2)\tA network service provider or an officer or employee of a network service provider does not incur any civil monetary liability for an act or omission in the performance or exercise, or purported performance or exercise, of a system operations function or power unless the act or omission is done or made in bad faith or through negligence.\n\t(3)\tThe civil monetary liability for an act or omission of a kind referred to in subsection (1) or (2) done or made through negligence may not exceed the prescribed maximum amount.\n\t(4)\tThe Regulations may, for the purposes of subsection (3), without limitation—\n\t(a)\tprescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\n\t(b)\tprescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply;\n\t(c)\tprescribe the manner in which a maximum amount is to be divided amongst claimants.\n\t(5)\tAEMO or a network service provider may enter into an agreement with a person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.\n\t(6)\tThis section does not apply to any liability of an officer or employee of a body corporate to the body corporate.\nsystem operations function or power means a function or power prescribed as a system operations function or power.\n120—Immunity in relation to failure to supply electricity\n\t(1)\tA Registered participant or AEMO, or an officer or employee of a Registered participant or AEMO, does not incur any civil monetary liability for any partial or total failure to supply electricity unless the failure is due to an act or omission done or made by the Registered participant or AEMO, or the officer or employee of a Registered participant or AEMO, in bad faith or through negligence.\n\t(2)\tA Registered participant or AEMO may enter into an agreement with a person varying or excluding the operation of subsection (1) and, to the extent of that agreement, that subsection does not apply.\n\t(2A)\tSubsection (2) does not apply in relation to an agreement between a retailer, or a regulated distribution system operator, and a person who is a small customer within the meaning of the National Energy Retail Law.\n\t(3)\tThis section does not apply—\n\t(a)\tto AEMO or an officer or employee of AEMO in relation to an act or omission in the performance or exercise, or purported performance or exercise, of a function or power of AEMO under this Law or the Rules; or\n\t(b)\tto a network service provider or an officer or employee of a network service provider in relation to an act or omission in the performance or exercise, or purported performance or exercise, of a system operations function or power; or\n\t(c)\tto any liability of an officer or employee of a body corporate to the body corporate.\nsystem operations function or power has the same meaning as in section 119.\n120A—Immunity in relation to use of computer software\n\t(1)\tA protected person incurs no civil monetary liability for loss or damage suffered by a Registered participant or other person in consequence of the use of computer software to operate the national electricity market.\nprotected person means any of the following:\n\t(a)\tAEMO;\n\t(b)\tan officer, employee or agent of AEMO.\n120B—Immunity from liability—dispute resolution\n\t(1)\tA protected person incurs no civil monetary liability for an act or omission in the exercise of powers or functions related to dispute resolution under the Rules unless the act or omission is done or made in bad faith.\nprotected person means—\n\t(a)\ta person appointed under the Rules to manage and facilitate dispute resolution under or in relation to the Rules; or\n\t(b)\tan arbitrator, mediator or other person appointed to resolve disputes, or assist in dispute resolution, under or in relation to the Rules; or\n\t(c)\ta person or class of persons to which the protection of this section is extended by the Regulations.\n121—Immunity from personal liability of AEMC officials\n\t(1)\tNo personal liability attaches to an AEMC official for an act or omission in good faith in the performance or exercise, or purported performance or exercise of a function or power under this Law, the Regulations or the Rules.\n\t(2)\tA liability that would, but for subsection (1), lie against an AEMC official lies instead against the AEMC.\nAEMC official means—\n\t(a)\ta member of the AEMC;\n\t(b)\tthe chief executive of the AEMC;\n\t(c)\ta member of staff appointed by the AEMC.\n122—Immunity from personal liability of Reliability Panel\n\t(1)\tNo personal liability attaches to a person appointed to the Reliability Panel for an act or omission in good faith in the performance or exercise, or purported performance or exercise, of a function or power of the Reliability Panel under this Law, the Regulations or the Rules.\n\t(2)\tA liability that would, but for subsection (1), lie against a person appointed to the Reliability Panel lies instead against the AEMC.\n","sortOrder":36},{"sectionNumber":"Part 10","sectionType":"part","heading":"Access Disputes","content":"Part 10—Access Disputes\nDivision 1—Interpretation and application\n123—Definitions\ndispute hearing means a hearing conducted by the AER for the purpose of making an access determination;\nparty, in relation to an access dispute, has the meaning given by section 127.\n124—Part does not limit how disputes about access may be raised or dealt with\nThis Part is not to be taken to limit how a dispute about access to an electricity network service may be raised or dealt with.\nDivision 2—Notification of access dispute\n125—Notification of access dispute\n\t(1)\tSubject to this section, if a prospective network service user or network service user is unable to agree with a network service provider about 1 or more aspects of access to an electricity network service provided by means of, or in connection with—\n\t(a)\ta distribution system; or\n\t(b)\ta transmission system,\nowned, controlled or operated by that network service provider, the prospective network service user, network service user or network service provider may notify the AER, in writing, that an access dispute exists.\nAccess dispute is defined in section 2A.\n\t(2)\tA notification must be accompanied by the fee (if any) prescribed by the Regulations.\n\t(3)\tOn receiving a notification under subsection (1), the AER must notify, in writing, of the access dispute—\n\t(a)\tthe network service provider, if a prospective network service user or network service user (as the case requires) notified the AER of the access dispute under subsection (1);\n\t(b)\tthe prospective network service user or network service user (as the case requires), if the network service provider notified the AER of the access dispute under subsection (1).\n126—Withdrawal of notification\n\t(1)\tThe person who notified the AER of an access dispute under section 125(1) may withdraw that notification at any time before the AER makes an access determination in respect of that access dispute.\n\t(2)\tThe notification must be withdrawn by notice in writing.\n\t(3)\tIf the notification is withdrawn, it is taken for the purposes of this Part never to have been given.\n127—Parties to an access dispute\nThe parties to an access dispute are—\n\t(a)\tthe person notifying the AER of an access dispute under section 125(1); and\n\t(b)\ta person notified by the AER under section 125(3); and\n\t(c)\tif the AER is of the opinion that the resolution of the access dispute may involve requiring another person to do something—that other person; and\n\t(d)\tany other person who applies in writing to be made a party and is accepted by the AER as having a sufficient interest.\nDivision 3—Access determinations\n128—Determination of access dispute\n\t(1)\tUnless the AER terminates an access dispute under section 131, the AER must, subject to this Part and the Rules, make a determination on access by (as the case requires) the prospective network service user or network service user.\nA delegate of the AER may make the access determination. See section 17 of this Law and section 44AAH of the Competition and Consumer Act 2010 of the Commonwealth.\n\t(2)\tIn making an access determination the AER must comply with this Part and the Rules.\n\t(3)\tAn access determination must—\n\t(a)\tbe in writing; and\n\t(b)\tinclude a statement of reasons for making the determination; and\n\t(c)\tbe given to the parties without delay.\n\t(4)\tAn access determination has effect on and from the date specified in the determination.\n129—AER may require parties to mediate, conciliate or engage in an alternative dispute resolution process\n\t(1)\tThe AER may require the parties, in accordance with the Rules, to mediate, conciliate or engage in another alternative dispute resolution process for the purpose of resolving the access dispute.\n\t(2)\tA party must comply with a requirement under subsection (1).\n130—Access determination must give effect to network revenue or pricing determination\nThe AER must, in making an access determination, give effect to a network revenue or pricing determination—\n\t(a)\tapplying to the electricity network services provided, or to be provided, that are the subject of the access dispute; and\n\t(b)\tin effect at the time the determination is made,\n(even though that determination may not have been in force when notification of the access dispute was given).\n131—AER may terminate access dispute in certain cases\n\t(1)\tThe AER may at any time terminate an access dispute (without making an access determination) if the AER considers that—\n\t(a)\tthe notification of the access dispute was vexatious; or\n\t(b)\tthe subject matter of the dispute is trivial, misconceived or lacking in substance; or\n\t(c)\tthe party who notified the access dispute had, but did not avail itself of, an opportunity to engage in negotiations in good faith with the other party before that notification; or\n\t(d)\ta specified dispute termination circumstance has occurred.\n\t(2)\tSubject to section 133, the AER may also terminate an access dispute (without making an access determination) if the AER considers that the aspect of access about which there is a dispute is expressly or impliedly dealt with under an agreement between, as the case requires—\n\t(a)\tthe prospective network service user and network service provider;\n\t(b)\tthe network service user and network service provider.\nspecified dispute termination circumstance means a circumstance specified by the Rules as being a circumstance, the occurrence of which, entitles the AER to terminate an access dispute (without making an access determination).\n132—AER must terminate access dispute if there is genuine competition\nDespite anything to the contrary in this Part, the AER must terminate an access dispute (without making an access determination) if the AER considers that the electricity network service the subject of the dispute could be provided on a genuinely competitive basis by a person other than the network service provider or an associate of the provider.\n133—Restrictions on access determinations\n\t(1)\tThe AER must not make an access determination that—\n\t(a)\twould have the effect of preventing a network service user obtaining a sufficient amount of an electricity network service to be able to meet the network service user's reasonably anticipated requirements, measured at the time the access dispute was notified; or\n\t(b)\tsubject to subsection (2), is inconsistent with a connection agreement between the parties to the access dispute.\n\t(2)\tThe AER may make an access determination that is inconsistent with a connection agreement between the parties to the access dispute if the AER is of the opinion the connection agreement affects the quality and security of electricity network service being provided to another person.\nconnection agreement means an agreement between a network service provider and—\n\t(a)\tan owner, controller or operator of a generating system about the connection of that system to a transmission system or distribution system owned, controlled or operated by the network service provider; or\n\t(b)\ta person who purchases electricity supplied through a transmission system or distribution system owned, controlled or operated by the network service provider about the connection of that person's loads to that transmission system or distribution system; or\n\t(c)\tanother network service provider about the connection of transmission systems or distribution systems (as the case requires) owned, controlled or operated by the providers.\n134—Access determination need not require the provision of an electricity network service\nAn access determination may, but need not, require a network service provider to provide an electricity network service to a prospective network service user.\nDivision 4—Variation of access determinations\n135—Variation of access determinations\n\t(1)\tThe AER may vary an access determination on the application of any party to the determination. However, it cannot vary the final determination if any other party objects.\nIf the parties cannot agree on a variation, a new access dispute can be notified under section 125.\n\t(2)\tSection 133 applies to a variation under this section as if—\n\t(a)\tan access dispute arising out of the access determination had been notified when the application was made to the AER for the variation of the determination; and\n\t(b)\tthe variation were the making of an access determination in the terms of the varied determination.\nDivision 5—Compliance with access determinations\n136—Compliance with access determination\nA party to an access dispute in respect of which an access determination is made must comply with the access determination.\nDivision 6—Access dispute hearing procedure\n137—Hearing to be in private\n\t(1)\tSubject to subsection (2), a dispute hearing is to be in private.\n\t(2)\tIf the parties agree, a dispute hearing or part of a dispute hearing may be conducted in public.\n\t(3)\tThe AER may give written directions as to the persons who may be present at a dispute hearing that is conducted in private.\n\t(4)\tIn giving directions under subsection (3), the AER must have regard to the wishes of the parties and the need for commercial confidentiality.\n138—Right to representation\nIn a dispute hearing a party may appear in person or be represented by another person.\n139—Procedure of AER\n\t(1)\tIn a dispute hearing the AER—\n\t(a)\tis not bound by technicalities, legal forms or rules of evidence; and\n\t(b)\tmust act as speedily as a proper consideration of the access dispute allows, having regard to the need carefully and quickly to inquire into and investigate the access dispute and all matters affecting the merits, and fair settlement, of the access dispute; and\n\t(c)\tmay inform itself about any matter relevant to the access dispute in any way it thinks appropriate.\n\t(2)\tThe AER may determine the periods that are reasonably necessary for the fair and adequate presentation of the respective cases of the parties in the dispute hearing, and may require that the cases be presented within those periods.\n\t(3)\tThe AER may require evidence or argument to be presented in writing, and may decide the matters on which the AER will hear oral evidence or argument.\n\t(4)\tThe AER may determine that a dispute hearing is to be conducted by—\n\t(a)\ttelephone; or\n\t(b)\tclosed circuit television; or\n\t(c)\tany other means of communication.\n\t(5)\tThe Rules may make further provision about the procedure for the conduct of dispute hearings.\n140—Particular powers of AER in a hearing\n\t(1)\tThe AER may do any of the following things for the purpose of determining an access dispute:\n\t(a)\tgive a direction in the course of, or for the purpose of, a dispute hearing;\n\t(b)\thear and determine the access dispute in the absence of a party who has been given notice of the dispute hearing;\n\t(c)\tsit at any place;\n\t(d)\tadjourn to any time and place;\n\t(e)\trefer any matter to an independent expert and accept the expert's report as evidence.\n\t(2)\tThe AER may make an interim determination.\n141—Disclosure of information\n\t(1)\tThe AER may give an oral or written order to a person not to divulge or communicate to anyone else specified information that was given to the person in the course of an access dispute unless the person has the AER's permission.\n\t(2)\tA person must not, without reasonable excuse, refuse or fail to comply with an order under subsection (1).\n\t(a)\tin the case of a natural person—$3 400;\n\t(b)\tin the case of a body corporate—$17 000.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n142—Power to take evidence on oath or affirmation\n\t(1)\tThe AER may take evidence on oath or affirmation and for that purpose the AER may administer an oath or affirmation.\n\t(2)\tThe AER may summon a person to appear before the AER to—\n\t(a)\tgive evidence; or\n\t(b)\tproduce such documents (if any) as are referred to in the summons; or\n\t(c)\tgive evidence and produce such documents (if any) as are referred to in the summons.\n\t(3)\tThe powers in this section may be exercised only for the purposes of hearing and determining an access dispute.\n143—Failing to attend as a witness\nA person who is served, as prescribed by the Regulations, with a summons to appear as a witness before the AER must not, without reasonable excuse—\n\t(a)\tfail to attend as required by the summons; or\n\t(b)\tfail to appear and report himself or herself from day to day unless excused, or released from further attendance, by the AER.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n144—Failing to answer questions etc\n\t(1)\tA person appearing as a witness before the AER must not, without reasonable excuse—\n\t(a)\trefuse or fail to be sworn or to make an affirmation; or\n\t(b)\trefuse or fail to answer a question that the person is required to answer by the AER; or\n\t(c)\trefuse or fail to produce a document that he or she is required to produce by a summons under this Part served on him or her as prescribed by the Regulations.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n\t(2)\tIt is a reasonable excuse for the purposes of subsection (1) for a natural person to refuse or fail to answer a question or produce a document on the ground that the answer or the production of the document might—\n\t(a)\ttend to incriminate the person; or\n\t(b)\texpose the person to a criminal penalty.\n\t(3)\tSubsection (2) does not limit what is a reasonable excuse for the purposes of subsection (1).\n145—Intimidation etc\nA person must not—\n\t(a)\tthreaten, intimidate or coerce another person; or\n\t(b)\tcause or procure damage, loss or disadvantage to another person,\nbecause that other person—\n\t(c)\tproposes to produce, or has produced, documents to the AER; or\n\t(d)\tproposes to appear, or has appeared, as a witness before the AER.\nSee Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.\n146—Party may request AER to treat material as confidential\n\t(1)\tA party in a dispute hearing may—\n\t(a)\tinform the AER that, in the party's opinion, a specified part of a document contains confidential information; and\n\t(b)\trequest the AER not to give a copy of that part to another party.\n\t(2)\tOn receiving a request, the AER must—\n\t(a)\tinform the other party or parties that the request has been made and of the general nature of the matters to which the relevant part of the document relates; and\n\t(b)\task the other party or parties whether there is any objection to the AER complying with the request.\n\t(3)\tIf there is an objection to the AER complying with the request, the party objecting may inform the AER of the objection and of the reasons for it.\n\t(4)\tAfter considering—\n\t(a)\ta request; and\n\t(b)\tany objection; and\n\t(c)\tany further submissions that any party has made in relation to the request,\nthe AER may decide—\n\t(d)\tnot to give the other party or parties a copy of so much of the document as contains confidential information that the AER thinks should not be given; or\n\t(e)\tto give the other party or another specified party a copy of the whole, or part, of the part of the document that contains confidential information subject to a condition that the party give an undertaking not to disclose the information to another person except to the extent specified by the AER and subject to such other conditions as the AER determines.\n147—Costs\n\t(1)\tEach party is to bear its own costs in a dispute hearing except to the extent that an order under this section specifies otherwise.\n\t(2)\tAt any time, the AER may order that a party pay all or a specified part of the costs of another party in a dispute hearing.\n\t(3)\tThe AER may make an order under subsection (2) only if satisfied that it is fair to do so, having regard to—\n\t(a)\twhether a party has conducted itself in the dispute hearing in a way that unnecessarily disadvantaged another party by conduct such as—\n\t(i)\tfailing to comply with an order or direction of the AER without reasonable excuse;\n\t(ii)\tfailing to comply with this Law, the Regulations or the Rules;\n\t(iii)\tasking for an adjournment as a result of subparagraph (i) or (ii);\n\t(iv)\tcausing an adjournment;\n\t(v)\tattempting to deceive another party or the AER;\n\t(vi)\tvexatiously conducting an access dispute;\n\t(b)\twhether a party has been responsible for prolonging unreasonably the time taken to complete the dispute hearing;\n\t(c)\tthe relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law;\n\t(d)\tthe nature and complexity of the access dispute;\n\t(e)\tany other matter the AER considers relevant.\n\t(4)\tA party to whom an order made under subsection (2) is directed must comply with the order.\n\t(5)\tIf the AER considers that the representative of a party, rather than the party, is responsible for conduct described in subsection (3)(a) or (b), the AER may order that the representative in his or her own capacity compensate another party for any costs incurred unnecessarily.\n\t(6)\tBefore making an order under subsection (5), the AER must give the representative a reasonable opportunity to be heard.\n\t(7)\tA representative of a party to whom an order made under subsection (5) is directed must comply with the order.\n\t(8)\tIf the AER makes an order for costs before the end of an access dispute, the AER may require that the order be complied with before it continues with the proceeding.\n\t(9)\tIf the AER makes an order for costs, the AER may fix the amount of costs itself.\n\t(10)\tThis section applies to costs incurred by the parties in a dispute hearing even if the notification of the access dispute to which the dispute hearing relates is withdrawn.\n148—Outstanding costs are a debt due to party awarded the costs\nCosts that are payable under an order under section 147(4) or (7)—\n\t(a)\tare a debt due to the party to whom the AER has ordered that they be paid; and\n\t(b)\tmay be recovered by that party in a court of competent jurisdiction.\nDivision 7—Joint access dispute hearings\n149—Definition\nnominated dispute has the meaning given by section 150(2).\n150—Joint dispute hearing\n\t(a)\tthe AER is conducting 2 or more dispute hearings at a particular time; and\n\t(b)\t1 or more matters are common to the access disputes in relation to which the dispute hearings are being conducted.\n\t(2)\tThe AER may, by notice in writing, decide that it will hold a joint dispute hearing in respect of such of those access disputes (the nominated disputes) as are specified in the notice.\n\t(3)\tThe AER may do so only if it considers this would be likely to result in the nominated disputes being resolved in a more efficient and timely manner.\n151—Consulting the parties\n\t(1)\tBefore making a decision under section 150(2), the AER must give each party to each nominated dispute a notice in writing—\n\t(a)\tspecifying what the AER is proposing to do; and\n\t(b)\tinviting the party to make a written submission on the proposal to the AER within 10 business days after the notice is given.\n\t(2)\tThe AER must have regard to any submission so made in deciding whether to do so. The AER may have regard to any other matter it considers relevant.\n152—Constitution and procedure of AER for joint dispute hearings\nDivision 6 applies to the joint dispute hearing in a corresponding way to the way in which it applies to a particular dispute hearing.\n153—Record of proceedings etc\n\t(1)\tThe AER as constituted for the purposes of the joint dispute hearing may have regard to any record of the proceedings of the dispute of any nominated dispute.\n\t(2)\tThe AER as constituted for the purposes of the dispute hearing of each nominated dispute may, for the purposes of making an access determination in relation to the access dispute to which that hearing relates—\n\t(a)\thave regard to any record of the proceedings of the joint dispute hearing; and\n\t(b)\tadopt any findings of fact made by the AER as constituted for the purposes of the joint dispute hearing.\n","sortOrder":37},{"sectionNumber":"Div 8","sectionType":"division","heading":"Miscellaneous matters","content":"Division 8—Miscellaneous matters\n154—Correction of access determinations for clerical mistakes etc\nIf an access determination contains—\n\t(a)\ta clerical mistake; or\n\t(b)\tan error arising from an accidental slip or omission; or\n\t(c)\ta material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the determination; or\n\t(d)\ta defect in form,\nthe AER may correct the access determination.\n155—Subsequent network service provider bound by access determinations\n\t(1)\tAn access determination applies to every subsequent network service provider as if that subsequent network service provider were a party to the access dispute in respect of which the access determination was made.\nsubsequent network service provider means a network service provider (other than the network service provider to whom the access determination applies) who provides electricity network services by means of, or in connection with, the distribution system or transmission system used to provide the electricity network services—\n\t(a)\tthe subject of the access dispute; and\n\t(b)\tin respect of which the access determination was made.\n156—Regulations about the charges to be paid by parties to access dispute for AER's costs in dispute hearing\nThe Regulations may provide for the AER to—\n\t(a)\tcharge the parties to an access dispute for its costs in the access dispute; and\n\t(b)\tapportion those costs between the parties.\n","sortOrder":38},{"sectionNumber":"Part 11","sectionType":"part","heading":"General","content":"Part 11—General\n157—Preventing or hindering access\n\t(1)\tA person who is—\n\t(a)\ta regulated network service provider; or\n\t(b)\ta person who—\n\t(i)\tis a party to an agreement with a regulated network service provider relating to a regulated network service; or\n\t(ii)\tas a result of an access determination is entitled to a regulated network service; or\n\t(c)\tan associate of a regulated network service provider or a person referred to in paragraph (b),\nmust not engage in conduct for the purpose of preventing or hindering the access of another person to a regulated network service.\nSubsection (1) is a civil penalty provision.\n\t(2)\tFor the purposes of subsection (1), a person is deemed to engage in conduct for a particular purpose if—\n\t(a)\tthe conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and\n\t(b)\tthat purpose is or was a substantial purpose.\n\t(3)\tA person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances.\n\t(4)\tSubsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1).\n\t(a)\ta reference to engaging in conduct is a reference to doing or refusing to do any act, including refusing to supply a regulated network service or, without reasonable grounds, limiting or disrupting a regulated network service, or making, or giving effect to, a provision of, a contract or arrangement, arriving at, or giving effect to, a provision of, an understanding or requiring the giving of, or giving, a covenant;\n\t(b)\ta reference to refusing to do an act includes a reference to—\n\t(i)\trefraining (otherwise than inadvertently) from doing that act; or\n\t(ii)\tmaking it known that that act will not be done.\nregulated network service means a direct control network service or a negotiated network service.\n\t(7)\tSubsection (1) does not apply to conduct engaged in in accordance with an agreement, if the agreement was in force on 30 March 1995.\nAn example of conduct which may be prohibited if the requisite purpose is established is refusing to supply, or limiting or disrupting the supply of, a regulated network service to a network service user or prospective network service user for technical or safety reasons without reasonable grounds.\n158—Failure to make a decision under this Law or the Rules within time does not invalidate the decision\n\t(1)\tA decision (however described) made under this Law or the Rules by the AER, AEMC or AEMO after the expiry of the period of time specified by this Law or the Rules for the making of that decision is not to be taken to be an invalid decision only because the decision is not made within the specified period of time.\n\t(2)\tA decision to which subsection (1) applies takes effect on and from—\n\t(a)\tthe day it is made; or\n\t(b)\tif it specifies a date for operation or effect that is after the day it is made, that specified date.\n159—Penalty privilege\nIf an individual has a privilege against self-exposure to a penalty, other than for a criminal offence, the individual is not excused from doing any of the following on that ground:\n\t(a)\tproviding information under this Law, the Regulations or the Rules;\n\t(b)\tproducing a document under this Law, the Regulations or the Rules;\n\t(c)\tproviding evidence under this Law, the Regulations or the Rules;\n\t(d)\tanswering a question under this Law, the Regulations or the Rules.\n160—Court may grant relief from liability\nIf in any proceedings under this Law in which a person, other than a body corporate, may be liable for an offence or a civil penalty it appears to the Court that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person either wholly or partly from liability on such terms as the Court thinks fit.\n","sortOrder":39},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Subject matter for the National Electricity Rules","content":"Schedule 1—Subject matter for the National Electricity Rules\n(section 34)\nRegistration\n1\tThe registration of persons as Registered participants or otherwise for the purposes of this Law and the Rules, including the deregistration of such persons or suspension of such registrations.\n2\tThe exemption of persons from the requirement to be Registered participants.\n","sortOrder":40},{"sectionNumber":"3","sectionType":"section","heading":"Prudential requirements to be met by a person—","content":"3\tPrudential requirements to be met by a person—\n\t(a)\tbefore being registered as a Registered participant; and\n\t(b)\tas a Registered participant.\n4\tThe suspension of Registered participants from participation in the wholesale exchange operated and administered by AEMO.\nParticipant fees\n5\tThe determination of fees in respect of services provided to Registered participants, or statutory functions performed, by AEMO under this Law or the Rules, including the methodology to be applied to determine those fees.\n6\tThe imposition on Registered participants of fees referred to in item 5 and the method of payment and collection of those fees.\nRetailer Reliability Obligation\n","sortOrder":41},{"sectionNumber":"6A","sectionType":"section","heading":"Forecasting by AEMO for the purpose of the reliability obligation, including—","content":"6A\tForecasting by AEMO for the purpose of the reliability obligation, including—\n\t(a)\tthe timing, procedures and methodologies to be followed by AEMO for forecasting; and\n\t(b)\tthe information to be provided to AEMO for forecasting purposes; and\n\t(c)\tdetermining what constitutes a material reliability gap; and\n\t(d)\tprocesses for reviewing and updating forecasts; and\n\t(e)\tconsultation requirements; and\n\t(f)\treporting and publication requirements; and\n\t(g)\tthe requirement for, and content of, guidelines; and\n\t(h)\tthe role of the AER in the forecasting process.\n6B\tThe process for AEMO to request a reliability instrument.\n6C\tThe process for the AER to make a reliability instrument.\n6D\tCompliance and reporting obligations of liable entities.\n6E\tThe establishment and maintenance of a register of liable entities by the AER and the obligations of—\n\t(a)\tpersons to report matters to the AER for the purposes of the register; and\n\t(b)\tthe AER to notify liable entities on the register about the reliability obligations, including when the reliability obligations apply.\n","sortOrder":42},{"sectionNumber":"6F","sectionType":"section","heading":"The application of the Retailer Reliability Obligation to liable entities who are members of a corporate group.","content":"6F\tThe application of the Retailer Reliability Obligation to liable entities who are members of a corporate group.\n","sortOrder":43},{"sectionNumber":"6G","sectionType":"section","heading":"The imposition of a market liquidity obligation in relation to qualifying contracts and related matters, including—","content":"6G\tThe imposition of a market liquidity obligation in relation to qualifying contracts and related matters, including—\n\t(a)\tpersons to whom the obligation applies; and\n\t(b)\tthresholds for the application of the obligation; and\n\t(c)\tthe bids and offers the subject of the obligation; and\n\t(d)\twhen and how bids and offers are to be made available.\n6H\tThe exercise of the AER market liquidity obligation functions by the AER.\n6I\tThe establishment and administration of a voluntary book build process to facilitate the buying and selling of qualifying contracts.\n6J\tThe administration and exercise of the procurer of last resort function by AEMO, and related reporting.\n6K\tReporting, monitoring and enforcing compliance of the reliability obligation by the AER.\n6L\tTreatment of types of pre-existing contracts as qualifying contracts.\nWholesale exchange\n7\tThe setting of prices for electricity and services purchased through the wholesale exchange operated and administered by AEMO, including maximum and minimum prices.\n","sortOrder":44},{"sectionNumber":"8","sectionType":"section","heading":"The methodology and formulae to be applied in setting prices referred to in item 7.","content":"8\tThe methodology and formulae to be applied in setting prices referred to in item 7.\n9\tThe division of the national electricity market into regions for the purpose of the operation of the wholesale exchange operated and administered by AEMO.\nOperation of generation, transmission and distribution systems\n10\tThe disconnection of generating systems, transmission systems, distribution systems or other facilities or loads.\n11\tThe operation of generating systems, transmission systems, distribution systems or other facilities.\n12\tThe augmentation of transmission systems and distribution systems.\n13\tAccess to electricity services provided by means of transmission systems and distribution systems.\n14\tAccess to premises on which there are, and access to, generating systems or other facilities by owners, controllers or operators of transmission systems or distribution systems whose systems are connected to the generating systems or other facilities to test and inspect the generating systems or other facilities for the purpose of determining whether those generating systems or other facilities comply with the Rules.\n14A\tThe treatment of parts of a transmission system as forming part of a distribution system for the purposes of making a network revenue or pricing determination.\n14B\tThe treatment of parts of a distribution system as forming part of a transmission system for the purposes of making a network revenue or pricing determination.\nTransmission system revenue and pricing\n15\tThe regulation of revenues earned or that may be earned by owners, controllers or operators of transmission systems from the provision by them of services that are the subject of a transmission determination.\n16\t(1)\tThe regulation of prices charged or that may be charged by owners, controllers or operators of transmission systems for the provision by them of services that are the subject of a transmission determination.\n\t(2)\tThe regulation of prices that AEMO charges or may charge for the provision of shared transmission services.\n17\tPrinciples to be applied, and procedures to be followed, by the AER in exercising or performing an AER economic regulatory function or power relating to the making of a transmission determination.\n18\tThe assessment, or treatment, by the AER, of investment in transmission systems for the purposes of making a transmission determination.\n","sortOrder":45},{"sectionNumber":"19","sectionType":"section","heading":"The economic framework, mechanisms or methodologies to be applied by the AER for the purposes of item 18.","content":"19\tThe economic framework, mechanisms or methodologies to be applied by the AER for the purposes of item 18.\n20\tThe economic framework, mechanisms or methodologies to be applied or determined by the AER for the purposes of items 15 and 16 including (without limitation) the economic framework, mechanisms or methodologies to be applied or determined by the AER for the derivation of the revenue (whether maximum allowable revenue or otherwise) or prices to be applied by the AER in making a transmission determination.\n21\tThe regulatory asset base, for the purposes of making a transmission determination, of assets forming part of a transmission system owned, controlled or operated by a regulated transmission system operator, and of proposed new assets to form part of a transmission system owned, controlled or operated by a regulated transmission system operator, that are, or are to be, used in the provision of services that are the subject of a transmission determination.\n22\tThe determination by the AER, for the purpose of making a transmission determination with respect to services that are the subject of such a determination, of allowances for—\n\t(a)\tdepreciation; and\n\t(b)\toperating costs of a regulated transmission system operator; and\n\t(c)\tif the regulated transmission system operator is a corporation or other body corporate—\n\t(i)\tthe income tax payable by corporations; or\n\t(ii)\tamounts payable under a law of this jurisdiction or otherwise that are equivalent to income tax that would be payable by the operator if that operator were liable to pay income tax.\n23\tIncentives for regulated transmission system operators to make efficient operating and investment decisions including, where applicable, service performance incentive schemes.\n","sortOrder":46},{"sectionNumber":"24","sectionType":"section","heading":"The procedure for the making of a transmission determination by the AER, including—","content":"24\tThe procedure for the making of a transmission determination by the AER, including—\n\t(a)\tthe submission by the relevant service provider of a proposal to the AER relating to the revenue or prices to be regulated by the proposed transmission determination; or\n\t(b)\tthe publication of notices by the AER; and\n\t(c)\tthe making of submissions by the relevant service provider or any other person; and\n\t(d)\tthe holding of pre‑determination conferences; and\n\t(e)\tthe publication of draft and final determinations and the giving of reasons.\nIn this clause, a reference to the relevant service provider is a reference to the regulated transmission system operator to which the determination will apply or, if it will apply to AEMO (as provider of shared transmission services), to AEMO.\nDistribution system revenue and pricing\n25\tThe regulation of revenues earned or that may be earned by owners, controllers or operators of distribution systems from the provision by them of services that are the subject of a distribution determination.\n26\tThe regulation of prices (including the tariffs and classes of tariffs) charged or that may be charged by owners, controllers or operators of distribution systems for the provision by them of services that are the subject of a distribution determination.\n26A\tPrinciples to be applied, and procedures to be followed, by the AER in exercising or performing an AER economic regulatory function or power relating to the making of a distribution determination.\n26B\tThe assessment, or treatment, by the AER, of investment in distribution systems for the purposes of making a distribution determination.\n","sortOrder":47},{"sectionNumber":"26C","sectionType":"section","heading":"The economic framework, mechanisms or methodologies to be applied by the AER for the purposes of item 26B.","content":"26C\tThe economic framework, mechanisms or methodologies to be applied by the AER for the purposes of item 26B.\n26D\tThe economic framework, mechanisms or methodologies to be applied or determined by the AER for the purposes of items 25 and 26 including (without limitation) the economic framework, mechanisms or methodologies to be applied or determined by the AER for the derivation of the revenue (whether maximum allowable revenue or otherwise) or prices to be applied by the AER in making a distribution determination.\n26E\tThe regulatory asset base, for the purposes of making a distribution determination, of assets forming part of a distribution system owned, controlled or operated by a regulated distribution system operator, and of proposed new assets to form part of a distribution system owned, controlled or operated by a regulated distribution system operator, that are, or are to be, used in the provision of services that are the subject of a distribution determination.\n26F\tThe determination by the AER, for the purpose of making a distribution determination with respect to services that are the subject of such a determination, of allowances for—\n\t(a)\tdepreciation; and\n\t(b)\toperating costs of a regulated distribution system operator; and\n\t(c)\tif the regulated distribution system operator is a corporation or other body corporate—\n\t(i)\tthe income tax payable by corporations; or\n\t(ii)\tamounts payable under a law of this jurisdiction or otherwise that are equivalent to income tax that would be payable by the operator if that operator were liable to pay income tax.\n26G\tIncentives for regulated distribution system operators to make efficient operating and investment decisions including, where applicable, service performance incentive schemes.\n","sortOrder":48},{"sectionNumber":"26H","sectionType":"section","heading":"The procedure for the making of a distribution determination by the AER, including—","content":"26H\tThe procedure for the making of a distribution determination by the AER, including—\n\t(a)\tthe submission to the AER, by a regulated distribution system operator, of a proposal relating to the revenues or prices to be regulated by a distribution determination applying to the operator; and\n\t(b)\tthe publication of notices by the AER; and\n\t(c)\tthe making of submissions, including by the regulated distribution system operator to whom the distribution determination will apply; and\n\t(d)\tthe publication of draft and final determinations and the giving of reasons; and\n\t(e)\tthe holding of pre-determination conferences.\nRegulatory economic methodologies\n26I\tThe regulatory economic methodologies (including the use of the methodology known as the \"building block approach\") to be applied by the AER in—\n\t(a)\tmaking a distribution determination or transmission determination; or\n\t(b)\tamending a distribution determination or transmission determination; or\n\t(c)\tmaking an access determination.\n","sortOrder":49},{"sectionNumber":"26J","sectionType":"section","heading":"The methodology known as \"total factor productivity\"—","content":"26J\tThe methodology known as \"total factor productivity\"—\n\t(a)\tas a regulatory economic methodology to be applied by the AER for the purpose of—\n\t(i)\tmaking a distribution determination or transmission determination; or\n\t(ii)\tamending a distribution determination or transmission determination; or\n\t(iii)\tmaking an access determination;\n\t(b)\tas an economic regulatory tool to inform and assist the AER in applying, or analysing the application of the regulatory economic methodology known as the \"building block approach\" by the AER for the purpose of—\n\t(i)\tmaking a distribution determination or transmission determination; or\n\t(ii)\tamending a distribution determination or transmission determination; or\n\t(iii)\tmaking an access determination.\nElectricity network services\n26K\tTerms and conditions for the provision of electricity network services, or any class of electricity network services (including shared transmission services).\nSale and supply of electricity to retail customers\n26L\tCredit support arrangements between regulated distribution system operators and retailers, including the financial obligations of regulated distribution system operators and retailers to support the sale and supply of electricity to retail customers.\n26M\tCharges for the provision of connection services.\nMetering\n27\tThe metering of electricity to record the production or consumption of electricity.\n28\tThe registration of metering installations used to meter electricity.\n29\tThe regulation of persons providing metering services relating to the metering of electricity.\nDisputes in relation to the Rules\n30\tDisputes under or in relation to the Rules between persons, including—\n\t(a)\tthe appointment of persons to arbitrate, mediate or assist in some other way in the resolution of such disputes;\n\t(b)\tthe appointment of a person to manage and facilitate the dispute resolution process (without however derogating from that person's power to act personally as an arbitrator or mediator in a particular dispute);\n\t(c)\tthe procedure for the conduct of such disputes;\n\t(d)\tthe provision for appeals on questions of law against decisions of persons appointed to resolve such disputes.\nAccess disputes\n30A\tSpecification of disputes as access disputes for the purposes of Part 10.\n30B\tNotification of access disputes for the purposes of Part 10.\n30C\tMatters or things to be considered or applied by the AER in making an access determination.\n30D\tProcedure for the hearing of an access dispute under Part 10.\nAEMO\n30E\tThe declared network functions.\n30F\tThe application (with or without modification) of Rules, applicable to network service providers, to regulated transmission system operators, or to AEMO in its capacity as a provider of transmission services.\nNational transmission planning\n","sortOrder":50},{"sectionNumber":"30G","sectionType":"section","heading":"The preparation, revision and publication of the National Transmission Network Development Plan.","content":"30G\tThe preparation, revision and publication of the National Transmission Network Development Plan.\n","sortOrder":51},{"sectionNumber":"30H","sectionType":"section","heading":"The attainment of a national strategic perspective for transmission planning and coordination.","content":"30H\tThe attainment of a national strategic perspective for transmission planning and coordination.\n30I\tThe establishment and maintenance of a database of information relevant to planning the development of the national grid and the provision of public access to the database.\n30J\tThe collection of information required for the preparation or revision of the National Transmission Network Development Plan.\nEnergy Consumers Australia\n30K\tEnergy Consumers Australia (including provisions for its funding).\nMiscellaneous\n31\tThe calculation or estimation of use of electricity.\n32\tProcedures and related systems for the electronic exchange or transfer of information that relates to consumers of electricity, the provision of metering services and connection to the national electricity system, and requiring compliance with such procedures and use of such related systems.\n33\tReviews by or on behalf of—\n\t(a)\tthe AER, the AEMC or AEMO; or\n\t(b)\tthe Reliability Panel or any other panel or committee established by the AEMC; or\n\t(c)\tany other body established, or person appointed, in accordance with the Rules.\n","sortOrder":52},{"sectionNumber":"34","sectionType":"section","heading":"The payment of money (including the payment of interest)—","content":"34\tThe payment of money (including the payment of interest)—\n\t(a)\tfor the settlement of transactions for electricity or services purchased or supplied through the wholesale exchange operated and administered by AEMO;\n\t(b)\tto and from a Rule fund within the meaning of section 55;\n\t(c)\tfor any service provided under the Rules in respect of which the Rules require payment.\n34A\tSpecification and classification of electricity network services as direct control network services or negotiated network services.\n","sortOrder":53},{"sectionNumber":"34B","sectionType":"section","heading":"Reporting and disclosing information to the AER.","content":"34B\tReporting and disclosing information to the AER.\n","sortOrder":54},{"sectionNumber":"34C","sectionType":"section","heading":"Consultation by the AER—","content":"34C\tConsultation by the AER—\n\t(a)\ton the making of a general regulatory information order;\n\t(b)\tbefore the preparation of a network service provider performance report.\n35\tConfidential information held by Registered participants, the AER, the AEMC, AEMO and other persons or bodies conferred a function, or exercising a power or right, or on whom an obligation is imposed, under the Rules, and the manner and circumstances in which that information may be disclosed.\n35A\tAny matter or thing necessary or expedient for the purposes of compliance with, or implementation of, the CDR provisions relating to a designated energy sector.\n36\tAny other matter or thing that is the subject of, or is of a kind dealt with by, a provision of the National Electricity Code as in operation and effect immediately before the commencement of section 12 of the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia.\n36A\tAny other matter or thing that is the subject of, or is of a kind dealt with by, a provision of the superseded jurisdictional rules.\n","sortOrder":55},{"sectionNumber":"37","sectionType":"section","heading":"Any matter or thing relating to electricity prescribed by the Regulations.","content":"37\tAny matter or thing relating to electricity prescribed by the Regulations.\nSchedule 2—Miscellaneous provisions relating to interpretation\n(section 3)\n1—Displacement of Schedule by contrary intention\n\t(1)\tThe application of this Schedule to this Law, the Regulations or other statutory instrument (other than the National Electricity Rules) may be displaced, wholly or partly, by a contrary intention appearing in this Law or the Regulations or that statutory instrument.\n\t(2)\tThe application of this Schedule to the National Electricity Rules (other than clauses 7, 12, 15, 17, 19, 23 to 26 and 31 to 34, 39, 42 and 43 of this Schedule) may be displaced, wholly or partly, by a contrary intention appearing in the National Electricity Rules.\nPart 2—General\n2—Law to be construed not to exceed legislative power of Legislature\n\t(1)\tThis Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.\n\t(2)\tIf a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction—\n\t(b)\tthe remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n\t(3)\tWithout limiting subclause (2), this Law is not to be construed as imposing any duty on the Tribunal or AER to perform a function or exercise a power if the imposition of the duty would be in excess of the legislative power of the Legislature of this jurisdiction.\nThe term \"function\" is defined in clause 10 to include \"duty\".\n\t(4)\tIn particular, if a provision of this Law appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty—\n\t(a)\tis within the legislative powers of this jurisdiction; and\n\t(b)\tis consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body.\n\t(4a)\tTo avoid doubt, a provision of this Law does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would—\n\t(a)\tcontravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or\n\t(b)\totherwise exceed the legislative powers of this jurisdiction.\n\t(4b)\tIf imposing on the Commonwealth officer or body the duty to do that thing would—\n\t(a)\tcontravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or\n\t(b)\totherwise exceed the legislative powers of both the State and the Commonwealth,\nthe provision of this Law is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require).\n\t(5)\tThis clause does not limit the effect that a provision of this Law would validly have apart from this clause.\n2A—Changes of drafting practice not to affect meaning\nDifferences of language between provisions of this Law or the Rules may be explicable by reference to changes of legislative drafting practice and do not necessarily imply a difference of meaning.\n3—Every section to be substantive enactment\nEvery section of this Law has effect as a substantive enactment without introductory words.\n4—Material that is, and is not, part of Law\n\t(1)\tThe heading to a Chapter, Part, Division or Subdivision into which this Law is divided is part of this Law.\n\t(2)\tA Schedule to this Law is part of this Law.\n\t(3)\tA heading to a section or subsection of this Law does not form part of this Law.\n\t(4)\tA note at the foot of a provision of this Law does not form part of this Law.\n\t(5)\tAn example (being an example at the foot of a provision of this Law under the heading \"Example\" or \"Examples\") does not form part of this Law.\n5—References to particular Acts and to enactments\n\t(a)\tan Act of this jurisdiction may be cited—\n\t(ii)\tin another way sufficient in an Act of this jurisdiction for the citation of such an Act; and\n\t(b)\ta Commonwealth Act may be cited—\n\t(ii)\tin another way sufficient in a Commonwealth Act for the citation of such an Act,\ntogether with a reference to the Commonwealth; and\n\t(c)\tan Act of another jurisdiction may be cited—\n\t(ii)\tin another way sufficient in an Act of the jurisdiction for the citation of such an Act,\ntogether with a reference to the jurisdiction.\n6—References taken to be included in Act or Law citation etc\n\t(1)\tA reference in this Law to an Act includes a reference to—\n\t(a)\tthe Act as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif the Act has been repealed and re enacted (with or without modification) since the enactment of the reference, the Act as re enacted, and as amended from time to time since its re enactment.\n\t(2)\tA reference in this Law to a provision of this Law or of an Act includes a reference to—\n\t(a)\tthe provision as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif the provision has been omitted and re enacted (with or without modification) since the enactment of the reference, the provision as re enacted, and as amended from time to time since its re enactment.\n\t(3)\tSubclause (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n7—Interpretation best achieving Law's purpose\n\t(1)\tIn the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\n\t(2)\tSubclause (1) applies whether or not the purpose is expressly stated in this Law.\n8—Use of extrinsic material in interpretation\nLaw extrinsic material means relevant material not forming part of this Law, including, for example—\n\t(a)\tmaterial that is set out in the document containing the text of this Law as printed by authority of the Government Printer of South Australia; and\n\t(b)\ta relevant report of a committee of the Legislative Council or House of Assembly of South Australia that was made to the Legislative Council or House of Assembly of South Australia before the provision was enacted; and\n\t(c)\tan explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Legislative Council or House of Assembly of South Australia by the member bringing in the Bill before the provision was enacted; and\n\t(d)\tthe speech made to the Legislative Council or House of Assembly of South Australia by the member in moving a motion that the Bill be read a second time; and\n\t(e)\tmaterial in the Votes and Proceedings of the Legislative Council or House of Assembly of South Australia or in any official record of debates in the Legislative Council or House of Assembly of South Australia; and\n\t(f)\ta document that is declared by the Regulations to be a relevant document for the purposes of this clause;\nordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law;\nRule extrinsic material means—\n\t(a)\ta draft Rule determination; or\n\t(b)\ta final Rule determination; or\n\t(c)\tany document (however described)—\n\t(i)\trelied on by the AEMC in making a draft Rule determination or final Rule determination; or\n\t(ii)\tadopted by the AEMC in making a draft Rule determination or final Rule determination.\n\t(2)\tSubject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to Law extrinsic material capable of assisting in the interpretation—\n\t(a)\tif the provision is ambiguous or obscure, to provide an interpretation of it; or\n\t(b)\tif the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable, to provide an interpretation that avoids such a result; or\n\t(c)\tin any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\n\t(2a)\tSubject to subclause (3), in the interpretation of a provision of the Rules, consideration may be given to Law extrinsic material or Rules extrinsic material capable of assisting in the interpretation—\n\t(a)\tif the provision is ambiguous or obscure, to provide an interpretation of it; or\n\t(b)\tif the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable, to provide an interpretation that avoids such a result; or\n\t(c)\tin any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\n\t(3)\tIn determining whether consideration should be given to Law extrinsic material or Rule extrinsic material, and in determining the weight to be given to Law extrinsic material or Rule extrinsic material, regard is to be had to—\n\t(a)\tthe desirability of a provision being interpreted as having its ordinary meaning; and\n\t(b)\tthe undesirability of prolonging proceedings without compensating advantage; and\n\t(c)\tother relevant matters.\n9—Compliance with forms\n\t(1)\tIf a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\n\t(2)\tIf a form prescribed or approved by or for the purpose of this Law requires—\n\t(a)\tthe form to be completed in a specified way; or\n\t(b)\tspecified information or documents to be included in, attached to or given with the form; or\n\t(c)\tthe form, or information or documents included in, attached to or given with the form, to be verified in a specified way,\nthe form is not properly completed unless the requirement is complied with.\nPart 3—Terms and references\n10—Definitions\nAct means an Act of the Legislature of this jurisdiction;\naffidavit, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise;\namend includes—\n\t(a)\tomit or omit and substitute; or\n\t(b)\talter or vary; or\n\t(c)\tamend by implication;\nappoint includes re appoint;\nbreach includes fail to comply with;\nbusiness day means a day that is not—\n\t(a)\ta Saturday or Sunday;\n\t(b)\tobserved as a public holiday on the same day in each of the participating jurisdictions (except the Commonwealth);\ncalendar month means a period starting at the beginning of any day of one of the 12 named months and ending—\n\t(a)\timmediately before the beginning of the corresponding day of the next named month; or\n\t(b)\tif there is no such corresponding day, at the end of the next named month;\ncalendar year means a period of 12 months beginning on 1 January;\ncommencement, in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation;\nconfer, in relation to a function, includes impose;\ncontravene includes fail to comply with;\ndefinition means a provision of this Law (however expressed) that—\n\t(a)\tgives a meaning to a word or expression; or\n\t(b)\tlimits or extends the meaning of a word or expression;\ndocument includes—\n\t(a)\tany paper or other material on which there is writing; or\n\t(b)\tany paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or\n\t(c)\tany disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device);\nestate includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity;\nexpire includes lapse or otherwise cease to have effect;\nfail includes refuse;\nfinancial year means a period of 12 months beginning on 1 July;\nfunction includes duty;\nGazette means the Government Gazette of this jurisdiction;\ninstrument includes a statutory instrument;\ninterest, in relation to land or other property, means—\n\t(a)\ta legal or equitable estate in the land or other property; or\n\t(b)\ta right, power or privilege over, or in relation to, the land or other property;\nmake includes—\n\t(a)\tissue or grant; and\n\t(b)\trevoke and substitute;\nminor means an individual who is under 18;\nmodification includes addition, omission or substitution;\nmonth means a calendar month;\nnamed month means one of the 12 months of the year;\nnumber means—\n\t(a)\ta number expressed in figures or words; or\n\t(b)\ta letter; or\n\t(c)\ta combination of a number so expressed and a letter;\noath, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise;\noffice includes position;\nomit, in relation to a provision of this Law or an Act, includes repeal;\nparty includes a body politic or body corporate as well as an individual;\npenalty includes a civil penalty, forfeiture or punishment;\nperson includes a body politic or body corporate as well as an individual;\npower includes authority;\nprescribed means prescribed by the Regulations;\nprinted includes typewritten, lithographed or reproduced by any mechanical means;\nproceeding means a legal or other action or proceeding;\nproperty means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action;\nprovision, in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act, and includes—\n\t(a)\ta Part, Division, Subdivision, section, subsection, paragraph, subparagraph, subsubparagraph or Schedule of or to this Law or the Act; or\n\t(b)\ta section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act; or\n\t(c)\tthe long title and any preamble to the Act;\nrecord includes information stored or recorded by means of a computer;\nrepeal includes—\n\t(a)\trevoke or rescind; or\n\t(b)\trepeal by implication; or\n\t(c)\tabrogate or limit the effect of the law or instrument concerned; or\n\t(d)\texclude from, or include in, the application of the law or instrument concerned, any person, subject matter or circumstance;\nsign includes the affixing of a seal or the making of a mark;\nstatutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding;\nstatutory instrument means the Regulations or an instrument made or in force under this Law;\nswear, in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise;\nword includes any symbol, figure or drawing;\nwriting includes any mode of representing or reproducing words in a visible form.\n11—Provisions relating to defined terms and gender and number\n\t(1)\tIf this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\n\t(2)\tDefinitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\n\t(3)\tIn this Law, words indicating a gender include each other gender.\n\t(4)\tIn this Law—\n\t(a)\twords in the singular include the plural; and\n\t(b)\twords in the plural include the singular.\n12—Meaning of may and must etc\n\t(1)\tIn this Law, the word \"may\", or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\n\t(2)\tIn this Law, the word \"must\", or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\n\t(3)\tThis clause has effect despite any rule of construction to the contrary.\n13—Words and expressions used in statutory instruments\n\t(1)\tWords and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\n\t(2)\tThis clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.\n14—References to Minister\n\t(1)\tIn this Law—\n\t(a)\ta reference to a Minister is a reference to a Minister of the Crown of this jurisdiction; and\n\t(b)\ta reference to a particular Minister by title, or to \"the Minister\" without specifying a particular Minister by title, includes a reference to another Minister, or a member of the Executive Council of this jurisdiction, who is acting for and on behalf of the Minister.\n\t(2)\tIn a provision of this Law, a reference to \"the Minister\", without specifying a particular Minister by title is a reference to—\n\t(a)\tthe Minister of this jurisdiction administering the provision; or\n\t(b)\tif, for the time being, different Ministers of this jurisdiction administer the provision in relation to different matters—\n\t(i)\tif only one Minister of this jurisdiction administers the provision in relation to the relevant matter, the Minister; or\n\t(ii)\tif two or more Ministers of this jurisdiction administer the provision in relation to the relevant matter, any one of those Ministers; or\n\t(c)\tif paragraph (b) does not apply and, for the time being, two or more Ministers administer the provision, any one of the Ministers.\n\t(3)\tFor the removal of doubt, it is declared that if—\n\t(a)\ta provision of this Law is administered by two or more Ministers of this jurisdiction; and\n\t(b)\tthe provision requires or permits anything to be done in relation to any of the Ministers,\nthe provision does not require or permit it to be done in a particular case by or in relation to more than one of the Ministers.\n15—Production of records kept in computers etc\nIf a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law—\n\t(a)\tto produce the information or a document containing the information to a court, tribunal or person; or\n\t(b)\tto make a document containing the information available for inspection by a court, tribunal or person,\nthen, unless the court, tribunal or person otherwise directs—\n\t(c)\tthe requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\n\t(d)\tthe production to the court, tribunal or person of the document in that form complies with the requirement.\n16—References to this jurisdiction to be implied\n\t(a)\ta reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and\n\t(b)\ta reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.\n17—References to officers and holders of offices\nIn this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned.\n18—Reference to certain provisions of Law\nIf a provision of this Law refers—\n\t(a)\tto a Chapter, Part, section or Schedule by a number and without reference to this Law, the reference is a reference to the Chapter, Part, section or Schedule, designated by the number, of or to this Law; or\n\t(b)\tto a Schedule without reference to it by a number and without reference to this Law, the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or\n\t(c)\tto a Division, Subdivision, subsection, paragraph, subparagraph, subsubparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law, the reference is a reference to—\n\t(i)\tthe Division, designated by the number, of the Part in which the reference occurs; and\n\t(ii)\tthe Subdivision, designated by the number, of the Division in which the reference occurs; and\n\t(iii)\tthe subsection, designated by the number, of the section in which the reference occurs; and\n\t(iv)\tthe paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n\t(v)\tthe paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\n\t(vi)\tthe subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n\t(vii)\tthe subsubparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n\t(viii)\tthe section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs,\nas the case requires.\nPart 4—Functions and powers\n19—Performance of statutory functions\n\t(1)\tIf this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires.\n\t(2)\tIf this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.\n\t(3)\tIf this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.\n20—Power to make instrument or decision includes power to amend or repeal\nIf this Law authorises or requires the making of an instrument, decision or determination—\n\t(a)\tthe power includes power to amend or repeal the instrument, decision or determination; and\n\t(b)\tthe power to amend or repeal the instrument, decision or determination is exercisable in the same way, and subject to the same conditions, as the power to make the instrument, decision or determination.\n21—Matters for which statutory instruments may make provision\n\t(1)\tIf this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—\n\t(a)\tan Act or statutory instrument; or\n\t(b)\tanother document (whether of the same or a different kind),\nas in force at a particular time or as in force from time to time.\n\t(2)\tIf a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\n\t(3)\tA statutory instrument may—\n\t(b)\tvary according to the persons, times, places or circumstances to which it is expressed to apply.\n\t(4)\tA statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\n\t(5)\tIf this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\n\t(6)\tIf this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\n\t(7)\tA statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\n\t(8)\tA statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\n\t(9)\tIn this clause—\nstatutory instrument does not include the National Electricity Rules.\n22—Presumption of validity and power to make\n\t(1)\tAll conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\n\t(2)\tA statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.\n23—Appointments may be made by name or office\n\t(1)\tIf this Law authorises or requires a person or body—\n\t(a)\tto appoint a person to an office; or\n\t(b)\tto appoint a person or body to exercise a power; or\n\t(c)\tto appoint a person or body to do another thing,\nthe person or body may make the appointment by—\n\t(d)\tappointing a person or body by name; or\n\t(e)\tappointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n\t(2)\tAn appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\n24—Acting appointments\n\t(1)\tIf this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—\n\t(a)\ta person by name; or\n\t(b)\ta particular officer, or the holder of a particular office, by reference to the title of the office concerned,\nto act in the office.\n\t(2)\tThe appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n\t(3)\tThe appointer may—\n\t(a)\tdetermine the terms and conditions of the appointment, including remuneration and allowances; and\n\t(b)\tterminate the appointment at any time.\n\t(4)\tThe appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\n\t(5)\tThe appointee must not act for more than one year during a vacancy in the office.\n\t(6)\tIf the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until—\n\t(a)\tthe appointer otherwise directs; or\n\t(b)\tthe vacancy is filled; or\n\t(c)\tthe end of a year from the day of the vacancy,\nwhichever happens first.\n\t(7)\tThe appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\n\t(8)\tWhile the appointee is acting in the office—\n\t(a)\tthe appointee has all the powers and functions of the holder of the office; and\n\t(b)\tthis Law and other laws apply to the appointee as if the appointee were the holder of the office.\n\t(9)\tAnything done by or in relation to a person purporting to act in the office is not invalid merely because—\n\t(a)\tthe occasion for the appointment had not arisen; or\n\t(b)\tthe appointment had ceased to have effect; or\n\t(c)\tthe occasion for the person to act had not arisen or had ceased.\n\t(10)\tIf this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n25—Powers of appointment imply certain incidental powers\n\t(1)\tIf this Law authorises or requires a person or body to appoint a person to an office—\n\t(a)\tthe power may be exercised from time to time as occasion requires; and\n\t(b)\tthe power includes—\n\t(i)\tpower to remove or suspend, at any time, a person appointed to the office; and\n\t(ii)\tpower to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n\t(iii)\tpower to reinstate or reappoint a person removed or suspended; and\n\t(iv)\tpower to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n\t(v)\tpower to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n\t(2)\tThe power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\n\t(3)\tThe power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.\n\t(4)\tAn appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n26—Delegation\n\t(1)\tIf this Law authorises a person to delegate a function or power, the person may, in accordance with this Law, delegate the power to—\n\t(a)\ta person by name; or\n\t(b)\ta particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n\t(2)\tThe delegation—\n\t(a)\tmay be general or limited; and\n\t(b)\tmay be made from time to time; and\n\t(c)\tmay be revoked, wholly or partly, by the delegator.\n\t(3)\tThe delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or if the delegator is a body corporate, by a person authorised by the body corporate for the purpose.\n\t(4)\tA delegated function or power may be exercised only in accordance with any conditions to which the delegation is subject.\n\t(5)\tThe delegate may, in the exercise of a delegated function or power, do anything that is incidental to the delegated function or power.\n\t(6)\tA delegated function or power that purports to have been exercised by the delegate is taken to have been duly exercised by the delegate unless the contrary is proved.\n\t(7)\tA delegated function or power that is duly exercised by the delegate is taken to have been exercised by the delegator.\n\t(8)\tIf, when exercised by the delegator, a function or power is, under this Law, dependent on the delegator's opinion, belief or state of mind in relation to a matter, the function or power, when exercised by the delegate, is dependent on the delegate's opinion, belief or state of mind in relation to the matter.\n\t(9)\tIf a function or power is delegated to a particular officer or the holder of a particular office—\n\t(a)\tthe delegation does not cease to have effect merely because the person who was the particular officer or the holder of the particular office when the power was delegated ceases to be the officer or the holder of the office; and\n\t(b)\tthe function or power may be exercised by the person for the time being occupying or acting in the office concerned.\n\t(10)\tA function or power that has been delegated may, despite the delegation, be exercised by the delegator.\n27—Exercise of powers between enactment and commencement\n\t(1)\tIf a provision of this Law (the \"empowering provision\") that does not commence on its enactment would, had it commenced, confer a power—\n\t(a)\tto make an appointment; or\n\t(b)\tto make a statutory instrument of a legislative or administrative character; or\n\t(c)\tto do another thing,\n\t(d)\tthe power may be exercised; and\n\t(e)\tanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,\nbefore the empowering provision commences.\n\t(2)\tIf a provision of an Act of South Australia (the \"empowering provision\") that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—\n\t(a)\tto make an appointment; or\n\t(b)\tto make a statutory instrument of a legislative or administrative character; or\n\t(c)\tto do another thing,\n\t(d)\tthe power may be exercised; and\n\t(e)\tanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,\nbefore the empowering provision commences.\n\t(a)\tthis Law has commenced and confers a power to make a statutory instrument (the \"basic instrument making power\"); and\n\t(b)\ta provision of an Act of South Australia that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the \"additional instrument making power\"),\n\t(c)\tthe basic instrument making power and the additional instrument making power may be exercised by making a single instrument; and\n\t(d)\tany provision of the instrument that required an exercise of the additional instrument making power is to be treated as made under subclause (2).\n\t(4)\tIf an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of—\n\t(a)\tenabling the exercise of a power mentioned in the subclause; or\n\t(b)\tbringing an appointment, instrument or other thing made or done under such a power into effect,\nthe instrument or provision takes effect—\n\t(c)\ton the making of the instrument; or\n\t(d)\ton such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\n\t(5)\tIf—\n\t(a)\tan appointment is made under subclause (1) or (2); or\n\t(b)\tan instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4),\nthe appointment, instrument or provision takes effect—\n\t(c)\ton the commencement of the relevant empowering provision; or\n\t(d)\ton such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\n\t(6)\tAnything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\n\t(7)\tAfter the enactment of a provision mentioned in subclause (2) but before the provision's commencement, this clause applies as if the references in subclause (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.\n\t(8)\tIn the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\nPart 5—Distance and time\n28—Matters relating to distance and time\n\t(1)\tIn the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\n\t(2)\tIf a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—\n\t(a)\tif the period is expressed to be a specified number of clear days or at least a specified number of days, by excluding the day on which the purpose is to be fulfilled; and\n\t(b)\tin any other case, by including the day on which the purpose is to be fulfilled.\n\t(3)\tIf the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\n\t(4)\tIf the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\n\t(5)\tIf no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\n\t(6)\tIf, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\nPart 6—Service of documents\n29—Service of documents and meaning of service by post etc\n\t(1)\tIf this Law requires or permits a document to be served on a person (whether the expression \"deliver\", \"give\", \"notify\", \"send\" or \"serve\" or another expression is used), the document may be served—\n\t(a)\ton a natural person—\n\t(i)\tby delivering it to the person personally; or\n\t(ii)\tby leaving it at, or by sending it by post, facsimile or similar facility to the last known address of the place of residence or usual place of business of the person; or\n\t(iii)\tby sending it electronically to that person; or\n\t(b)\ton a body corporate—\n\t(i)\tby leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or\n\t(ii)\tby sending it by post, facsimile or similar facility to its registered office or its usual place of business; or\n\t(iii)\tby sending it electronically to that body corporate or an officer of the body corporate.\n\t(2)\tNothing in subclause (1)—\n\t(a)\taffects the operation of another law that authorises the service of a document otherwise than as provided in the subclause; or\n\t(b)\taffects the power of a court or tribunal to authorise service of a document otherwise than as provided in the subclause.\n30—Meaning of service by post etc\n\t(1)\tIf this Law requires or permits a document to be served by post (whether the expression \"deliver\", \"give\", \"notify\", \"send\" or \"serve\" or another expression is used), service—\n\t(a)\tmay be effected by properly addressing, prepaying and posting the document as a letter; and\n\t(b)\tis taken to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved.\n\t(2)\tIf this Law requires or permits a document to be served by a particular postal method (whether the expression \"deliver\", \"give\", \"notify\", \"send\" or \"serve\" or another expression is used), the requirement or permission is taken to be satisfied if the document is posted by that method or, if that method is not available, by the equivalent, or nearest equivalent, method provided for the time being by Australia Post.\n","sortOrder":56},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Evidentiary matters","content":"Part 6A—Evidentiary matters\nDivision 1—Publication on websites\n31AA—Definitions\nrelevant AER decision means a decision (however described) or determination (however described) of the AER under this Law or the Rules;\nrelevant notice means a notice under the Rules calling for submissions or comments in relation to a relevant decision.\n31AB—Publication of relevant AER decisions on websites\n\t(1)\tFor the purposes of this Law, a relevant AER decision or relevant notice that is required by this Law or the Rules to be published on a website is to be taken to be published on the website if—\n\t(a)\tthe relevant AER decision or relevant notice is made accessible in full on the website; or\n\t(b)\tnotice of the making or publication of the AER relevant decision or relevant notice is made accessible on that website and the relevant AER decision or relevant notice is made accessible separately in full on that website or in any other identified location.\n\t(2)\tThe date on which the relevant AER decision or relevant notice is published on the website is the date notified by the AER on the website as the date of the relevant AER decision's or relevant notice's publication (being not earlier than the date on which it was first made so accessible).\nDivision 2—Evidentiary certificates\n31AC—Definitions\nacting SES employee has the same meaning as in section 17AA of the Acts Interpretation Act 1901 of the Commonwealth;\nAEMC chief executive means the chief executive of the AEMC appointed under section 16 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;\nAEMC Commissioner means a Commissioner within the meaning of the Australian Energy Market Commission Establishment Act 2004 of South Australia;\nAER member has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth;\nrelevant notice has the same meaning as in clause 31AA;\nSES employee has the same meaning as in section 17AA of the Acts Interpretation Act 1901 of the Commonwealth.\n31AD—Evidentiary certificates—AER\nIn any proceedings under this Law, a certificate signed or purported to be signed by an AER member, or an SES employee or acting SES employee assisting the AER as mentioned in section 44AAC of the Competition and Consumer Act 2010 of the Commonwealth, stating any of the following matters is evidence of the matter:\n\t(a)\ta stated document is 1 of the following things made, issued, developed, prepared, promulgated, served, sent, delivered or given under this Law or the Rules:\n\t(i)\ta decision (however described) or determination (however described);\n\t(ii)\tan authorisation under section 20;\n\t(iii)\ta general regulatory information order;\n\t(iv)\ta notice, notification, direction or requirement;\n\t(b)\ta stated document is a copy of a thing referred to in paragraph (a);\n\t(ba)\ta stated document is a copy of a rate of return instrument;\n\t(c)\ton a stated day, a person was or was not—\n\t(i)\tgiven a decision (however described) or determination (however described);\n\t(ii)\tauthorised as an authorised person (within the meaning of section 19);\n\t(iii)\tserved a notice under section 28 or a regulatory information notice;\n\t(iv)\tnotified under section 28J;\n\t(d)\ton a stated day any of the following were published on the AER's website:\n\t(i)\ta decision (however described) or determination (however described);\n\t(ii)\ta general regulatory information order;\n\t(iii)\ta relevant notice.\n31AE—Evidentiary certificates—AEMC\nIn any proceedings under this Law, a certificate signed or purported to be signed by a Commissioner or the AEMC chief executive, stating any of the following matters is evidence of the matter:\n\t(a)\ta stated document is 1 of the following things made, issued, developed, prepared, promulgated, served, sent, delivered or given under this Law or the Rules:\n\t(i)\ta decision (however described); or\n\t(ii)\ta determination (however described);\n\t(b)\ta stated document is a copy of a thing referred to in paragraph (a);\n\t(c)\ton a stated day a person was or was not given a decision (however described) or determination (however described);\n\t(d)\ton a stated day a relevant notice was published on the AEMC's website.\n31AF—Evidentiary certificates—AEMO\n\t(1)\tIn any proceedings under this Law, any of the following certificates signed or purportedly signed by an authorised officer is evidence of the matter certified:\n\t(a)\ta certificate certifying that a document identified in the certificate is a decision (however described) or a determination (however described) made by AEMO or a copy of such a decision or determination;\n\t(b)\ta certificate certifying that a document identified in the certificate was made, issued, developed, prepared, promulgated, served, sent, delivered, or given under this Law or the Rules on a specified date or over a specified period;\n\t(c)\ta certificate certifying that a decision, determination or notice was published on AEMO's website on a specified date.\n\t(2)\tFor this clause, an authorised officer is AEMO's CEO or a person authorised by AEMO's CEO to issue certificates under this clause.\nThere is no clause 31AG.\nPart 6B—Commencement of this Law and Statutory instruments\n31AH—Time of commencement of this Law or a provision of this Law\nIf a provision of an Act of South Australia provides that this Law or a provision of this Law shall commence, or be deemed to have commenced, on a particular day, it shall commence, or be deemed to have commenced, at the beginning of that day.\n31AI—Time of commencement of a Rule\n\t(1)\tIf a Rule provides that the Rule shall commence on a particular day, it shall commence at the beginning of that day.\n\t(2)\tIf a provision of an Act of South Australia provides that a Rule is deemed to have commenced on a particular day, the Rule shall be deemed to have commenced at the beginning of that day.\n\t(3)\tIf a notice published in the South Australian Government Gazette under Division 2 of Part 7 or section 104 provides that a Rule shall commence on a particular day, the Rule shall commence at the beginning of that day.\nPart 7—Effect of repeal, amendment or expiration\n31—Time of Law, the Regulations or Rules ceasing to have effect\nIf a provision of this Law, the Regulations or the Rules is expressed—\n\t(a)\tto expire on a specified day; or\n\t(b)\tto remain or continue in force, or otherwise have effect, until a specified day,\nthe provision has effect until the last moment of the specified day.\n32—Repealed Law, Regulation or Rule provisions not revived\n\t(1)\tIf a provision of this Law is repealed or amended by an Act of South Australia or a provision of an Act of South Australia, the provision is not revived merely because the Act or the provision of the Act—\n\t(a)\tis later repealed or amended; or\n\t(b)\tlater expires.\n\t(2)\tIf a provision of the Regulations or the Rules is repealed or amended by a Regulation or a Rule, the provision is not revived merely because the Regulation or Rule—\n\t(a)\tis later repealed or amended; or\n\t(b)\tlater expires.\n33—Saving of operation of repealed Law, Regulation or Rule provisions\n\t(1)\tThe repeal, amendment or expiry of a provision of this Law, the Regulations or the Rules does not—\n\t(a)\trevive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\n\t(b)\taffect the previous operation of the provision or anything suffered, done or begun under the provision; or\n\t(c)\taffect a right, privilege or liability acquired, accrued or incurred under the provision; or\n\t(d)\taffect a penalty incurred in relation to an offence arising under the provision; or\n\t(2)\tAny such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n34—Continuance of repealed provisions\n\t(1)\tIf an Act of South Australia repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.\n\t(2)\tIf a Regulation or Rule repeals some provisions of the Regulations or Rules and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.\n35—Law and amending Acts to be read as one\nThis Law and all Acts of this jurisdiction amending this Law are to be read as one.\nPart 8—Offences under this Law\n36—Penalty at end of provision\nIn this Law, a penalty specified at the end of—\n\t(a)\ta section (whether or not the section is divided into subsections); or\n\t(b)\ta subsection (but not at the end of a section); or\n\t(c)\ta section or subsection and expressed in such a way as to indicate that it applies only to part of the section or subsection,\nindicates that an offence mentioned in the section, subsection or part is punishable on conviction or, if no offence is mentioned, a contravention of the section, subsection or part constitutes an offence against the provision that is punishable, on conviction, by a penalty not more than the specified penalty.\n37—Penalty other than at end of provision\n\t(1)\tIn this Law, a penalty specified for an offence, or a contravention of a provision, indicates that the offence is punishable on conviction, or the contravention constitutes an offence against the provision that is punishable, on conviction, by a penalty not more than the specified penalty.\n\t(2)\tThis clause does not apply to a penalty to which clause 36 applies.\n37A—Indexation of civil penalty amounts\n\t(1)\tEach civil penalty amount is to be adjusted in accordance with the method prescribed by the Regulations for the purposes of this clause.\n\t(2)\tThe first adjustment is to occur on 1 July 2023.\n\t(3)\tThe next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.\n\t(4)\tThe AER must, on or as soon as practicable after the date of the first adjustment and before each subsequent adjustment, publish on its website the civil penalty amounts that apply on and from the date of the adjustment. However, a failure by the AER to do so does not invalidate an adjustment.\n\t(5)\tA civil penalty amount that is adjusted under this clause applies to a breach of a civil penalty provision that occurs or is alleged to occur on or after the date of the adjustment.\ncivil penalty amount means—\n\t(a)\teach amount specified in section 2AB(1)(a), (b), (c)(i) or (ii)(A) or (d)(i) or (ii)(A); and\n\t(b)\teach amount specified as an infringement penalty in section 76.\n37B—Indexation of criminal penalties\n\t(1)\tEach criminal penalty amount is to be adjusted in accordance with the method prescribed by the Regulations for the purposes of this clause.\n\t(2)\tThe first adjustment is to occur on 1 July 2023.\n\t(3)\tThe next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.\n\t(4)\tThe AER must, on or as soon as practicable after the date of the first adjustment and before each subsequent adjustment, publish on its website the criminal penalty amounts that apply on and from the date of the adjustment. However, a failure by the AER to do so does not invalidate an adjustment.\n\t(5)\tA criminal penalty amount that is adjusted under this clause applies to a breach of a provision that occurs or is alleged to occur on or after the date of the adjustment.\ncriminal penalty amount means any amount, specified in this Law, which is the maximum monetary penalty that may be imposed on conviction for the commission of an offence against this Law.\n38—Indictable offences and summary offences\n\t(1)\tAn offence against this Law that is not punishable by imprisonment is punishable summarily.\n\t(2)\tAn offence against this Law that is punishable by imprisonment is, subject to subclause (3), punishable on indictment.\n\t(a)\ta proceeding for an offence against this Law that is punishable by imprisonment is instituted in a court of summary jurisdiction; and\n\t(b)\tthe prosecutor requests the court to hear and determine the proceeding,\nthe offence is punishable summarily and the court must hear and determine the proceeding.\n\t(4)\tA court of summary jurisdiction must not—\n\t(a)\timpose, in relation to a single offence against this Law, a period of imprisonment of more than two years; or\n\t(b)\timpose, in relation to offences against the Law, cumulative periods of imprisonment that are, in total, more than five years.\n\t(5)\tNothing in this clause renders a person liable to be punished more than once in relation to the same offence.\n39—Double jeopardy\n\t(1)\tIf an act or omission constitutes an offence—\n\t(a)\tunder this Law as applied as a law of this jurisdiction; and\n\t(b)\tunder this Law as applied as a law of another jurisdiction,\nand the offender has been punished in relation to the offence under the law mentioned in paragraph (b), the offender is not liable to be punished in relation to the offence mentioned in paragraph (a).\n\t(2)\tIf an act or omission constitutes—\n\t(a)\ta breach of a civil penalty provision of this Law as applied as a law of this jurisdiction; and\n\t(b)\ta breach of a civil penalty provision of this Law as applied as a law of another jurisdiction,\nand the person in breach of the civil penalty provision mentioned in paragraph (a) has been punished in relation to the civil penalty provision mentioned in paragraph (b), the person is not liable in relation to the breach of the civil penalty provision mentioned in paragraph (a).\n\t(3)\tThe Court must not make a declaration that a person has breached a provision of this Law, the Regulations or the Rules that is not an offence provision if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the breach.\n\t(4)\tProceedings for a declaration referred to in subclause (3) are stayed if—\n\t(a)\tcriminal proceedings are commenced or have already been commenced against the person for an offence; and\n\t(b)\tthe offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the breach.\n\t(5)\tThe proceedings for the declaration referred to in subclause (3) may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the declaration must be dismissed.\ncivil penalty provision has the same meaning as in section 2AA(1).\n40—Aiding and abetting, attempts etc\n\t(1)\tA person who aids, abets, counsels or procures, or by act or omission is in any way directly or indirectly concerned in or a party to, the commission of an offence against this Law is taken to have committed that offence and is liable to the penalty for the offence.\n\t(2)\tA person who attempts to commit an offence against this Law commits an offence and is punishable as if the attempted offence had been committed.\nPart 9—Instruments under this Law\n41—Schedule applies to statutory instruments\n\t(1)\tThis Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\n\t(2)\tThe fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.\nstatutory instrument includes the Regulations, a reliability instrument, the rate of return instrument or the Rules.\n41A—Rate of return instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law\n\t(1)\tA rate of return instrument is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made.\n\t(2)\tIf a provision of the rate of return instrument, or the application of a provision of the instrument to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made—\n\t(b)\tthe remainder of the instrument, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n41B—Reliability instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law\n\t(1)\tA reliability instrument is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made.\n\t(2)\tIf a provision of a reliability instrument, or the application of a provision of the instrument to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made—\n\t(b)\tthe remainder of the instrument, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n42—National Electricity Rules to be construed so as not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law\n\t(1)\tThe National Electricity Rules are to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which they are made.\n\t(2)\tIf a provision of the National Electricity Rules, or the application of a provision of the National Electricity Rules to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made—\n\t(b)\tthe remainder of the National Electricity Rules, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n\t(3)\tWithout limiting subclause (2), the National Electricity Rules are not to be construed as imposing any duty on the Tribunal or AER to perform a function or exercise a power if the imposition of the duty would be in excess of the legislative power of the Legislature of this jurisdiction.\nThe term \"function\" is defined in clause 10 to include \"duty\".\n\t(4)\tIn particular, if a provision of the National Electricity Rules appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty—\n\t(a)\tis within the legislative powers of this jurisdiction; and\n\t(b)\tis consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body.\n\t(4a)\tTo avoid doubt, a provision of the National Electricity Rules does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would—\n\t(a)\tcontravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or\n\t(b)\totherwise exceed the legislative powers of this jurisdiction.\n\t(4b)\tIf imposing on the Commonwealth officer or body the duty to do that thing would—\n\t(a)\tcontravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or\n\t(b)\totherwise exceed the legislative powers of both the State and the Commonwealth,\nthe provision of the National Electricity Rules is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require).\n\t(5)\tThis clause does not limit the effect that a provision of the National Electricity Rules, or the provision of this Law under which it is made, would validly have apart from this clause.\n43—Invalid Rules\n\t(1)\tIf the Court orders (by declaration or otherwise) that a Rule is invalid, the order of the Court does not—\n\t(a)\trevive anything not in force or existing at the time of the order of the Court; or\n\t(b)\taffect the previous operation of the Rule or anything suffered, done or begun under the Rule; or\n\t(c)\taffect a right, privilege or liability acquired, accrued or incurred under the Rule; or\n\t(d)\taffect a penalty arising because of a breach of the Rule; or\n\t(2)\tA penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced as if the Rule had not been ordered by the Court as invalid.\n43A—Invalid rate of return instrument\n\t(1)\tThis clause applies if the Court orders (by declaration or otherwise) that a rate of return instrument is invalid.\n\t(2)\tThe AER must make a new rate of return instrument under this Law to replace the invalid instrument.\n\t(3)\tUntil the invalid instrument is replaced, the rate of return on capital and the value of imputation credits under the invalid instrument continue to apply for the purposes of this Law.\n\t(4)\tHowever, the AER must deal with any affected determination to apply the new rate of return instrument to the determination as if the new instrument had applied from the start of the determination.\n\t(5)\tSubclause (4) applies despite section 18V(1).\naffected determination means a distribution determination or transmission determination to which the invalid instrument applied or continued to apply;\ndeal with, an affected determination, means to do either of the following the AER considers appropriate in the circumstances—\n\t(a)\trevoke the determination and substitute a new determination;\n\t(b)\tvary the determination.\nSchedule 3—Savings and transitionals\n(section 4)\n","sortOrder":57},{"sectionNumber":"Part 1","sectionType":"part","heading":"General","content":"Part 1—General\n1—Definitions\nIn this Schedule—\nACCC means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth;\nCode participant has the same meaning as in section 3 of the old National Electricity Law;\ncommencement day means the day on which section 12 of the South Australian amending Act comes into operation;\nNECA means National Electricity Code Administrator Limited ACN 073 942 775;\nnew commencement day means the day on which section 88 of the National Electricity (South Australia) (National Electricity Law—Miscellaneous Amendments) Amendment Act 2007 of South Australia comes into operation;\nSouth Australian amending Act means the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia.\nThe Regulations may also contain provisions of an application, savings or transitional nature.\nPart 2—General savings provision\n2—Saving of operation of old National Electricity Law\n\t(1)\tSubject to this Schedule, the repeal of the old National Electricity Law does not—\n\t(a)\trevive anything not in force or existing at the time the repeal takes effect; or\n\t(b)\taffect the previous operation of the old National Electricity Law or anything suffered, done or begun under or in accordance with the old National Electricity Law; or\n\t(c)\taffect a right, privilege or liability acquired, accrued or incurred under the old National Electricity Law; or\n\t(d)\taffect a penalty incurred in relation to an offence arising under the old National Electricity Law or penalty incurred in relation to a breach of a provision of the National Electricity Code; or\n\t(2)\tSubject to this Schedule, any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the old National Electricity Law had not been repealed.\nThe substitution of a Schedule to an Act repeals the Schedule.\nPart 3—National Electricity Code changes\n3—Current Code change and derogation proposals to be dealt with under this Law\ncurrent Code change proposal means a proposed change to the National Electricity Code—\n\t(a)\tthat is not a derogation; and\n\t(b)\tthat NECA has not adopted and implemented in accordance with the National Electricity Code as at the commencement day;\ncurrent Code derogation proposal means an application for a derogation, or request for an extension of the period for which a derogation has been granted, that NECA has not granted in accordance with the National Electricity Code as at the commencement day;\nderogation has the same meaning as in Chapter 10 of the National Electricity Code;\ninterested party means—\n\t(a)\ta Code participant; or\n\t(b)\ta person who is an interested party within the meaning of the National Electricity Code;\nrelevant Code change step means a requirement under the National Electricity Code that must be complied with for the purpose of—\n\t(a)\tmaking a change to the National Electricity Code; or\n\t(b)\tmaking a derogation or extending the period for which a derogation has been granted;\nrelevant Rule-making step means a requirement under a provision of Part 7 of this Law that the AEMC must comply with in the making of a Rule under that Part.\n\t(2)\tSubject to this clause, on the commencement day every current Code change proposal is to be taken to be a request for the making of a Rule under Part 7 of this Law and may be made by the AEMC in accordance with that Part.\n\t(3)\tSubject to this clause, on the commencement day every current Code derogation proposal is to be taken to be a request for the making of a participant derogation under Part 7 of this Law and may be made by the AEMC in accordance with that Part.\n\t(4)\tThe AEMC may decide to dispense, or not comply, with a relevant Rule-making step in respect of a current Code change proposal or current Code derogation proposal if it is of the opinion that the relevant Rule-making step duplicates or is consistent with a relevant Code change step that has already been taken under the National Electricity Code.\n\t(5)\tOn making a decision under subclause (4), the AEMC must publish a notice of that decision—\n\t(a)\tin a newspaper circulating generally throughout Australia; and\n\t(b)\ton its website.\nA person aggrieved by a decision of the AEMC under subclause (4) may apply to the Court under section 70 for judicial review of the decision.\n4—Current jurisdictional derogation proposals to be made under this Law\ncurrent jurisdictional derogation change proposal means a change to a jurisdictional derogation in respect of which NECA has not published a notice of the change in accordance with clause 9.1.1(h) of the National Electricity Code;\njurisdictional derogation has the same meaning as in clause 9.1.1 of the National Electricity Code;\nrelevant jurisdictional derogation change step means a requirement under Chapter 9 of the National Electricity Code that must be complied with for the purpose of making a change to a jurisdictional derogation;\nrelevant Rule-making step means a requirement under a provision of Part 7 of this Law that the AEMC must comply with in the making of a Rule under that Part.\n\t(2)\tSubject to this clause, on the commencement day, every current jurisdictional derogation change proposal is to be taken to be a request for the making of a jurisdictional derogation under Part 7 of this Law and may be made by the AEMC in accordance with that Part.\n\t(3)\tThe AEMC may decide to dispense, or not comply, with a relevant Rule-making step in respect of a current jurisdictional derogation change proposal if it is of the opinion that the relevant Rule-making step duplicates or is consistent with a relevant jurisdictional derogation change step that has already been undertaken under Chapter 9 of the National Electricity Code.\n\t(4)\tOn making a decision under subclause (3), the AEMC must publish a notice of that decision—\n\t(a)\tin a newspaper circulating generally throughout Australia; and\n\t(b)\ton its website.\nA person aggrieved by a decision of the AEMC under subclause (3) may apply to the Court under section 70 for judicial review of the decision.\n4A—Transitional arrangements relating to additional Minister initiated Rules\n\t(1)\tThis clause applies if the AEMC receives a request under section 91(1) for the making of a Rule that relates to a Rule that will be amended or revoked by an additional Minister initiated Rule before all of the additional Minister initiated Rules have come into operation.\n\t(2)\tDespite anything to contrary in this Law, the AEMC may—\n\t(a)\tif the request relates to a Rule that will be revoked by an additional Minister initiated Rule—refuse to take action under Part 7 of this Law in respect of that request; or\n\t(b)\tif the request relates to a Rule that will be amended by an additional Minister initiated Rule—treat the request as a request for the making of a Rule that relates to the additional Minister initiated Rule.\n\t(3)\tIf the AEMC decides to act under this clause, the AEMC must, as soon as practicable after making the decision—\n\t(a)\tinform the person or body that made the request of its decision; and\n\t(b)\tgive that person reasons in writing for that decision.\n\t(4)\tDespite anything to the contrary in this Law, a request for a Rule in respect of which the AEMC has decided to refuse to take action under Part 7 of this Law must, on the date of that decision, be taken to have never been made.\nPart 4—Registration\n5—Code participants deemed to be Registered participants\nA Code participant (other than NEMMCO) registered under the National Electricity Code immediately before the commencement day is, on that day, deemed to be—\n\t(a)\ta Registered participant; and\n\t(b)\tregistered under this Law and the National Electricity Rules in the same category of registration as the category of registration that the Code participant was registered under National Electricity Code immediately before that day.\n6—Exemptions\nOn the commencement day—\n\t(a)\tan exemption given by NEMMCO under clause 2.2.1(c) of the National Electricity Code in force immediately before that day is deemed to be an exemption granted under section 12(5);\n\t(b)\tan exemption granted by NECA under clause 2.5.1(d) of the National Electricity Code in force immediately before that day is deemed to be an exemption granted under section 13(3).\nPart 5—References to the National Electricity Code and specific provisions or terms\n7—References to the National Electricity Code\nUnless the context otherwise requires, on and from the commencement day, every reference in a document (however described) to the National Electricity Code is deemed to be a reference to the National Electricity Rules.\n8—References to provisions of the National Electricity Code\nUnless the context otherwise requires, on and from the commencement day, every reference to a provision of the National Electricity Code in a document (however described) is deemed to be a reference to the provision of the National Electricity Rules that corresponds to that provision of the National Electricity Code.\n9—References to Code participants\n\t(1)\tUnless the context otherwise requires, on and from the commencement day, every reference in a document (however described) to a Code participant (other than NEMMCO) within the meaning of the old National Electricity Law is deemed to be a reference to a Registered participant.\n\t(2)\tUnless the context otherwise requires, on and from the commencement day, every reference in a document (however described) to a Code participant (within the meaning of the old National Electricity Law) that is NEMMCO is deemed to be a reference to NEMMCO.\nPart 6—Investigations and proceedings\n10—Investigations into breaches and possible breaches of the Code\n\t(1)\tOn and from the commencement day, a NECA investigation may be conducted and completed by the AER in accordance with this Law, the Regulations and the Rules as if that investigation were commenced by the AER under this Law, the Regulations and the Rules.\nNECA investigation means an investigation into a breach or possible breach of the National Electricity Code by NECA under the old National Electricity Law and National Electricity Code that—\n\t(a)\thas been commenced by NECA before the commencement day; and\n\t(b)\thas not been completed by NECA before the commencement day.\n10A—AER may conduct investigations into breaches or possible breaches of NEL not investigated by NECA\n\t(1)\tDespite anything to the contrary in this Schedule, the AER may, on and from the new commencement day, conduct an investigation into a breach or possible breach of the National Electricity Code.\n\t(2)\tIn conducting an investigation referred to in subclause (1), the AER has all the functions, and may exercise all the powers, NECA had under the old National Electricity Law and National Electricity Code to conduct an investigation into a breach or possible breach of the National Electricity Code.\n10B—AER may bring proceedings in relation to breaches of National Electricity Code in the Court\nAER breach investigation means an investigation conducted and completed by the AER in accordance with clause 10 or 10A.\n\t(2)\tOn and from the new commencement day, the AER may bring proceedings in the Court in respect of an AER breach investigation.\n\t(3)\tDespite anything to the contrary in clause 2, for the purposes this clause, sections 17(1)(b) and 44 of the old National Electricity Law apply to a proceeding under this clause as if—\n\t(a)\ta reference to the Tribunal were a reference to the Court; and\n\t(b)\ta reference to NECA were a reference to the AER.\nPart 7—Funds\n11—Civil penalties fund\n\t(1)\tOn the commencement day, all money standing to the credit of the civil penalties fund immediately before that day vests in the AEMC.\ncivil penalties fund has the same meaning as in section 66 of the old National Electricity Law.\nPart 8—Other\n12—Continuation of Reliability Panel\n\t(1)\tOn the commencement day—\n\t(a)\tthe persons appointed under clause 8.8 of the National Electricity Code, and comprising the Reliability Panel immediately before that day, are deemed to be the persons appointed to comprise the Reliability Panel established under section 38; and\n\t(b)\tthe Reliability Panel established under section 38 is deemed to be the same body as the Reliability Panel established under clause 8.8 of the National Electricity Code.\n\t(2)\tHowever, despite anything to the contrary in the National Electricity Rules, the persons deemed to be appointed to comprise the Reliability Panel under subclause (1) must, unless they earlier resign from the Reliability Panel, cease to comprise the Reliability Panel on the day that is 6 months after the commencement day.\n\t(3)\tTo avoid doubt, each of the persons who cease to be appointed to comprise the Reliability Panel by operation of subclause (2), or earlier resign as contemplated by subclause (2), are eligible to be reappointed to the Reliability Panel in accordance with section 38 and the National Electricity Rules.\n13—Jurisdictional system security coordinator\nOn the commencement day, the Jurisdictional Co-ordinator appointed by the Minister of this jurisdiction under clause 4.3.2(e) of the National Electricity Code is deemed to be appointed as the jurisdictional system security coordinator under section 110.\n14—Rights under certain change of law provisions in agreements or deeds not to be triggered\n\t(1)\tThe repeal of the old National Electricity Law and the commencement of this Law and the initial National Electricity Rules is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day.\nThe substitution of a Schedule to an Act repeals the Schedule.\n\t(2)\tSubclause (1) applies despite any provision in any agreement or deed to the contrary.\n15—Certain undertakings to cease effect on commencement day\n\t(1)\tAny deed entered into by a Code participant for the purposes of clause 2.8.2 of the National Electricity Code and in effect immediately before the commencement day, ceases to have effect on that day.\n\t(2)\tSubclause (1) does not affect a right, privilege or liability acquired, accrued or incurred under a deed referred to in that subclause, or under the National Electricity Code by force of a deed referred to in that subclause, except as otherwise provided by the Regulations.\nPart 9—Tasmanian participation in the national electricity market\n16—Jurisdictional derogations relating to Tasmania's entry into national electricity market\n\t(1)\tDespite anything to the contrary in this Law, the Regulations, the Rules or the Australian Energy Market Commission Establishment Act 2004 of South Australia, the Minister of the Crown in right of Tasmania nominated under section 6(2) may, in writing, direct the AEMC to make a jurisdictional derogation that is substantially the same as the changes to the National Electricity Code—\n\t(a)\tauthorised by the ACCC under Part VII of the Competition and Consumer Act 2010 of the Commonwealth in the determination of the ACCC entitled \"Tasmanian Derogations and Vesting Contract – Tasmania's NEM entry\", dated 14 November 2001; and\n\t(b)\tin any determination of the ACCC varying the authorisation referred to in paragraph (a).\n\t(2)\tThe AEMC must, despite anything to the contrary in this Law, the Regulations, the Rules or the Australian Energy Market Commission Establishment Act 2004 of South Australia, make the jurisdictional derogation as soon as practicable after being given a direction under subclause (1).\n\t(3)\tIn making the jurisdictional derogation under subclause (2), the AEMC need not comply with Division 3 of Part 7 of this Law (other than sections 103(2), 104 and 105).\n17—Definition of national electricity system to permit Tasmania to participate in national electricity market before commissioning of Basslink\n\t(1)\tDespite anything to the contrary in this Law, the Regulations or the Rules, on and from the commencement day and until the relevant day, every reference in this Law, the Regulations or the Rules to the interconnected transmission and distribution system is to be read as including a reference to the interconnected transmission and distribution system in the State of Tasmania.\n\t(2)\tThe Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia may, on being satisfied that Basslink will connect the electricity grids of the States of Tasmania and Victoria on a particular day, publish notice of that day in the South Australian Government Gazette.\nrelevant day means the day notified under subclause (2);\nBasslink has the same meaning as in the Electricity Supply Industry Act 1995 of Tasmania.\n18—Operation and effect of Rule 6A.21.2 of the National Electricity Rules\nRule 6A.21.2 of the National Electricity Rules is deemed to have the same force and effect as it would have had if, at the time the Rule was made, section 34(3)(e) (as amended by section 28(2) of the National Electricity (South Australia) (National Electricity Law—Miscellaneous Amendments) Amendment Act 2007 of South Australia) were in force.\nPart 10—Transitional provisions related to AEMO amendments\n19—Definitions\nAEMO T means Australian Energy Market Operator (Transitional) Ltd (ACN 132 770 104);\ncosts of transition means expenditure incurred by the Commonwealth, AEMO T, AEMO and the former electricity planning authorities in or in relation to—\n\t(a)\trestructuring NEMMCO in anticipation of its assumption of a wider role (as AEMO); or\n\t(b)\tpreparing for AEMO's assumption of its statutory functions;\ncurrent rules means the provisions of this Law and the Rules;\nESIPC means the Electricity Supply Industry Planning Council established under the Electricity Act 1996 of South Australia;\nformer electricity planning authority means—\n\t(a)\tVENCorp; or\n\t(b)\tESIPC;\ntransitional special project expenditure means—\n\t(a)\texpenditure incurred by NEMMCO in anticipation of its assumption (as AEMO) of its role as national transmission planner and expenditure incurred by AEMO in its role as national transmission planner during its first 3 years in that role; and\n\t(b)\texpenditure incurred by NEMMCO in providing services to the national stakeholder steering committee for smart meters and expenditure incurred by AEMO in providing services to the national stakeholder steering committee for smart meters during the first 3 years after the changeover date.\n20—Interaction between this Part and jurisdictional transitional arrangements\n\t(1)\tThis Part and any Regulations or Rules of a saving or transitional nature apply in a participating jurisdiction subject to any exclusions or qualifications made by or under an Act of the participating jurisdiction.\nRegulations or Rules of a saving or transitional nature means Regulations or Rules relating to the transition from the superseded jurisdictional rules to the current rules.\n21—Recovery of costs of transition\n\t(1)\tAEMO may recover the costs of transition as a component of the participant fees payable by Registered participants who are Market Customers.\n\t(2)\tThe costs of transition are to be recovered—\n\t(a)\tover a period of 4 financial years from the changeover date; and\n\t(b)\tin accordance with a schedule prepared by AEMO and published on its website.\n22—Transitional special project expenditure\n\t(1)\tAEMO may recover transitional special project expenditure as a component of the participant fees payable by Registered participants who are Market Customers.\n\t(2)\tThe expenditure is to be recovered—\n\t(a)\tover a period of 4 financial years from the changeover date; and\n\t(b)\tin accordance with a schedule prepared by AEMO and published on its website.\n23—Interpretation of obsolete references\nAs from the day AEMO assumes responsibility for the operation of a market for electricity in a participating jurisdiction, references to the former operator of the market in an instrument (including a legislative instrument) relevant to the market are to be construed as references to AEMO.\nPart 11—Application of National Energy Retail Law amendments\n24—Application of National Energy Retail Law amendments\nThe amendments made to this Law by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia do not apply in a participating jurisdiction until the National Energy Retail Law is applied in that jurisdiction as a law of that jurisdiction.\n","sortOrder":58},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional provision related to ECA amendments","content":"Part 12—Transitional provision related to ECA amendments\n25—Transitional provision—AEMO's consumer advocacy funding obligation\n\t(1)\tAEMO may, until 30 June 2016, recover under this clause the amount of its consumer advocacy funding obligation under Rule 8.10 of the Rules (as in force immediately after the commencement of Rules made under section 90E of this Law) as a component of the participant fees payable by Registered participants who are Market Customers.\n\t(2)\tAEMO's consumer advocacy funding obligation is, despite anything to the contrary in the structure of participant fees determination, to be recovered under this clause in accordance with a schedule prepared by AEMO and published on its website.\n\t(4)\tIn this clause—\nstructure of participant fees determination means the Structure of Participant Fees in the National Energy Market Determination and Report, dated 21 March 2011 and applying for the period from 1 July 2011 to 30 June 2016.\n","sortOrder":59},{"sectionNumber":"Part 13","sectionType":"part","heading":"Information publication","content":"Part 13—Information publication\n26—Information publication\nThe release of information given to the AER or AEMO in confidence before the commencement of this clause will be subject to the provisions of this Law in force immediately before that commencement.\n","sortOrder":60},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional provision related to AER wholesale market reporting functions","content":"Part 14—Transitional provision related to AER wholesale market reporting functions\n27—Transitional provision related to AER wholesale market reporting functions\n\t(1)\tDespite section 18C(3)—\n\t(a)\tthe first report prepared under section 18C(2)(a) must relate to the period of 2 years after the relevant day; and\n\t(b)\tthe second report prepared under section 18C(2)(a) must relate to the period of 4 years after the relevant day.\nrelevant day means the day on which this clause comes into operation.\n","sortOrder":61},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional provision related to AEMC rule making powers","content":"Part 15—Transitional provision related to AEMC rule making powers\n28—AEMC rule making powers\nThe amendment to section 96 of this Law by section 9 of the Statutes Amendment (National Energy Laws) (Rules) Act 2018 does not apply to the making of—\n\t(a)\ta Rule on a request under section 91(1) of this Law received by the AEMC before the commencement of this clause; or\n\t(b)\tan AEMC initiated Rule (within the meaning of section 87 of this Law) in respect of which the AEMC has, before the commencement of this clause, published notice of its intention to make.\n","sortOrder":62},{"sectionNumber":"Part 16","sectionType":"part","heading":"Transitional provisions for rate of return instrument","content":"Part 16—Transitional provisions for rate of return instrument\n29—Definitions\n2013 non‑binding guideline means the guideline about determining the rate of return on capital issued by the AER in 2013;\nreview, of the 2013 non‑binding guideline, means the review of the guideline started by the AER in 2017;\nstakeholders means—\n\t(a)\tregulated network service providers and consumer organisations; or\n\t(b)\tnetwork service users and prospective network service users; or\n\t(c)\tany of the following persons the AER considers appropriate to give the AER advice or comment about the review of the 2013 non‑binding guideline—\n\t(i)\tpersons engaged by a regulated network service provider, a consumer organisation or another entity to give the advice or comment;\n\t(ii)\tother persons the AER considers have the qualifications or experience appropriate to give the advice or comment;\n\t(d)\tother persons the AER considers have an interest in the review of the 2013 non‑binding guideline.\n30—Making first rate of return instrument if review not completed before commencement\n\t(a)\tthe review of the 2013 non‑binding guideline is not completed before the commencement of this clause; and\n\t(b)\tthe AER has sought advice or comment from stakeholders in relation to the review; and\n\t(c)\tat least 3 months before making the first rate of return instrument, the AER has published on its website a draft of the proposed first rate of return instrument or proposed new non‑binding guideline under the Rules; and\n\t(d)\tthe draft instrument or guideline has been reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considers appropriate to conduct the review.\n\t(2)\tPart 3 Division 1B Subdivision 3 does not apply in relation to making the first rate of return instrument.\n\t(3)\tThe independent panel mentioned in subclause (1)(d) must seek to give the AER a consensus report on the panel's review.\n\t(4)\tHowever, a failure to give the AER a consensus report does not affect the making of the first rate of return instrument.\n31—Making first rate of return instrument if review completed before commencement\n\t(1)\tThis clause applies if, before the commencement of this clause—\n\t(a)\tthe review of the 2013 non‑binding guideline was completed and a new non‑binding guideline is in force under the Rules; and\n\t(b)\tthe AER sought advice or comment from stakeholders in relation to the review; and\n\t(c)\tat least 3 months before making the new non‑binding guideline, the AER published on its website a draft of the proposed new non‑binding guideline; and\n\t(d)\tthe draft was reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considered appropriate to conduct the review; and\n\t(e)\tthe independent panel gave the AER a report on the panel's review.\n\t(2)\tThe new non‑binding guideline is taken to be the first rate of return instrument on the commencement.\n\t(3)\tFor section 18U, the instrument is taken to have been published on the AER's website on the commencement.\n\t(4)\tThe report mentioned in subclause (1)(e) need not be a consensus report on the panel's review.\n32—Application of this Law to particular decisions\n\t(1)\tThe amended Law applies in relation to an AER economic regulatory decision made after the commencement even if any action or process for making the decision started before the commencement.\n\t(2)\tHowever, subclause (1) does not apply in relation to an AER economic regulatory decision made before the commencement that has been remitted back to the AER to make the decision again.\namended Law means this Law as amended by the Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018;\ncommencement means the commencement of Part 3 Division 1B.\n","sortOrder":63},{"sectionNumber":"Part 17","sectionType":"part","heading":"Savings and transitional provisions related to Ministerial Council on Energy amendments","content":"Part 17—Savings and transitional provisions related to Ministerial Council on Energy amendments\n33—Definitions\nAmendment Act means the Statutes Amendment (National Energy Laws) (Omnibus) Act 2021;\ncommencement day means the day on which section 5 of the Amendment Act comes into operation.\n34—References to Ministerial Council on Energy\n\t(1)\tOn and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an Act, a legislative instrument, any other kind of instrument, or a contract, agreement or other document will be taken to be a reference to the MCE as defined in section 2 (as amended by section 5 of the Amendment Act).\nagreement includes the Australian Energy Market Agreement or any other intergovernmental agreement to which this jurisdiction is a party.\n35—Rights under certain change of law provisions in agreements or deeds not to be triggered\n\t(1)\tThe substitution of the definition of the MCE by section 5 of the Amendment Act is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day.\n\t(2)\tSubclause (1) applies despite any provision in any agreement or deed to the contrary.\n36—Rights under contracts etc\n\t(1)\tThe substitution of the definition of the MCE by section 5 of the Amendment Act does not affect a right, obligation, liability or immunity of the MCE under an agreement, deed or other instrument entered into by the MCE and in effect on the commencement day.\n\t(2)\tOn and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an agreement, deed or other instrument referred to in subclause (1) will be taken to be a reference to the MCE as defined in section 2 (as amended by section 5 of the Amendment Act).\n\t(3)\tSubclause (1) applies despite any provision in any agreement, deed or other instrument to the contrary.\n37—Saving of decisions etc\nThe substitution of the definition of the MCE by section 5 of the Amendment Act does not affect the validity of—\n\t(a)\tany decision or direction made by the MCE before the commencement day; or\n\t(b)\tany appointment in accordance with a recommendation or nomination of the MCE made before the commencement day.\n","sortOrder":64},{"sectionNumber":"Part 18","sectionType":"part","heading":"Transitional provisions related to national electricity objective amendments","content":"Part 18—Transitional provisions related to national electricity objective amendments\n38—Definitions\namended objective means the national electricity objective as in force on the commencement of this clause;\namending Act means the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023;\ngovernment or regulatory entity means—\n\t(a)\tthe AEMC, the Reliability Panel, the AER, the MCE, the Energy Security Board or another government entity; or\n\t(b)\tAEMO, other than to the extent it is exercising a power or performing a function under this Law or the Rules as—\n\t(i)\ta network service provider for a declared transmission system; or\n\t(ii)\ta declared transmission system operator;\nstart day—see clause 39(2)(a).\n39—When amended objective takes effect for particular matters\n\t(1)\tThis clause applies in relation to a thing required or permitted to be done under this Law by a person or body, other than the AEMC, if, in doing the thing, the person or body is required to consider or apply the national electricity objective including, for example, by—\n\t(a)\thaving regard to the national electricity objective; or\n\t(b)\tdoing the thing in a manner that will or is likely to contribute to the achievement of the national electricity objective.\n\t(2)\tDespite section 4 of the amending Act—\n\t(a)\tthe national electricity objective as in force before that section came into operation continues to apply for the doing of the thing until the day (the start day) that is 2 months after the commencement of this clause; and\n\t(b)\tthe amended objective applies in relation to the doing of the thing from the start day.\n\t(3)\tHowever, if the thing required or permitted to be done relates to a relevant revenue determination—\n\t(a)\ton the commencement of this clause the amended objective applies to the doing of the thing; and\n\t(b)\tclause 40(3) does not apply in relation to the doing of the thing.\n\t(4)\tSubclauses (1) and (2) are subject to clause 40.\n\t(5)\tIn this clause—\nrelevant revenue determination means a revenue determination made under the Rules in relation to the following matters for the regulatory period 2024 to 2029:\n\t(a)\tAusgrid Operator Partnership ABN 78 508 211 731 for the distribution network supplying the Greater Sydney, Central Coast or Hunter Valley region of New South Wales;\n\t(b)\tEndeavour Energy Network Operator Partnership ABN 11 247 365 823 for the distribution network in the Sydney Greater West, Blue Mountains, Southern Highlands, Illawaarra and South Coast regions of New South Wales;\n\t(c)\tEssential Energy constituted under the Energy Services Corporations Act 1995 of New South Wales and specified in Part 2 of Schedule 1 of that Act;\n\t(d)\tEvoenergy, the joint venture between Icon Distribution Investments Limited ACN 073 025 224 and Jemena Networks (ACT) Pty Ltd ACN 008 552 663 registered as a network service provider under section 12(1) of this Law for the distribution network in the Australian Capital Territory;\n\t(e)\tPower and Water Corporation ABN 15 947 352 360 for the distribution network in the Northern Territory;\n\t(f)\tTasmanian Networks Pty Ltd ACN 167 357 299 for the distribution network and transmission network supplying Tasmania;\n\t(g)\ta successor to the business of an entity mentioned in paragraphs (a) to (f).\n40—Application of national electricity objective to particular matters in progress on start day\n\t(a)\tbefore the start day, a person or body had started, or was required or permitted to start, doing a thing under this Law; and\n\t(b)\ton the start day—\n\t(i)\tthe person or body has not finished doing the thing; or\n\t(ii)\tthe period within which the thing is required or permitted to be done has not ended; and\n\t(c)\tin doing the thing the person or body is required to consider or apply the national electricity objective by, for example—\n\t(i)\thaving regard to the national electricity objective; or\n\t(ii)\tdoing the thing in a manner that will or is likely to contribute to the achievement of the national electricity objective.\n\t(2)\tThe national electricity objective as in force before the commencement of this clause, and as continued under clause 39 until the start day, continues to apply in relation to the doing of the thing.\n\t(3)\tHowever, a government or regulatory entity may decide to consider or apply the amended objective in relation to the doing of the thing.\n\t(4)\tFor subclause (1), the following matters are taken not to have been started, or required or permitted to have been started, before the start day:\n\t(a)\tthe making of a revenue determination under the Rules for a network service provider if, on the start day—\n\t(i)\tfor a transmission network service provider under the Rules—a revenue proposal has not yet been submitted under clause 6A.10.1(a) of the Rules; or\n\t(ii)\tfor a distribution network service provider under the Rules—a regulatory proposal has not yet been submitted under clause 6.8.2(a) of the Rules;\n\t(b)\tthe application of the regulatory investment test for transmission to an RIT-T project under the Rules, if a project assessment draft report for the RIT-T project has not yet been made available by the RIT-T proponent under clause 5.16.4(j) of the Rules or published under clause 5.16A.4(c) of the Rules before the start day;\n\t(c)\tthe application of the regulatory investment test for distribution to an RIT-D project under the Rules, if a draft project assessment report for the RIT-D project has not yet been published by the proponent under clause 5.17.4(i) of the Rules before the start day.\n41—Administrative guidance about decisions under clause 40(3)\n\t(1)\tIf a government or regulatory entity, other than the AER, proposes to exercise a discretion under clause 40(3), the entity must use its best endeavours to ensure that within 45 days after the commencement of this clause, it issues administrative guidance about the matters the entity is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.\n\t(2)\tThe AER must, within 45 days after the commencement of this clause, issue administrative guidance about the matters the AER is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.\n\t(3)\tA failure to comply with this section does not prevent a government or regulatory entity from exercising a discretion under clause 40(3).\n42—Administrative guidance about value of greenhouse gas emissions\n\t(a)\tadministrative guidance is issued by a government or regulatory entity about considering or applying the amended objective; and\n\t(b)\tthe guidance includes the value, or a method of working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction; and\n\t(c)\tthe guidance is consistent with any MCE statement.\n\t(2)\tThe value or method stated in the administrative guidance must be complied with by the government or regulatory entity in considering or applying the amended objective.\n\t(3)\tSubclause (4) applies in relation to a RIT-T project or RIT-D project under the Rules.\n\t(4)\tWithout limiting subclauses (1) and (2), if the AER issues the administrative guidance mentioned in subclause (1), the AER and RIT-D proponent or RIT-T proponent for the project under the Rules must comply with the administrative guidance in relation to the project.\n\t(5)\tThis clause applies until a Regulation or Rule takes effect for the matter described in subclause (1).\nMCE statement means a statement issued by the MCE that states the value, or a method of or guidance for working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction, that is to be used by a government or regulatory entity in considering or applying the amended objective until a Regulation or Rule mentioned in subclause (5) takes effect.\n43—Validation of things done in relation to Rules before commencement\n\t(1)\tThis clause applies if, before the commencement of this clause—\n\t(a)\tthe MCE or a Minister of a participating jurisdiction had requested a Rule under section 91(1) in relation to the national electricity objective as if the amended objective were in force; and\n\t(b)\tthe AEMC had done a thing under Part 7, other than sections 103 to 105, in relation to the request.\n\t(2)\tOn the commencement of this clause—\n\t(a)\tthe thing is taken to have been validly done under Part 7; and\n\t(b)\tthe AEMC is taken to have satisfied a requirement under the Law to apply the national electricity objective in relation to the thing.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n National Electricity (South Australia) Act 1996\n20.6.1996\n13.12.1998 (Gazette 8.12.1998 p1819)\n National Electricity (South Australia) (Commencement) Amendment Act 1998\n National Electricity (South Australia) (Miscellaneous) Amendment Act 1998\n13.11.1998: s 2 except Pt 3 (ss 13 & 14) which will not be brought into operation as it amended the Schedule which was subsequently substituted by 14/2005 s 12\n Statutes Amendment (Corporations) Act 2001\n14.6.2001\nPt 24 (ss 88, 90, 91)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13.7.2001 (Gazette 21.6.2001 p2270); s 89 will not be brought into operation as it amended the Schedule which was subsequently substituted by 14/2005 s 12\n National Electricity (South Australia) (New Penalty) Amendment Act 2003\n20.11.2003\n18.12.2003 (Gazette 18.12.2003 p4524)\n National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005\n21.4.2005\n21.4.2005: s 2(2) except ss 5, 6, 8—12—1.7.2005 (Gazette 30.6.2005 p2092) and except s 7—17.7.2008 (Gazette 17.7.2008 p3372)\n National Electricity (South Australia) (National Electricity Law—Miscellaneous Amendments) Amendment Act 2007\n29.11.2007\n1.1.2008 (Gazette 6.12.2007 p4736)\n National Electricity (South Australia) (National Electricity Law—Australian Energy Market Operator) Amendment Act 2009\n25.6.2009\n1.7.2009 (Gazette 25.6.2009 p3000)\n National Electricity (South Australia) (Smart Meters) Amendment Act 2009\n5.11.2009\n1.1.2010 (Gazette 10.12.2009 p6168)\n Statutes Amendment (National Energy Retail Law) Act 2011\n17.3.2011\nPt 3 (ss 5—49) & Sch 1—1.7.2012 (Gazette 28.6.2012 p2925)\n Statutes Amendment (National Energy Retail Law Implementation) Act 2012\n13.12.2012\nPt 5 (ss 37 & 38)—1.2.2013 (Gazette 31.1.2013 p157)\n Statutes Amendment (Smart Meters) Act 2013\n21.11.2013\nPt 2 (ss 4—6)—28.11.2013 (Gazette 28.11.2013 p4383)\n Statutes Amendment (National Electricity and Gas Laws—Limited Merits Review) Act 2013\n5.12.2013\nPt 2 (ss 4—18)—19.12.2013 (Gazette 19.12.2013 p4927)\n Statutes Amendment (Energy Consumers Australia) Act 2014\n11.12.2014\nPt 3 (ss 21—25)—30.1.2015 (Gazette 18.12.2014 p6870)\n Statutes Amendment (National Electricity and Gas Laws—Information Collection and Publication) Act 2016\n8.12.2016\nPt 2 (ss 4—11)—15.12.2016 (Gazette 15.12.2016 p4990)\n National Electricity (South Australia) (Australian Energy Regulator—Wholesale Market Monitoring) Amendment Act 2016\n8.12.2016\n15.12.2016 (Gazette 15.12.2016 p4989) except new ss 18D(1)(b), (2)—(6) (as inserted by s 6)—13.12.2018 (Gazette 13.12.2018 p4272)\n Statutes Amendment (National Energy Laws) (Rules) Act 2018\n9.8.2018\nPt 2 (ss 4—11)—20.9.2018 (Gazette 20.9.2018 p3500)\n Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018\n22.11.2018\nPt 2 (ss 4 to 12)—13.12.2018 (Gazette 13.12.2018 p4272)\n National Electricity (South Australia) (Retailer Reliability Obligation) Amendment Act 2019\n23.5.2019\n1.7.2019 (Gazette 13.6.2019 p1828)\n Statutes Amendment (National Energy Laws) (Penalties and Enforcement) Act 2020\n22.10.2020\nPt 2 (ss 4 to 33)—29.1.2021 (Gazette 27.1.2021 p163\n Statutes Amendment (National Energy Laws) (Omnibus) Act 2021\n11.2.2021\nPt 3 (ss 5 to 24)—15.4.2021 (Gazette 15.4.2021 p1169)\n Statutes Amendment (National Energy Laws) (Stand-Alone Power Systems) Act 2021\n11.3.2021\nPt 2 (ss 4 to 9)—20.5.2021 (Gazette 20.5.2021 p1398)\n National Electricity (South Australia) (Consumer Data Right) Amendment Act 2022\n27.10.2022\n3.11.2022 (Gazette 3.11.2022 p6549)\nStatutes Amendment (National Energy Laws) (Gas Pipelines) Act 2022\n24.11.2022\nPt 2 (ss 4 & 5)—2.3.2023 (Gazette 2.3.2023 p464)\nStatutes Amendment (National Energy Laws) (Regulatory Sandboxing) Act 2022\n24.11.2022\nPt 2 (ss 4 to 17)—8.12.2022 (Gazette 8.12.2022 p6823)\nNational Electricity (South Australia) (Ministerial Reliability Instrument) Amendment Act 2023\n23.3.2023\n14.4.2023 (Gazette 14.4.2023 p798)\nStatutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023\nPt 2 (ss 4—8)—21.9.2023: s 2\nStatutes Amendment (National Energy Laws) (Wholesale Market Monitoring) Act 2024\n18.4.2024\nPt 2 (ss 4 to 12)—8.5.2024 (Gazette 8.5.2024 p807)\nNational Electricity (South Australia) (Orderly Exit Management Framework) Amendment Act 2024\n5.12.2024: s 2\nStatutes Amendment (Budget Measures) Act 2025\nPt 4 (s 9)—13.2.2025: s 2\nStatutes Amendment (National Energy Laws) (Data Access) Act 2025\n27.2.2025\nPt 2 (ss 4 to 9)—10.4.2025 (Gazette 10.4.2025 p714)\nNational Energy Retail Law (Retailer of Last Resort) Amendment Act 2025\n27.11.2025\nSch 1 (cll 1 to 5)—18.12.2025 (Gazette 18.12.2025 p4961)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPreamble\ndeleted by 14/2005 s 5\nPt 1\n\ns 2\namended by 32/1998 s 2\n\nomitted under Legislation Revision and Publication Act 2002\n18.12.2003\nPt 2\n\ns 8\n\ns 8(1)\ns 8 redesignated as s 8(1) by 14/2005 s 6\ns 8(2)\ninserted by 14/2005 s 6\nPt 3\ndeleted by 14/2005 s 7\n17.7.2008\nPt 4\n\namended by 14/2005 s 8\ns 11\n\ns 11(1)—(3)\nsubstituted by 14/2005 s 9\ns 11(4)\ndeleted by 14/2005 s 9\ns 12\nsubstituted by 14/2005 s 10\ns 12(1)\nsubstituted by 53/2007 s 90(1)\ns 12(2)\namended by 53/2007 s 90(2)\ns 12(2a)\ninserted by 53/2007 s 90(3)\ns 12(3)\namended by 53/2007 s 90(4), (5)\n\namended by 31/2009 s 4(1), (2)\ns 12(4)\n\nNECA\ndeleted by 53/2007 s 90(6)\ns 13 before substitution by 14/2005\n\ns 13(4)\ninserted by 51/2003 s 4\n18.12.2003\ns 13\nsubstituted by 14/2005 s 10\nPt 5\n\ns 14\n(a) deleted by 14/2005 s 11(1)\n\namended by 14/2005 s 11(2)\n\namended by 31/2009 s 5(1), (2)\ns 15\ninserted by 53/2007 s 91\ns 15A\ninserted by 55/2012 s 37\ns 15B\ninserted by 4/2025 s 9\nPt 6\ninserted by 53/2007 s 92\nPt 7\ninserted by 31/2009 s 6\nPt 7A\ninserted by 10/2019 s 4\n\ndeleted by 8/2023 s 4\nPt 8\ninserted by 55/2012 s 38\nSch before substitution by 14/2005\n\ns 5\n\ns 5(2)\namended by 32/1998 s 3\ns 10\n\ns 10(2)\namended by 68/1998 s 3\ns 22\n\ns 22(2)\namended by 23/2001 s 88\ns 25\n\ns 25(2)\namended by 68/1998 s 4\ns 43\n\ns 43(1)\nsubstituted by 68/1998 s 5(a)\ns 43(3)\nsubstituted by 68/1998 s 5(b)\ns 44\n\ns 44(2)\namended by 68/1998 s 6\ns 60\namended by 68/1998 s 7\ns 70\namended by 23/2001 s 90\ns 71\n\ns 71(2)\namended by 68/1998 s 8(a)\ns 71(3)\namended by 68/1998 s 8(b)\ns 74\n(e) deleted by 68/1998 s 9\ns 75\ndeleted by 68/1998 s 10\ns 76\n\ns 76(2)\namended by 68/1998 s 11(a)\ns 76(3)—(5)\ninserted by 68/1998 s 11(b)\ns 77A\ninserted by 68/1998 s 12\ns 77A(1) and (2)\nexpired: s 77A(3) & (8)—omitted under Legislation Revision and Publication Act 2002\n(13.11.1999)\ns 77A(8)\n\namended by 23/2001 s 91\ns 78\nsubstituted by 68/1998 s 12\nSch—National Electricity Law\nsubstituted by 14/2005 s 12\nPt 1\n\ns 2\n\ns 2(1)\ns 2 redesignated as s 2(1) by 7/2011 s 5(5)\naccess determination\naccess dispute\nadditional advisory functions\nadditional Minister initiated Rules\n\namended by 31/2009 s 7(3)\n\namended by 54/2009 s 4(1)\n\namended by 7/2011 s 5(1)\n\namended by 21/2014 s 21(1)\n\namended by 12/2018 s 4(1)\n\nsubstituted by 61/2025 Sch 1 cl 1(1)\nadoptive jurisdiction\nAEMC\nAEMO amendments\nAER\n\nAER economic regulatory decision\nAER economic regulatory function or power\nsubstituted by 53/2007 s 5(2)\n\ndeleted by 31/2009 s 7(1)\n\namended by 33/2018 s 4(1)\nAER market liquidity obligation functions\ninserted by 10/2019 s 5(1)\nAER trial waiver functions\ninserted by 22/2022 s 4(1)\nAER wholesale market monitoring functions\ninserted by 56/2016 s 4(1)\nAER wholesale market reporting functions\ninserted by 56/2016 s 4(1)\nannual turnover\ninserted by 37/2020 s 4(1)\napplication Act\naugmentation\naugmentation connection agreement\nassociate\nAustralian Energy Market Commission\ndeleted by 53/2007 s 5(3)\nAustralian Energy Market Operator or AEMO\nAustralian Energy Regulator\ndeleted by 53/2007 s 5(3)\nCDR data\ninserted by 16/2022 s 4(1)\nCDR provisions\ninserted by 16/2022 s 4(1)\nchangeover date\ncivil penalty\n\namended by 10/2019 s 5(2), (3)\n\nsubstituted by 37/2020 s 4(2)\nconduct provision\nconnection service\nconstituent components\ninserted by 79/2013 s 4(1)\n\namended by 3/2021 s 5(1)\ndata holder\ninserted by 16/2022 s 4(2)\ndeclared network functions\ndeclared power system\ndeclared shared network\ndeclared transmission system\ndeclared transmission system operator\ndesignated energy sector\ninserted by 16/2022 s 4(3)\ndirect control network service\nDispute resolution panel\ndistribution determination\ndistribution reliability standard\ndistribution service standard\ndistribution system\ninserted by 53/2007 s 5(27)\n\namended by 9/2021 s 4(1)\ndistribution system safety duty\n\namended by 31/2009 s 7(4)\nECA amendments\ninserted by 21/2014 s 21(2)\neffective competition\ninserted by 12/2024 s 4(1)\nelectricity contract\ninserted by 12/2024 s 4(1)\nelectricity network service\ninserted by 53/2007 s 5(5)\nelectricity services\namended by 53/2007 s 5(6)\nend user\ninserted by 53/2007 s 5(7)\n\nsubstituted by 7/2011 s 5(3)\nEnergy Consumers Australia or ECA\ninserted by 21/2014 s 21(3)\nenergy ombudsman\nEnergy Security Board\ninserted by 12/2018 s 4(2)\nfinancial risk management product\ninserted by 12/2024 s 4(2)\nform of regulation factors\ninserted by 53/2007 s 5(8)\ngeneral market information order\ngeneral regulatory information order\ninserted by 53/2007 s 5(8)\ninnovative trial principles\ninserted by 22/2022 s 4(2)\ninterconnected national electricity system\ninserted by 53/2007 s 5(9)\n\njurisdictional derogation\njurisdictional electricity legislation\nsubstituted by 53/2007 s 5(10)\njurisdictional regulator\namended by 53/2007 s 5(11)\nliable entity\ninserted by 10/2019 s 5(4)\nlisted corporation\ninserted by 37/2020 s 4(3)\nmarket information instrument\nmarket information notice\nmarket liquidity obligation\ninserted by 10/2019 s 5(5)\nmarket monitoring information notice\ninserted by 12/2024 s 4(3)\nmarket monitoring information order\ninserted by 12/2024 s 4(3)\nMCE\nsubstituted by 3/2021 s 5(2)\nMCE directed review\ninserted by 53/2007 s 5(12)\nMinisterial Gazette notice\nMinisterial pilot metering determination\nMinisterial smart metering determination\n\n(a) deleted by 69/2013 s 4(1)\nMinisterial smart meter rollout determination\n\ndeleted by 69/2013 s 4(2)\nmonitored market\ninserted by 12/2024 s 4(4)\nnational electricity market\nnational electricity market objective\nsubstituted by 53/2007 s 5(13)\nNational Electricity Rules\namended by 53/2007 s 5(14)\nnational electricity system\namended by 53/2007 s 5(15)\n\namended by 9/2021 s 4(2)\nNational Energy Retail Law\nNational Energy Retail Rules\nNational Gas Law\nNational Gas Rules\nnational transmission grid\nNational Transmission Planner\nnegotiated network service\ninserted by 53/2007 s 5(16)\nNEMMCO\ndeleted by 31/2009 s 7(1)\n\nnetwork agreement\nnetwork revenue or pricing determination\nnetwork service provider\n\namended by 9/2021 s 4(3)\nnetwork service provider performance report\nnetwork service user\nNTP functions\noffence provision\nsubstituted by 53/2007 s 5(18)\ninserted by 53/2007 s 5(18)\nparticipant derogation\npower system security\namended by 9/2021 s 4(4)\nprospective network service user\ninserted by 53/2007 s 5(19)\nprotected information\nrate of return instrument\ninserted by 33/2018 s 4(2)\nrebidding civil penalty provision\n\ndeleted by 37/2020 s 4(4)\nrecognised energy industry ombudsman\n\ndeleted by 7/2011 s 5(4)\nRegistered participant\nregulated distribution system operator\ninserted by 53/2007 s 5(20)\nregulated network service provider\ninserted by 53/2007 s 5(20)\nregulated stand-alone power system\ninserted by 9/2021 s 4(5)\nregulated transmission system operator\namended by 53/2007 s 5(21)\nregulatory information instrument\nregulatory information notice\nregulator obligation\ndeleted by 53/2007 s 5(22)\nregulatory obligation or requirement\nregulatory payment\nrelevant agreement\ninserted by 12/2024 s 4(5)\nrelevant participant\n\ndeleted by 7/2011 s 5(4)\nrelevant regulatory decision\ninserted by 3/2021 s 5(3)\nreliability obligation civil penalty provision\ninserted by 10/2019 s 5(6)\nreliability obligations\ninserted by 10/2019 s 5(6)\nretail customer\nretailer\nRetailer Reliability Obligation\ninserted by 10/2019 s 5(7)\nrevenue and pricing principles\ninserted by 53/2007 s 5(23)\nreviewable regulatory decision\ninserted by 79/2013 s 4(2)\n\ndeleted by 3/2021 s 5(4)\nRule dispute\nshared network capability service\nshared transmission service\nsmart meter amendments\ninserted by 54/2009 s 4(3)\nSouth Australian Minister\ninserted by 61/2025 Sch 1 cl 1(2)\nstatutory functions\nsuperseded jurisdictional rules\nTerritory\ninserted by 3/2021 s 5(5)\ntransmission determination\nsubstituted by 53/2007 s 5(24)\ntransmission service standard\namended by 53/2007 s 5(25)\ntransmission system\ninserted by 53/2007 s 5(28)\ntransmission system safety duty\ninserted by 53/2007 s 5(26)\n\namended by 31/2009 s 7(5)\ntrial project\ntrial Rule\ntrial waiver\nTribunal\ninserted by 53/2007 s 5(26)\n\ninserted by 79/2013 s 4(3)\n\ndeleted by 21/2022 s 4\ninserted by 79/2013 s 4(3)\n\ndeleted by 21/2022 s 4\nVENCorp\nwholesale electricity market\ninserted by 56/2016 s 5\ns 2(2)\ninserted by 7/2011 s 5(5)\ns 2A\n\nsubstituted by 7/2011 s 6\ns 2AA\ninserted by 7/2011 s 7\ns 2AA(1)\namended by 10/2019 s 6(1), (2)\n\n(b) deleted by 37/2020 s 5\ns 2AA(1a)\ninserted by 10/2019 s 6(3)\ns 2AB\ninserted by 37/2020 s 6\nss 2B and 2C\ns 2D\ns 2D(1)\namended by 7/2011 s 8(1)\ns 2D(2)\namended by 7/2011 s 8(2)\n\nnote substituted by 7/2011 s 8(3)\nss 2E—2F\ns 2G\ninserted by 37/2020 s 7\ns 5\n\ns 5(1)\namended by 3/2021 s 6(1)\ns 5(2)\nsubstituted by 3/2021 s 6(2)\ns 6\n\ns 6(1)\namended by 3/2021 s 7\n\namended by 61/2025 Sch 1 cl 2\ns 6(2) and (3)\ndeleted by 53/2007 s 7\ns 6A\ninserted by 7/2011 s 9\ns 6B\ninserted by 9/2021 s 5\ns 7\nsubstituted by 53/2007 s 8\n\namended by 26/2023 s 4\ns 7AA\ninserted by 26/2023 s 5\ns 7A\ninserted by 53/2007 s 8\ns 7B\ninserted by 22/2022 s 5\ns 8\n\ns 8(1)\namended by 53/2007 s 9(1)\ns 8(2)\namended by 53/2007 s 9(2)\ns 10A\ninserted by 7/2011 s 10\nPt 2\n\nPt 2 Div 1\nheading inserted by 53/2007 s 10\ns 11\n\ns 11(1)\namended by 53/2007 s 11(1)\n\namended by 9/2021 s 6(1)\ns 11(2)\namended by 53/2007 s 11(2)\n\namended by 9/2021 s 6(2)\ns 11(3)\namended by 53/2007 s 11(3)\n\ns 11(4)\namended by 53/2007 s 11(4)\n\ns 12\n\ns 12(1), (2), (4)—(6)\namended by 31/2009 s 9\ns 14\nsubstituted by 31/2009 s 10\nPt 2 Div 2\ninserted by 53/2007 s 12\ns 14A\nnote amended by 7/2011 s 12\ns 14B\nnote amended by 7/2011 s 13\nPt 2A\ninserted by 10/2019 s 7\ns 14C\n\nMinisterial reliability gap and Ministerial reliability gap period\ninserted by 8/2023 s 5(1)\nT-3 reliability instrument\nsubstituted by 8/2023 s 5(2)\ns 14G\n\ns 14G(1)\namended by 8/2023 s 6(1)\ns 14G(2)\namended by 8/2023 s 6(2)\ns 14H\n\ns 14H(2)\namended by 8/2023 s 7(1)\ns 14H(3)\namended by 8/2023 s 7(2)\ns 14H(4)\ninserted by 8/2023 s 7(3)\ns 14I\n\ns 14I(3)\namended by 8/2023 s 8\ns 14JA\ninserted by 8/2023 s 9\ns 14K\n\ns 14K(1)\namended by 8/2023 s 10\nPt 3\n\nPt 3 Div 1\n\ns 15\n\ns 15(1)\ns 15 amended and redesignated as s 15(1) by 53/2007 s 13(1)—(6)\n\namended by 31/2009 s 11(1)\n\namended by 7/2011 s 14, Sch 1\n\namended by 56/2016 s 5\n\namended by 33/2018 s 5\n\namended by 10/2019 s 8\n\namended by 9/2021 s 7\n\namended by 22/2022 s 6(1), (2)\ns 15(2)\ninserted by 53/2007 s 13(6)\ns 15(3)\ninserted by 31/2009 s 11(2)\ns 16\nsubstituted by 53/2007 s 14\ns 16(1)\namended by 31/2009 s 12\n\namended by 79/2013 s 5\n\namended by 3/2021 s 8(1)\n\n(d) deleted by 3/2021 s 8(2)\ns 16(2)\namended by 7/2011 s 15\ns 16(4)\n\ninserted by 21/2022 s 5\ninserted by 21/2022 s 5\ns 17\ns 18\nsubstituted by 53/2007 s 15\n\nPt 3 Div 1A\ninserted by 56/2016 s 6\n15.12.2016 except s 18D(1)(b), (2)—(6)—13.12.2018\nPt 3 Div 1A Subdiv 1\nheading inserted by 12/2024 s 5\ns 18A\ns 18A(1) substituted and redesignated as s 18A by 12/2024 s 6\ns 18B\namended by 12/2024 s 7\ns 18C\n\ns 18C(1)\namended by 12/2024 s 8(1)—(4)\ns 18C(2)\namended by 12/2024 s 8(5)\ns 18C(3)\namended by 12/2024 s 8(2)\ns 18C(5)\ninserted by 12/2024 s 8(6)\nss 18D and 18E\nsubstituted by 12/2024 s 9\nPt 3 Div 1B\ninserted by 33/2018 s 6\nPt 3 Div 1B Subdivs 2—4\ninserted by 12/2024 s 10\nPt 3 Div 1C\ninserted by 10/2019 s 9\nPt 3 Div 1D\ninserted by 22/2022 s 7\nPt 3 Div 2\nheading substituted by 53/2007 s 16\ns 19\n\nrelevant provision\nsubstituted by 53/2007 s 17\ns 20\nsubstituted by 53/2007 s 18\ns 20A\ninserted by 53/2007 s 18\ns 20B\ninserted by 53/2007 s 18\n\namended by 37/2020 s 8\ns 21\n\ns 21(1)\nsubstituted by 53/2007 s 19(1)\ns 21(2)\namended by 53/2007 s 19(2), (3)\nss 22 and 23\nsubstituted by 53/2007 s 20\ns 24\n\ns 24(1)\namended by 53/2007 s 21(1), (2)\ns 25\nsubstituted by 53/2007 s 22\ns 26\n\ns 26(1)\namended by 53/2007 s 23\ns 27\namended by 53/2007 s 24\n\namended by 37/2020 s 9\ns 28\ndeleted by 53/2007 s 25\nPt 3 Div 3\ns 28\n\ns 28(1)\namended by 37/2020 s 10(1)\ns 28(2)\namended by 37/2020 s 10(2)—(4)\ns 28(3)\namended by 37/2020 s 10(5)\ns 28(3a)\ninserted by 37/2020 s 10(6)\ns 28(4)\namended by 37/2020 s 10(7), (8)\ns 28(5a)\ninserted by 37/2020 s 10(9)\ns 28(6)\namended by 37/2020 s 10(10)\ns 28(7)\namended by 37/2020 s 10(11)\ns 28(9)\namended by 37/2020 s 10(12), (13)\ns 28(9a) and (9b)\ninserted by 37/2020 s 10(14)\ns 28(11)—(16)\ns 28(17)\n\namended by 12/2024 s 11\ns 28(18) and (19)\nPt 3 Div 4\ns 28F\n\ns 28F(3)\n(d) deleted by 55/2016 s 4\ns 28I\n\ns 28I(2)\ndeleted by 3/2021 s 9\ns 28J\n\ns 28J(3)\namended by 33/2018 s 7(1), (2)\ns 28M\namended by 31/2009 s 13\ns 28N\nnote inserted by 7/2011 s 16\ns 28O\nnote inserted by 7/2011 s 17\nss 28OA and 28OB\ninserted by 55/2016 s 5\ns 28Q\n\ns 28Q(1)\namended by 33/2018 s 8(1), (2)\ns 28Q(2)\namended by 33/2018 s 8(3), (4)\ns 28R\namended by 37/2020 s 11\nPt 3 Div 5\ns 28V\n\ns 28V(1a)\ninserted by 55/2016 s 6(1)\ns 28V(2)\namended by 55/2016 s 6(2)\ns 28V(3)\namended by 55/2016 s 6(3)\ns 28V(4A)\ninserted by 7/2011 s 18\nPt 3 Div 6\ns 28W\nnote amended by 7/2011 Sch 1\ns 28YA\ninserted by 12/2018 s 5\ns 28ZAA\ninserted by 55/2016 s 7\ns 28ZAB\ninserted by 31/2009 s 14\ns 28ZB\n\ns 28ZB(1)\namended by 31/2009 s 15\n\namended by 55/2016 s 8(1), (2)\ns 28ZB(1a)—(1e)\ninserted by 55/2016 s 8(3)\ns 28ZB(2)\namended by 55/2016 s 8(4)\ns 28ZB(3)\namended by 55/2016 s 8(5)\ns 28ZB(6)\namended by 55/2016 s 8(6)\ns 28ZB(7)\namended by 55/2016 s 8(7)\ns 28ZB(7a)\ninserted by 55/2016 s 8(8)\ns 28ZB(8)\n\nrestricted period\nsubstituted by 55/2016 s 8(9)\nPt 3 Div 7\ns 28ZD\nsubstituted by 7/2011 s 19\ns 28ZF\n\ns 28ZF(a1)\ninserted by 37/2020 s 12(1)\ns 28ZF(1)\namended by 7/2011 s 20\ns 28ZF(2)\namended by 37/2020 s 12(2)\nss 28ZH and 28ZI\ninserted by 7/2011 s 21\ns 28ZJ\ninserted by 79/2013 s 6\n\ndeleted by 3/2021 s 10\nPt 4\n\ns 31\nsubstituted by 53/2007 s 26\ns 32\namended by 53/2007 s 27\ns 32A\ninserted by 26/2023 s 6\ns 34\n\ns 34(1)\nsubstituted by 53/2007 s 28(1)\n\namended by 7/2011 s 22(1), (2)\n\namended by 10/2019 s 10\n\namended by 22/2022 s 8\n\namended by 62/2024 s 4\ns 34(3)\namended by 53/2007 s 28(2)\n\namended by 31/2009 s 16\n\namended by 7/2011 s 22(3), (4)\nss 35 and 36\nsubstituted by 53/2007 s 29\ns 37\n\ns 37(2)\nsubstituted by 53/2007 s 30\ns 40\ndeleted by 53/2007 s 31\ns 41\n\ns 41(1)\namended by 53/2007 s 32(1)—(3)\ns 42\n\ns 42(1)\namended by 53/2007 s 33(1)\ns 42(2)\namended by 53/2007 s 33(2), (3)\ns 43\n\ns 43(1)\namended by 3/2021 s 11\ns 45\n\ns 45(4)\nsubstituted by 53/2007 s 34\ns 46\namended by 53/2007 s 35(1), (2)\ns 47\n\ns 47(1)\namended by 53/2007 s 36(a), (b)\ns 48\namended by 53/2007 s 37\ns 48(5)\ndeleted by 53/2007 s 37\nPt 5 before substitution by 31/2009\n\ns 49\n\ns 49(1)\namended by 53/2007 s 38\nPt 5\nsubstituted by 31/2009 s 17\ns 49\n\ns 49(1)\nnote amended by 7/2011 s 23\n\namended by 16/2022 s 5(1), (2)\n\namended by 7/2025 s 4\ns 50D\n\ns 50D(1)\nnote inserted by 7/2011 s 24\ns 50F\nnote amended by 7/2011 s 25\ns 53A\n\ns 53A(2)\nsubstituted by 3/2021 s 12\ns 53C\n\ns 53C(3)\nnote inserted by 7/2011 s 26(1)\ns 53C(4)\nnote inserted by 7/2011 s 26(2)\ns 53D\namended by 7/2025 s 5\ns 53E\namended by 37/2020 s 13\ns 54\n\ns 54(1)\namended by 7/2025 s 6(1)\ns 54(2)\namended by 7/2025 s 6(2)\ns 54(3)\namended by 7/2025 s 6(3)\ns 54(4)\ninserted by 7/2025 s 6(4)\ns 54C\n\ns 54C(2)\namended by 7/2011 s 27\n\namended by 12/2018 s 6\n\namended by 7/2025 s 7(1), (2)\ns 54C(3)\namended by 7/2025 s 7(3)\ns 54C(5)\nsubstituted by 7/2025 s 7(4)\nss 54CA and 54CB\ninserted by 7/2025 s 8\ns 54FA\ninserted by 55/2016 s 9\ns 54H\n\ns 54H(7a)\ninserted by 55/2016 s 10\n\namended by 3/2021 s 13(1)—(3)\nPt 5A\ninserted by 53/2007 s 39\ns 57A\n\ns 57A(3)\nsubstituted by 3/2021 s 14\nPt 5B\ninserted by 53/2007 s 39\nPt 6\n\nPt 6 Div 1\n\ns 58 before deletion by 7/2011\n\nsubstituted by 53/2007 s 40\n\namended by 31/2009 s 18\ns 587\ndeleted by 7/2011 s 28\n1.7.2011\nPt 6 Div 1A\ninserted by 7/2011 s 29\n1.7.2011\nPt 6 Div 2\n\ns 60\n\ns 60(1)\ns 60 amended and redesignated as s 60(1) by 7/2011 s 30(1), (2)\ns 60(2)\ninserted by 7/2011 s 30(2)\ns 61\n\ns 61(1)\n\namended by 37/2020 s 14(1)\ns 61(2)\n\namended by 37/2020 s 14(2), (3)\ns 61(2a)\ninserted by 37/2020 s 14(4)\ns 61(3)\namended by 53/2007 s 41\n\ns 61(4)\ns 61A\ninserted by 7/2011 s 32\ns 61A(1)\namended by 37/2020 s 15(1)\ns 61A(2)\namended by 37/2020 s 15(2), (3)\ns 61B\ninserted by 7/2011 s 32\ns 62\namended by 53/2007 s 42\n\namended by 31/2009 s 19\n\namended by 37/2020 s 16\ns 64\namended by 53/2007 s 43(1), (2)\n\namended by 37/2020 s 17(1), (2)\n\namended by 7/2011 s 33\ns 67\n\ns 67(1) and (2)\namended by 7/2011 s 34\ns 67A\ninserted by 10/2019 s 11\ns 68\nsubstituted by 7/2011 s 35\ns 68A\ninserted by 7/2011 s 35\ns 69\namended by 7/2011 s 36\ns 69A\n\ns 69A(1)\namended by 31/2009 s 20\n\nsubstituted by 3/2021 s 15(1)\ns 69A(2)\n\nprocedural Parts of the Commercial Arbitration Act of this jurisdiction\ndeleted by 3/2021 s 15(2)\nprocedural provisions of the Commercial Arbitration Act of this jurisdiction\ninserted by 3/2021 s 15(2)\nPt 6 Div 2A\ninserted by 53/2007 s 44\nPt 6 Div 3\n\ns 70\n\ns 70(1)\namended by 31/2009 s 21\ns 71\nsubstituted by 53/2007 s 45\ns 71(2)\nsubstituted by 3/2021 s 16(1)\ns 71(3)\n\nreview provisions of the Commercial Arbitration Act of this jurisdiction\ndeleted by 3/2021 s 16(2)\nreview provisions of the Commercial Arbitration Act of this jurisdiction\ninserted by 3/2021 s 16(2)\nPt 6 Div 3A\ninserted by 53/2007 s 46\nPt 6 Div 3A Subdiv 1\n\ns 71A\n\nAER information disclosure decision\ndeleted by 31/2009 s 22(1)\naffected or interested person or body\namended by 79/2013 s 7(1), (2)\n\ndeleted by 3/2021 s 17(1)\napplicant\n(a) deleted by 3/2021 s 17(2)\naverage annual regulated revenue\ninformation disclosure decision\ninserted by 31/2009 s 22(2)\nintervener\nmaterially preferable NEO decision\ninserted by 79/2013 s 7(3)\n\nprospective user\nregulated revenue\nregulatory period\nreviewable regulatory decision\nreviewable regulatory decision process participant\ninserted by 79/2013 s 7(4)\n\nreview under this Division\namended by 3/2021 s 17(4)\nsmall/medium user or consumer intervener\ninserted by 31/2009 s 22(2)\n\nsmall to medium user or end user\nuser\nuser or consumer intervener\nPt 6 Div 3A Subdiv 2 before deletion by 3/2021\n\ns 71C\n\ns 71C(1a)\ninserted by 79/2013 s 8(1)\ns 71C(2)\namended by 79/2013 s 8(2)\ns 71E\namended by 79/2013 s 9\ns 71K\n\ns 71K(1)\namended by 79/2013 s 10(1)\ns 71K(2)\ndeleted by 79/2013 s 10(2)\ns 71M\n\ns 71M(1a)\ninserted by 79/2013 s 11(1)\ns 71M(2)\namended by 79/2013 s 11(2)\ns 71O\nsubstituted by 79/2013 s 12\ns 71P\n\ns 71P(2)\nsubstituted by 79/2013 s 13(1)\ns 71P(2a)—(2c)\ninserted by 79/2013 s 13(1)\ns 71P(3)\namended by 79/2013 s 13(2)\ns 71P(4)\ndeleted by 79/2013 s 13(3)\ns 71P(5)\namended by 79/2013 s 13(4)\ns 71R\n\ns 71R(1)\nsubstituted by 79/2013 s 14(1)\ns 71R(2)\ndeleted by 79/2013 s 14(2)\ns 71R(3)\nsubstituted by 79/2013 s 14(3)\ns 71R(5)\namended by 79/2013 s 14(4)\ns 71R(5a) and (5b)\ninserted by 79/2013 s 14(5)\ns 71R(6)\n\nreview related matter\nsubstituted by 79/2013 s 14(6)\nPt 6 Div 3A Subdiv 2\ndeleted by 3/2021 s 18\nPt 6 Div 3A Subdiv 3\n\namended by 31/2009 s 23\ns 71S\n\ns 71S(1)\namended by 31/2009 s 24(1)\ns 71S(4)\nsubstituted by 31/2009 s 24(2)\ns 71U\n\ns 71U(2)\nsubstituted by 31/2009 s 25(1)\ns 71U(3)\namended by 31/2009 s 25(2)\ns 71U(4)\nsubstituted by 31/2009 s 25(3)\ns 71V\n\ns 71V(2)\namended by 31/2009 s 26\ns 71W\nsubstituted by 31/2009 s 27\nPt 6 Div 3A Subdiv 4\n\ns 71X\n\ns 71X(2)\namended by 79/2013 s 15\n\namended by 3/2021 s 19(1)—(3)\ns 71X(3)\ndeleted by 3/2021 s 19(4)\ns 71Y\n\ns 71Y(1)\ns 71Y amended and redesignated as s 71Y(1) by 79/2013 s 16(1), (2)\n\namended by 3/2021 s 20(1)\ns 71Y(2)\ninserted by 79/2013 s 16(2)\n\ndeleted by 3/2021 s 20(2)\ns 71YA\ninserted by 79/2013 s 17\n\ndeleted by 3/2021 s 21\ns 71Z before deletion by 3/2021\n\ns 71Z(1)\nsubstituted by 79/2013 s 18\ns 71Z(1a)\ninserted by 79/2013 s 18\ns 71Z\ndeleted by 3/2021 s 21\nPt 6 Div 3B\ninserted by 53/2007 s 46\nPt 6 Div 4\n\ns 72\n\ns 72(1)\n\namended by 10/2019 s 12(1), (2)\ns 72(2)\n\namended by 10/2019 s 12(3), (4)\ns 72(3)\n\namended by 10/2019 s 12(5)\ns 72(4)\n\ncivil claim Rule dispute\n\namended by 10/2019 s 12(6)\nrelevant person\ninserted by 10/2019 s 12(7)\nPt 6 Div 5\n\ns 73\n\nrelevant civil penalty provision\ndeleted by 37/2020 s 18\ntier 1 penalty provision\ntier 2 penalty provision\ntier 3 penalty provision\ns 74\n\ns 74(1)\namended by 53/2007 s 47(1)\n\namended by 7/2011 s 37\n\namended by 37/2020 s 19\ns 74(1a)\ninserted by 53/2007 s 47(2)\ns 74(2)\namended by 7/2011 s 37\ns 75\namended by 7/2011 s 38\n\namended by 37/2020 s 20\ns 76\nsubstituted by 37/2020 s 21\ns 79\n\ns 79(1) and (2)\namended by 7/2011 s 39\ns 81\namended by 53/2007 s 48\n\n amended by 7/2011 s 40\n\namended by 37/2020 s 22\ns 82\namended by 37/2020 s 23\ns 83\n\ns 83(1)\namended by 7/2011 s 41\n\namended by 37/2020 s 24\ns 83(2)\namended by 7/2011 s 41\nPt 6 Div 6\n\ns 84\ndeleted by 53/2007 s 49\ns 85\n\ns 85(1)\namended by 37/2020 s 25(1), (2)\ns 85(4)\ndeleted by 53/2007 s 50\ns 86 before substitution by 7/2011\n\ns 86(2)\ndeleted by 53/2007 s 51\ns 86\nsubstituted by 7/2011 s 42\n\namended by 37/2020 s 26\nPt 7\n\nPt 7 Div 1\n\nPt 7 Div 1 Subdivision 1\n\nheading inserted by 53/2007 s 52\ns 87\n\nAEMC initiated Rule\nAEMC Rule review\nelectricity market regulatory body\n\namended by 31/2009 s 29\ninterested person or body\ndeleted by 53/2007 s 53(1)\nmarket initiated proposed Rule\n\namended by 22/2022 s 9(1)\nmore preferable Rule\nproposed Rule\ninserted by 53/2007 s 53(3)\npublish\namended by 53/2007 s 53(4), (5)\n\namended by 3/2021 s 22\n\namended by 22/2022 s 9(2)\ntrial Rule\ninserted by 22/2022 s 9(3)\nurgent rule\namended by 31/2009 s 29\ns 88\ndeleted by 53/2007 s 54\nPt 7 Div 1 Subdivision 2\ninserted by 53/2007 s 54\ns 88C\ninserted by 22/2022 s 10\nPt 7 Div 2\n\nsubstituted by 53/2007 s 55\nPt 7 Div 2 Subdivision 1\n\ninserted by 12/2018 s 7\n\namended by 61/2025 Sch 1 cl 3\ns 90A\ninserted by 53/2007 s 56\ns 90AB\ninserted by 16/2022 s 6\ns 90B\ninserted by 31/2009 s 30\ns 90BA\ninserted by 33/2018 s 9\ns 90C\ninserted by 54/2009 s 6\ns 90D\ninserted by 7/2011 s 43\ns 90DA\ninserted by 22/2022 s 11\ns 90E\ninserted by 21/2015 s 22\ns 90EA\ninserted by 10/2019 s 13\ns 90EB\ninserted by 9/2021 s 8\ns 90EC\ninserted by 8/2023 s 11\ns 90ED\ninserted by 26/2023 s 7\ns 90EE\ninserted by 7/2025 s 9\ns 90EF\ninserted by 12/2024 s 12\ns 90EG\ninserted by 62/2024 s 5\ns 90EH\ninserted by 61/2025 Sch 1 cl 4\nPt 7 Div 2 Subdivision 2\ninserted by 12/2018 s 8\ns 90F\n\ns 90F(1)\nsubstituted by 61/2025 Sch 1 cl 5\nPt 7 Div 3\n\ns 91\n\ns 91(2)\nsubstituted by 53/2007 s 57\ns 91(6)\namended by 31/2009 s 31(1)\ns 91(7)—(9)\ninserted by 31/2009 s 31(2)\ns 91A\ninserted by 53/2007 s 58\ns 91B\ninserted by 53/2007 s 58\ns 91B(1)\nsubstituted by 7/2011 s 44\ns 92\n\ns 92(1)\namended by 53/2007 s 59\n\namended by 22/2022 s 12\ns 92A\ninserted by 53/2007 s 60\ns 93\nsubstituted by 53/2007 s 61\ns 94\nsubstituted by 53/2007 s 61\ns 94(1)\namended by 31/2009 s 32\n\namended by 22/2022 s 13(1), (2)\ns 94(2)\nsubstituted by 22/2022 s 13(3)\ns 94(7)\ninserted by 22/2022 s 13(4)\ns 94A\ninserted by 53/2007 s 61\ns 95\n\ns 95(1)\nsubstituted by 53/2007 s 62(1)\ns 95(1a)\ninserted by 53/2007 s 62(1)\ns 95(2)\namended by 53/2007 s 62(2)\ns 95(3)\ninserted by 53/2007 s 62(3)\ns 96\n\ns 96(1)\namended by 53/2007 s 63\n\namended by 12/2018 s 9\ns 96AA\ninserted by 22/2022 s 14\ns 96A\ninserted by 53/2007 s 64\ns 99\n\ns 99(1)\nsubstituted by 53/2007 s 65(1)\ns 99(1a) and (1b)\ninserted by 53/2007 s 65(1)\ns 99(2)\nsubstituted by 53/2007 s 65(2)\ns 99(4)\namended by 53/2007 s 65(3)\ns 100\namended by 31/2009 s 33\ns 101\n\ns 101(1)\nsubstituted by 53/2007 s 66(1)\n\namended by 31/2009 s 34\ns 101(1a)\ninserted by 53/2007 s 66(1)\n\namended by 31/2009 s 34\ns 101(2a)\ninserted by 53/2007 s 66(2)\ns 101(3)\nsubstituted by 53/2007 s 66(3)\ns 101(4)\namended by 53/2007 s 66(4)\ns 102\n\ns 102(1)\nsubstituted by 53/2007 s 67(1)\ns 102(1a)\ninserted by 53/2007 s 67(1)\ns 102(2)\nsubstituted by 53/2007 s 67(2)\n\namended by 22/2022 s 15\ns 102(3)\namended by 53/2007 s 67(3)\ns 102A\ninserted by 53/2007 s 68\n\nsubstituted by 31/2009 s 35\ns 103\n\ns 103(5)\ninserted by 22/2022 s 16\nss 104A—104D\ninserted by 22/2022 s 17\nPt 7 Div 4\n\ns 107\n\ns 107(1)\namended by 53/2007 s 69(1)\ns 107(2a)\ninserted by 53/2007 s 69(2)\ns 107A\ninserted by 53/2007 s 70\ns 108\n\ns 108(3)\namended by 53/2007 s 71\ns 108A\ninserted by 53/2007 s 72\ns 108B\ninserted by 12/2018 s 10\nPt 8\n\ns 109\n\nAEMO load shedding procedures\ninserted by 31/2009 s 36(2)\nNEMMCO load shedding procedures\ndeleted by 31/2009 s 36(1)\ns 110\n\ns 110(3) and (4)\ninserted by 31/2009 s 37\ns 111\n\ns 111(1)—(3)\namended by 31/2009 s 38(1)\ns 111(4)\nsubstituted by 31/2009 s 38(2)\ns 111(5)\ninserted by 31/2009 s 38(2)\ns 112\n\namended by 31/2009 s 39(1)\ns 112(1)\namended by 31/2009 s 39(2)\ns 112(2)\nsubstituted by 31/2009 s 39(3)\ns 113\nsubstituted by 31/2009 s 40\ns 114\namended by 31/2009 s 41\n\namended by 9/2021 s 9\ns 115\n\ns 115(1) and (2)\namended by 31/2009 s 42(1)\ns 115(4)\ninserted by 31/2009 s 42(2)\ns 115A\ninserted by 31/2009 s 43\ns 116\n\ns 116(1) and (3)\namended by 31/2009 s 44(1)\ns 116(2a)\ninserted by 31/2009 s 44(2)\ns 116(6)\n\ndeleted by 31/2009 s 44(3)\ns 117\n\ns 117(1)\namended by 31/2009 s 45\ns 118\n\ns 118(1)\ns 118 redesignated as s 118(1) by 31/2009 s 46\n\namended by 37/2020 s 27(1)\ns 118(2)\ninserted by 31/2009 s 46\n\namended by 37/2020 s 27(2)\nPt 8AA\ninserted by 62/2024 s 6\nPt 8A\ninserted by 54/2009 s 5\nPt 8A Div 1\n\ns 118A\n\nrelevant customer\ndeleted by 69/2013 s 5(1)\nrequired smart metering infrastructure\ndeleted by 69/2013 s 5(2)\nsmart metering services\ndeleted by 69/2013 s 5(3)\nPt 8A Div 3\ndeleted by 69/2013 s 6\nPt 9\n\ns 119\n\ns 119(1) and (5)\namended by 31/2009 s 47(1)\ns 119(7)\n\ndeleted by 31/2009 s 47(2)\nnetwork service provider\ndeleted by 53/2007 s 73\ndeleted by 53/2007 s 73\ns 120\n\ns 120(1) and (2)\namended by 31/2009 s 48(1)\ns 120(2A)\ninserted by 7/2011 s 45\ns 120(3)\namended by 31/2009 s 48(1)\ns 120(4)\namended by 53/2007 s 74\n\nsubstituted by 31/2009 s 48(2)\nss 120A and 120B\ninserted by 31/2009 s 49\ns 122\nPt 10\ns 128\n\ns 128(1)\nnote amended by 7/2011 Sch 1\ns 136\nnote inserted by 7/2011 s 46\ns 141\n\ns 141(2)\namended by 37/2020 s 28\ns 143\namended by 37/2020 s 29\ns 144\n\ns 144(1)\namended by 37/2020 s 30\ns 145\namended by 37/2020 s 31\nPt 11\ns 157\n\ns 157(1)\nnote inserted by 7/2011 s 47\ns 158\n\ns 158(1)\namended by 31/2009 s 50\nss 159 and 160\ninserted by 37/2020 s 32\nSch 1\n\nitem 4\nitem 5\namended by 31/2009 s 51(1), (2)\n\namended by 10/2019 s 14(1)\nitems 6A—6L\ninserted by 10/2019 s 14(2)\nitems 7 and 9\nitem 12\nsubstituted by 31/2009 s 51(3)\nitems 14A and 14B\ninserted by 53/2007 s 76(1)\nitem 16\n\nitem 16(1)\nitem 16 amended by 53/2007 s 76(2)\n\nitem 16 redesignated as item 16(1) by 31/2009 s 51(4)\nitem 16(2)\ninserted by 31/2009 s 51(4)\nitem 17\namended by 53/2007 s 76(3)\nitems 19 and 20\nsubstituted by 53/2007 s 76(4)\nitem 21\namended by 53/2007 s 76(6)\nitem 22\nsubstituted by 53/2007 s 76(5)\n\n(d) deleted by 33/2018 s 10(1)\nitem 23\namended by 53/2007 s 76(7)\nitem 24\namended by 53/2007 s 76(8), (9)\n\nsubstituted by 31/2009 s 51(5)\nitems 25 and 26\nsubstituted by 53/2007 s 76(10)\nitems 26A—26E\nitem 26F\n\n(d) deleted by 33/2018 s 10(2)\nitems 26G—26J\nitem 26K\n\nsubstituted by 31/2009 s 51(6)\nitems 26L and 26M\ninserted by 7/2011 s 48(1)\nitem 30\namended by 31/2009 s 51(7)\nitems 30A—30D\ninserted by 53/2007 s 76(11)\nitems 30E—30J\ninserted by 31/2009 s 51(8)\nitem 30K\ninserted by 21/2014 s 23\nitem 33\nitem 34\n\namended by 7/2011 s 48(2)\nitems 34A—34C\ninserted by 53/2007 s 76(12)\nitem 35\nitem 35A\ninserted by 16/2022 s 7\nitem 36A\ninserted by 31/2009 s 51(9)\nSch 2\n\nSch 2 Pt 1\n\ncl 1\n\ncl 1(2)\namended by 53/2007 s 77\nSch 2 Pt 2\n\ncl 2\n\ncl 2(2) and (3)\ncl 2(4)\n\nsubstituted by 3/2021 s 23(1)\ncl 2(4a) and (4b)\ninserted by 3/2021 s 23(1)\ncl 2(5)\ncl 2A\ninserted by 31/2009 s 52(1)\ncl 4\n\ncl 4(5)\ninserted by 53/2007 s 79\ncl 8\n\ncl 8(1)\n\nextrinsic material\ndeleted by 53/2007 s 80(1)\nLaw extrinsic material\ninserted by 53/2007 s 80(1)\nordinary meaning\namended by 53/2007 s 80(2)\nRule extrinsic material\ninserted by 53/2007 s 80(3)\ncl 8(2)\namended by 53/2007 s 80(4)\ncl 8(2a)\ninserted by 53/2007 s 80(5)\ncl 8(3)\namended by 53/2007 s 80(6)\nSch 2 Pt 3\n\ncl 10\n\nbusiness day\namended by 53/2007 s 81(1)\nmake\nsubstituted by 53/2007 s 81(2)\nSch 2 Pt 6A\ninserted by 53/2007 s 82\ns 31AC\n\nAER member\ns 31AD\n\namended by 33/2018 s 11(1)\ns 31AF\nsubstituted by 31/2009 s 52(2)\nSch 2 Pt 6B\ninserted by 53/2007 s 82\nSch 2 Pt 8\n\ncll 37A and 37B\ninserted by 37/2020 s 33(1)\ncl 39\n\ncl 39(3)\nsubstituted by 53/2007 s 83\n\namended by 37/2020 s 33(2)\ncl 39(4) and (5)\ninserted by 53/2007 s 83\ncl 39(6)\ninserted by 53/2007 s 83\namended by 21/2014 s 24\nSch 2 Pt 9\n\ncl 41\n\ncl 41(3)\ninserted by 53/2007 s 84\nstatutory instrument\namended by 33/2018 s 11(2)\n\namended by 10/2019 s 15(1)\ncl 41A\ninserted by 33/2018 s 11(3)\ns 41B\ninserted by 10/2019 s 15(2)\ncl 42\n\ncl 42(2) and (3)\ncl 42(4)\n\nsubstituted by 3/2021 s 23(2)\ncl 42(4a) and (4b)\ninserted by 3/2021 s 23(2)\ncl 42(5)\ncl 43A\ninserted by 33/2018 s 11(4)\nSch 3\n\nSch 3 Pt 1\n\ncl 1\n\nACCC\nnew commencement day\ninserted by 53/2007 s 86\nSch 3 Pt 3\n\ncl 4A\ninserted by 53/2007 s 87\nSch 3 Pt 6\n\ncll 10A and 10B\ninserted by 53/2007 s 88\nSch 3 Pt 9\n\ncl 16\n\ncl 16(1)\ncl 18\ninserted by 53/2007 s 89\nSch 3 Pt 10\ninserted by 31/2009 s 53\nSch 3 Pt 11\ninserted by 7/2011 s 49\nSch 3 Pt 12\ninserted by 21/2014 s 24\nSch 3 Pt 13\ninserted by 55/2016 s 11\nSch 3 Pt 14\ninserted by 56/2016 s 7\nSch 3 Pt 15\ninserted by 12/2018 s 11\nSch 3 Pt 16\ninserted by 33/2018 s 12\nSch 3 Pt 17\ninserted by 3/2021 s 24\nSch 3 Pt 18\ninserted by 26/2023 s 8\nTransitional etc provisions associated with Act or amendments\nNational Electricity (South Australia) (Ministerial Reliability Instrument) Amendment Act 2023, Sch 1\n1—Transitional provision\nA T‑3 reliability instrument made by the Minister under section 19B of the National Electricity (South Australia) Act 1996 (the South Australian Minister) and in effect immediately before the repeal of section 19B by Part 2 of this Act will be taken to continue in effect according to its terms as if it were a T‑3 reliability instrument made by the South Australian Minister under section 14JA of the National Electricity (South Australia) Law (as enacted by this Act).\nHistorical versions\nReprint No 1—11.6.1998\n\nReprint No 2—13.11.1998\n\nReprint No 3—15.7.2001\n\nReprint No 4—18.12.2003\n\n17.7.2008\n\n","sortOrder":65}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":887},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded dramatically from its original 1996 purpose of establishing a national electricity market. Major scope expansions include: (1) 2009 AEMO amendments adding transmission planning and declared network functions; (2) 2011 retail energy reforms; (3) 2014 consumer advocacy funding; (4) 2019 Retailer Reliability Obligation; (5) 2021 stand-alone power systems; (6) 2022 regulatory sandboxing and consumer data right; (7) 2023 Ministerial reliability instruments and emissions reduction objectives; (8) 2025 data access and wholesale market monitoring. The Act now encompasses retail markets, consumer protection, climate policy, innovation trials, and coal plant exit management — far beyond wholesale market operation."},"complexity_factors":["Extensive cross-referencing between the Act, Schedule (National Electricity Law), Regulations and Rules — creating a four-layer legislative structure","Over 100 defined terms in section 2 alone, many with nested definitions (e.g., 'regulated network service provider' depends on 'Registered participant' which depends on AEMO registration)","Multiple interlocking penalty regimes: criminal offences, civil penalty provisions (with tiered amounts up to $10M+), infringement notices, and enforceable undertakings","Nested exceptions and conditions throughout — e.g., disclosure of confidential information has 10+ authorised pathways with different procedural requirements","Part 7 (Rule-making) contains 20+ sections with multiple procedural tracks: standard, urgent, non-controversial, trial Rules, fast-track, and Minister-initiated Rules","Schedule 3 contains 18 separate Parts of savings and transitional provisions, indicating substantial historical amendment","Part 3 Division 1A on wholesale market monitoring creates a parallel information-gathering regime with 30+ sections of detailed procedural requirements","Rate of return instrument provisions (Division 1B) require mandatory consultation including consumer reference groups, independent expert panels, and specific publication timelines","Retailer Reliability Obligation (Part 2A) creates a complex forward-contracting regime with T-3 and T-1 instruments, net contract position calculations, and opt-in mechanisms","Orderly exit management (Part 8AA) establishes mandatory operation directions, financial vehicles, and cost recovery mechanisms with constitutional-style entrenchment provisions"],"plain_english_summary":"This is South Australia's **National Electricity Act 1996**, the foundational legislation that established Australia's national electricity market (NEM). Here's what it does:\n\n**Core purpose**\n- Creates a single, integrated wholesale electricity market across participating Australian states and territories\n- Sets up the legal framework for how electricity is generated, transmitted, distributed and traded nationally\n\n**Key bodies it establishes or empowers**\n- **AEMO** (Australian Energy Market Operator) — runs the wholesale electricity exchange and keeps the power system secure\n- **AER** (Australian Energy Regulator) — monitors compliance, investigates breaches, sets prices for network services, and can issue civil penalties\n- **AEMC** (Australian Energy Market Commission) — makes the detailed rules that govern the market\n\n**Main things it regulates**\n- **Registration**: Who can participate in the market (generators, network operators, traders)\n- **Network pricing**: How much transmission and distribution companies can charge\n- **Reliability obligations**: Requirements for retailers to ensure they have enough contracted supply to meet peak demand\n- **Rule-making**: A detailed process for creating and amending market rules\n- **Enforcement**: Civil penalties, infringement notices, court proceedings and enforceable undertakings for breaches\n\n**Who it affects**\n- Electricity generators, transmission and distribution network operators\n- Electricity retailers\n- Large energy users who trade directly in the wholesale market\n- Consumers (indirectly, through price and reliability protections)\n\n**Why it matters**\nThis law underpins how Australia's east-coast electricity system operates. It aims to promote efficient investment, keep prices reasonable, ensure reliability, and increasingly — since 2023 amendments — support emissions reduction targets. The Act has grown substantially over nearly 30 years, adding mechanisms for consumer data rights, regulatory sandboxing for innovation, orderly exit management for coal plants, and wholesale market monitoring powers."},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"The original Act in 1996 was a relatively simple enabling act to establish the National Electricity Market and adopt the National Electricity Law (then the Code). Over nearly 30 years, it has been amended dozens of times, dramatically expanding its scope. Originally focused on market operation and network access, it now includes: a detailed retailer reliability obligation (Part 2A) with mandatory contracting requirements and ministerial reliability instruments; an orderly exit management framework (Part 8AA) that allows a state minister to force a power station to keep running and impose costs on consumers; a binding rate of return instrument regime (Part 1B) prescribing how network returns are calculated; extensive wholesale market monitoring and data collection powers for the AER (Part 1A); trial waivers and trial rules for regulatory sandboxing (Part 1D); and provisions for stand-alone power systems, smart metering, and consumer data sharing. The scope has grown from a market-facilitation law to a comprehensive regulatory code covering network pricing, reliability mandates, generator closure management, and emissions reduction objectives."},"complexity_factors":["Extremely long document: the Act plus the Schedule (National Electricity Law) runs hundreds of pages with dense text.","More than 100 defined terms in the interpretation section, many of which are lengthy and cross-referenced.","Heavy reliance on cross-references: sections refer to other sections, parts, schedules, and also to external documents like the National Electricity Rules and National Gas Law.","Nested exceptions and qualifications: many provisions have multiple subclauses, conditions, and exceptions (e.g., rules about information gathering have numerous carve-outs for legal privilege, self-incrimination, etc.).","Multiple regulatory bodies with overlapping functions (AER, AEMC, AEMO, Reliability Panel, Energy Security Board), each with their own powers and procedures.","Complex rule-making procedures in Part 7: different pathways for urgent rules, non-controversial rules, trial rules, minister-initiated rules, with tight timeframes and consultation requirements.","Extensive civil penalty provisions with tiered penalty amounts that index every three years, and infringement notice regimes.","Parts that introduce entirely new regimes (e.g., Retailer Reliability Obligation, Orderly Exit Management) with their own definitions, obligations, and cost recovery mechanisms.","Numerous transitional provisions and savings clauses in Schedule 3, creating temporal complexity.","Instruments like rate of return instruments, reliability instruments, and trial waivers have the force of law but are made outside the usual legislative process."],"plain_english_summary":"This is the South Australian law that forms the legal foundation for Australia's National Electricity Market (NEM). Think of it as the rulebook for the wholesale electricity market that covers eastern and southern Australia. It sets up three key bodies: the Australian Energy Market Operator (AEMO) which runs the market day-to-day, the Australian Energy Market Commission (AEMC) which makes and changes the detailed market rules, and the Australian Energy Regulator (AER) which enforces those rules and regulates the monopoly electricity networks (poles and wires).\n\nThe law covers who can participate in the market (generators, retailers, network operators) and what they must do. It introduces a 'Retailer Reliability Obligation' that requires electricity retailers to have enough contracts to cover peak demand periods, or face penalties. There are new parts on managing the orderly closure of coal and gas power stations (Orderly Exit Management), and on allowing trials of new technologies (trial waivers and trial rules).\n\nThe AER has strong powers to demand information from energy companies, conduct audits, and impose fines for breaches. The AEMC can make rules that have the force of law, subject to a national objective of promoting efficient investment for consumers. The law also includes greenhouse gas emissions targets as part of that objective since 2023.\n\nImportantly, this is a 'model law' – other states and territories adopt their own versions of it, so the NEM operates under consistent rules across jurisdictions. The Act itself is updated frequently via amending acts, adding new market interventions and obligations."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. No content was returned from the source URL — only a website error page. The score reflects this uncertainty rather than any confirmed change in legislative scope."},"complexity_factors":["No legislative text was retrievable — analysis is based on title and general knowledge only","The Act is known to operate as an 'application Act' that applies a separate National Electricity Law, adding a layer of indirect complexity","National electricity law frameworks are inherently technical, involving energy market rules, regulatory bodies (like AEMO and the AER), and intergovernmental agreements","Complexity cannot be fully assessed without the actual text"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation content for the **National Electricity (South Australia) Act 1996** could not be retrieved. The source page returned a **\"Page Not Found\"** error, meaning the actual text of the law was not accessible at the time of analysis.\n\n### What we know from the title alone:\n- This is a **South Australian Act** that forms part of Australia's national electricity framework\n- It was enacted in **1996** and is the legal mechanism by which South Australia participates in the **National Electricity Market (NEM)** — a shared electricity grid and trading system covering most of eastern and southern Australia\n- Acts like this typically work by **applying a national law** (the National Electricity Law) as if it were a state law, allowing a single set of rules to govern electricity across multiple states\n- It affects **electricity retailers, generators, network operators, and ultimately every household and business** that pays an electricity bill in South Australia\n\n### Why this matters to you:\nIf you live or run a business in South Australia, this Act is part of the legal backbone that determines **how electricity is generated, transmitted, priced, and regulated** in your state.\n\n> 🔧 *To access the actual legislation, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Act title.*"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/national-electricity-south-australia-act-1996","history":"/api/acts/national-electricity-south-australia-act-1996/history","analysis":"/api/acts/national-electricity-south-australia-act-1996/analysis","conflicts":"/api/acts/national-electricity-south-australia-act-1996/conflicts","importantCases":"/api/acts/national-electricity-south-australia-act-1996/important-cases","documents":"/api/acts/national-electricity-south-australia-act-1996/documents"}}