Electricity (General) Regulations 2012

Part 1—Preliminary 1—Short title These regulations may be cited as the Electricity (General) Regulations 2012. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Electricity Act 1996; active, in relation to a conductor, means— (a) any 1 of the conductors of a power system which is maintained at a difference of potential from— (i) the neutral conductor; or (ii) an earthed conductor; or (b) if a power system does not include a neutral or earthed conductor—all conductors; aerial line means a powerline placed above the ground and in the open air; AS or Australian Standard, followed by a number, or AS/NZS or Australian/New Zealand Standard followed by a number, is a reference to the standard published by Standards Australia as in force from time to time; centre‑line, in relation to an aerial line, means a notional vertical plane extending upwards from any point on the ground and running through, and connecting, the centre of each structure that supports the aerial line; circuit means any number of conductors connected together for the purpose of carrying current; conductor means a wire, or other form of conducting material suitable for carrying current, other than wires, cables or other metallic parts directly used in converting electrical energy into another form of energy; connection point means a connection point to a transmission or distribution network; facade mounted line means an aerial line attached to a building; high voltage or HV, in relation to electricity, means electricity at a voltage exceeding 1 000 volts alternating current (ac) or 1 500 volts direct current (dc); insulated means contained within a material or medium (including air) in order to limit the flow of current between conductors at different potentials; insulated conductor means a conductor that— (a) is wholly covered with insulating material in accordance with the appropriate requirements of the relevant Approval and Test specification of an Australian Standard; or (b) is of a type approved by the Technical Regulator; live—a term applied to an object when a difference of potential exists or would exist between it and earth under normal conditions of operation, including all metal connected to the neutral conductor of the supply system even if such neutral is earthed at the source of supply; but the following are not to be taken to be live: (a) earthing conductors; (b) copper sheaths of Mineral Insulated Metal Sheathed (MIMS) cables used in Earthed Sheathed Return (ESR) systems; (c) neutral busbars or links in installations where the multiple earthed neutral system is employed; low voltage or LV has the same meaning as in AS/NZS 3000; metering provider has the same meaning as in section 59(5) of the Act; multiple earthed neutral system or MEN system means a system of earthing in which the parts of an electrical installation required by AS/NZS 3000 to be earthed— (a) are connected to the general mass of earth; and (b) are connected within the installation to the neutral conductor of the supply system; nominal system voltage means the voltage by which a system of supply is designated and to which certain operating characteristics of that system of supply are referred in accordance with AS 2926 (as in force immediately before it was superseded); operator, in relation to a transmission or distribution network, any electricity infrastructure or any electrical installation, means the person who operates, owns or controls the network, infrastructure or installation; other cable system means— (a) telecommunication and control cables; or (b) aerial earthed cables; or (c) electrolysis drainage cables, attached to, or in the vicinity of, structures supporting cables under the control of an electricity entity; retail contract means a contract between an electricity entity and a customer for the sale and purchase of electricity; service line means the terminating span of a powerline— (a) constructed or designed or ordinarily used for the supply of electricity at low voltage; and (b) through which electricity is or is intended to be supplied by an electricity entity to a customer from the transmission or distribution network of the entity; substation means any premises or place (including a switchyard) in which high voltage supply is converted, controlled or transformed; technical installation rules of the operator of a transmission or distribution network, means the safety and technical requirements of the operator relating to electrical installations that must be complied with if electricity supply from the network is to be connected to the installations; U, in relation to voltage of electricity, means nominal system voltage; underground line means a powerline which is placed under the ground, including those portions which are erected above the ground. (2) A provision contained in a standard, code, guide or other document that is required to be complied with under these regulations is not, despite that requirement, to be taken to be a mandatory provision for the purposes of these regulations unless it is expressed in mandatory terms. (3) In subregulation (2), a reference to a standard, code, guide or other document includes a reference to a part of a standard, code, guide or other document. 4—Interpretation—definition of annual electricity consumption level (1) For the purposes of the definition of annual electricity consumption level in section 4 of the Act, the following provisions apply to the determination of a customer's annual electricity consumption level: (a) the customer's annual electricity consumption level is to be determined for each metered connection point through which the customer has or seeks electricity supply under a retail contract; (b) if the customer has been entitled under a retail contract to electricity supply through the connection point for the 12 months immediately preceding the relevant day, the customer's annual electricity consumption level for the connection point is— (i) the actual volume of the electricity supply, expressed in MW.h, through the connection point for that 12 month period as measured by the meter at the connection point; or (ii) if the measurement of the volume of electricity by the meter has been significantly affected by inaccuracies during that 12 month period—the estimated volume of the electricity supply, expressed in MW.h, through the connection point for the 12 months immediately following the relevant day; (c) if the customer has not been entitled under a retail contract to electricity supply through the connection point for the 12 months immediately preceding the relevant day, the customer's annual electricity consumption level for the connection point is the estimated volume of the electricity supply, expressed in MW.h, through the connection point for the 12 months immediately following the relevant day; (d) an estimate is to be made for the purposes of paragraph (b) or (c) taking into account relevant past electricity consumption levels, the electricity consumption level of plant and equipment to be powered through the connection point, the operations for which electricity is required to be supplied through the connection point and other relevant factors; (e) the determination of the actual or estimated volume of electricity supply through the connection point may be by agreement between the customer and the electricity entity or, failing such agreement, will be a matter for the decision of the Commission on application to the Commission by the customer or the entity; (f) a determination under this regulation of the customer's annual electricity consumption level for the connection point continues in operation from the relevant day until— (i) the customer ceases to be entitled to electricity supply through the connection point under a retail contract with the electricity entity; or (ii) a subsequent determination is made under this regulation of the customer's annual electricity consumption level for the connection point, whichever first occurs; (g) at least 12 months must elapse from the relevant day before a subsequent determination is made under this regulation of the customer's annual electricity consumption level for the connection point. the relevant day, in relation to the determination of the customer's annual electricity consumption level for the connection point, means— (a) the day on which the determination is made; or (b) if some earlier or later day is agreed to by the customer and the electricity entity, or is decided on by the Commission, as the relevant day for the purposes of the determination—that day. 5—Interpretation—definition of electrical installation (1) For the purposes of the definition of electrical installation in section 4 of the Act, each of the following is an electrical installation: (a) a set of wires and associated fittings, equipment and accessories installed for the conveyance, control, measurement or use of electricity for general power and lighting in a place used for electricity generating operations, or incidental or related operations; (b) a set of wires and associated fittings, equipment and accessories installed for the conveyance, control, measurement or use of electricity for general power and lighting in any place where electricity is supplied, or is to be supplied, for consumption in that place by a non‑recreational vehicle, recreational vehicle or relocatable unit; (c) a set of wires and associated fittings, equipment and accessories installed for the conveyance, control, measurement or use of electricity for general power and lighting in any place where electricity is supplied, or is to be supplied, for consumption in that place during a public event. motor vehicle has the same meaning as in the Motor Vehicles Act 1959; non‑recreational vehicle means a motor vehicle or trailer, other than a recreational vehicle, that has provision for, or is intended for, connection to a low voltage supply of electricity from an external source; public event means any carnival, concert, exhibition, fair, festival, game, parade, performance, show, sport or other event that is open to the public (whether on payment or free of charge); recreational vehicle means a caravan (including a pop‑up or fifth‑wheel caravan), camper van or trailer, motor home, slide‑on camper, tent trailer or other motor vehicle or trailer that is designed, adapted or converted for use as accommodation for recreational purposes and has provision for, or is intended for, connection to a low voltage supply of electricity from an external source; relocatable unit means a prefabricated building or structure that is designed for human occupation or use, can be relocated from one site to another and has provision for, or is intended for, connection to a low voltage supply of electricity from an external source; trailer has the same meaning as in the Motor Vehicles Act 1959. 6—Interpretation—definition of electricity infrastructure For the purposes of the definition of electricity infrastructure in section 4 of the Act, a set of wires and associated fittings, equipment and accessories installed for the conveyance, control, measurement or use of electricity for general power and lighting in a place used for electricity generating operations, or incidental or related operations, does not form part of electricity infrastructure. 7—Interpretation—definition of generation For the purposes of the definition of generation in section 4 of the Act, the operation of a set of wires and associated fittings, equipment and accessories installed for the conveyance, control, measurement or use of electricity for general power and lighting in a place used for electricity generating operations, or incidental or related to an electrical installation is not the generation of electricity. 8—Interpretation—definition of small customer For the purposes of the definition of small customer in section 4 of the Act, each customer whose annual electricity consumption level for a connection point is less than 160 MW.h is classified as a small customer in relation to electricity supply to the customer through the connection point. 9—Interpretation—definition of retailing For the purposes of the definition of the term in section 4 of the Act, retailing of electricity does not include the following activities: (a) a customer charging for the supply of electricity if the charge forms an unspecified part of rent or charges for the occupation or use of premises; (b) a holder of a licence authorising the operation of an electricity generating plant charging a fee for supplying electricity to another person who is the holder of a licence authorising the operation of a transmission or distribution network. 10—Interpretation—definition of electricity supply industry (1) For the purposes of the definition of electricity supply industry in section 4 of the Act, the following are operations of a prescribed kind: (a) the provision, operation or maintenance of poles, equipment, fittings or wiring associated with the provision of lighting in a street or other place; (b) operations conducted in relation to the Leigh Creek township, railway or mine by— (i) Flinders Power Pty Ltd (ACN 082 988 270); or (ii) NRGenerating Holdings (No. 2) GmbH (ARBN 094 284 723), Flinders Labuan (No. 1) Ltd (ARBN 094 284 812) and Flinders Labuan (No. 2) Ltd (ARBN 094 284 769), or a body related to any of those bodies. (2) Bodies are related for the purposes of this regulation if— (a) 1 takes over or otherwise acquires the business or part of the business of the other; or (b) they are related bodies corporate within the meaning of the Corporations Law; or (c) a series of relationships can be traced between them under paragraph (a) or (b). 11—Compliance with standards that are varied or substituted (1) Despite a requirement of these regulations for work to be carried out in accordance with a standard as in force from time to time, where the standard is varied or substituted, work for the installation, commissioning or modification of electricity infrastructure or an electrical installation may be carried out in accordance with the old standard— (a) if— (i) design work for that installation, commissioning or modification commenced before (but not more than 1 month before) the publication of the new standard and the work is to be completed within 1 year after that publication; or (ii) the work (disregarding design or other preparatory work) had commenced before the publication of the new standard and is to be completed within 1 year after that publication; or (iii) the work commenced after the publication of the new standard and is to be completed within 6 months after that publication; or (iv) the work is to be undertaken under a contract based on the old standard and entered into before the publication of the new standard and is to be completed within 1 year after that publication; or (v) the work is connected with the construction of premises and construction work had commenced before the publication of the new standard and is to be completed within 1 year after that publication; or (b) in any other case—with the approval of the Technical Regulator, on terms and conditions the Technical Regulator considers appropriate. (2) If— (a) pursuant to subregulation (1) work is purportedly carried out in accordance with an old standard; and (b) the work complies with that old standard, an approval or certification that the work complies with the standard may be given for the purposes of these regulations. (a) a reference to a standard includes a reference to— (i) a code, guide or other document; and (ii) a part of a standard, code, guide or other document; and (b) a standard as in force following the variation or substitution of the standard is referred to as the new standard; and (c) a standard as in force immediately prior to the variation or substitution of the standard is referred to as the old standard; and (d) a reference to work includes a reference to examinations and tests related to the work. (4) This regulation does not apply in relation to the National Electricity Rules or a code made by the Commission under the Essential Services Commission Act 2002. (5) This regulation does not apply in relation to regulations 55B to 55G (inclusive) or Part 10 Division 1A.

Part 2—Administration 12—Functions and powers of Commission (1) Pursuant to section 6A of the Act, the Commission has (in addition to the Commission's functions and powers under the Act and the Essential Services Commission Act 2002) the following functions and powers: (a) if a sale/lease agreement (within the meaning of the Electricity Corporations (Restructuring and Disposal) Act 1999) contemplates that the Commission will determine certain matters—to determine those matters in accordance with the terms of the agreement; (b) functions and powers conferred on the Jurisdictional Regulator under the National Electricity Rules to the extent that those functions and powers are not authorised by the State, pursuant to the National Electricity Rules, to be exclusively performed or exercised by some other body or bodies; (c) on or before 31 August in each year, to submit to the Minister and publish on its website a report prepared for the purposes of monitoring prices for the sale of electricity available to a small customer under the National Energy Retail Law (South Australia) during the immediately preceding financial year containing the information required by the Minister under subregulation (2). (2) The Minister may require the following information for the year to which the report relates to be included in a report prepared under subregulation (1)(c): (a) comparisons of standing offer prices of NERL retailers generally available to classes of small customers in South Australia; (b) estimates relating to the annual cost to a small customer of electricity supplied to the customer (based on a reasonable estimate of the average annual level of consumption of electricity by a small customer in South Australia) under each standard retail contract of NERL retailers generally available to classes of small customers in South Australia; (c) details relating to the difference in annual cost to a small customer of electricity supplied to the customer (based on a reasonable estimate of the average annual level of consumption of electricity by a small customer in South Australia) under market offer prices of NERL retailers generally available to classes of small customers in South Australia compared to the cost to that customer under standing offer prices of NERL retailers generally available to classes of small customers in South Australia; (d) such other information as the Minister requires in writing to be included. (3) The Minister may require the information referred to in subregulation (2) to be presented in such manner and form as the Minister considers appropriate, including in the form of variations or trends over time. market offer prices, standard retail contract and standing offer prices have the same respective meanings as in the National Energy Retail Law. 13—Functions of Technical Regulator—major interruptions to electricity supply (1) Pursuant to section 8(ca) of the Act, the Technical Regulator must, in relation to major interruptions to the electricity supply in the State, after taking into account the operation of subregulation (2), comply with the requirements set out in subregulation (3). (2) The Technical Regulator will determine whether to act under this regulation after taking into account the significance of the interruption and, for that purpose, the Technical Regulator should have regard to— (a) the actual or likely duration of any interruption; and (b) the number of customers affected, or likely to be affected, by any interruption; and (c) such other factors as the Technical Regulator determines to be relevant. (3) The Technical Regulator must, in acting under this regulation in relation to the monitoring and investigation of major interruptions to the electricity supply in the State, advise the Minister in respect of— (a) the causes or likely causes of such interruptions; (b) the nature and extent of such interruptions; (c) the actual and likely effects and duration of such interruptions; (d) the steps taken by regulated entities and others to manage such interruptions and to restore and maintain electricity supply; (e) the adequacy, appropriateness and timeliness of those steps; (f) the action that should be taken by regulated entities and others to minimise the likelihood of such interruptions in the future; (g) any other matter relating to such interruptions that the Technical Regulator considers appropriate. 13A—Functions of Technical Regulator—technical and safety standards relating to switching (1) For the purposes of section 8(d) of the Act, the Technical Regulator has (in addition to the Technical Regulator's functions and powers under the Act) the function of making technical and safety standards relating to switching in connection with the safe operation of a transmission or distribution network, including in relation to electricity infrastructure or an electrical installation connected to, or used in connection with, a transmission or distribution network (the switching manual). (2) In addition, the switching manual may provide for any other matter relating to switching that the Technical Regulator considers appropriate. (3) The Technical Regulator may vary or revoke the switching manual. (4) A relevant entity must, in accordance with the switching manual— (a) provide such information and assistance as is required by the Technical Regulator for the purposes of preparing and maintaining the switching manual; and (b) prepare and maintain a manual (an internal switching manual) which— (i) specifies the technical requirements of the relevant entity in relation to switching; and (ii) is consistent with the switching manual; and (iii) addresses all matters set out in the switching manual relevant to the operations of the relevant entity; and (c) ensure that any person with whom the relevant entity enters into— (i) a connection agreement relating to network services provided by the relevant entity; or (ii) an agreement to perform work to which the switching manual relates for the relevant entity, is required under the agreement to comply with the relevant entity's internal switching manual. (5) The Technical Regulator may, before making, varying or revoking the switching manual, consult with such representative bodies and participants in the electricity supply industry as the Technical Regulator considers appropriate. (6) The Technical Regulator must— (a) give notice of the making, variation or revocation of the switching manual to each electricity entity to which the switching manual applies; and (b) ensure that a copy of the switching manual (as in force from time to time) is published on a website determined by the Technical Regulator. (7) The switching manual, or a variation or revocation of the switching manual, takes effect from a date fixed by the Technical Regulator and the Technical Regulator must— (a) give notice of the date fixed to each electricity entity given notice of the making, variation or revocation under subregulation (6)(a); and (b) publish notice of the date fixed on a website determined by the Technical Regulator. (8) The switching manual published by the Technical Regulator may— (a) be of general or limited application; and (b) provide that a matter or thing in respect of which the switching manual applies is to be determined according to the discretion of the Technical Regulator, or any other person determined or approved by the Technical Regulator; and (c) provide for exemptions to be granted (with or without conditions) by the Technical Regulator, or any other person authorised by the Technical Regulator; and (d) apply, adopt or incorporate, with or without modification, any code, standard or other document prepared or approved by a body or authority referred to in the switching manual as in force from time to time or as in force at a specified time. (9) If a code, standard or other document is applied, adopted or incorporated in the switching manual— (a) a copy of the code, standard or other document must be published on a website determined by the Technical Regulator; and (b) in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document apparently certified by or on behalf of the Technical Regulator as a true copy of the code, standard or other document. (10) The Commission— (a) is required to impose a condition on a relevant licence that the licence holder comply with the requirements in subregulation (4), in accordance with section 21(2) of the Act (so that a failure to do so will constitute a contravention of a condition of the licence); and (b) is to vary conditions of a relevant licence to ensure that the licence holder comply with the requirements in subregulation (4), in accordance with section 27(1) of the Act (so that a failure to do so will constitute a contravention of a condition of the licence). (11) In this regulation— internal switching manual—an internal switching manual is a manual prepared by an electricity entity under subregulation (4)(b); relevant entity means the holder of a relevant licence or a person exempted from the requirement to hold such a licence; relevant licence means any of the following licences under the Act: (a) a licence authorising the generation of electricity; (b) a licence authorising the operation of a transmission or distribution network; (c) a licence authorising system control over a power system; switching manual—the switching manual is the manual prepared by the Technical Regulator under subregulation (1). 13B—Functions of Technical Regulator—planning and forecasting (1) For the purposes of section 8(d) of the Act, the Technical Regulator has (in addition to the Technical Regulator's functions under the Act) the following functions: (a) undertaking planning and forecasting activities to assess the least cost pathway for the development of the South Australian power system; (b) providing a report to the Minister on the least cost pathway for the development of the South Australian power system— (i) at the frequency directed by the Minister under subregulation (2)(a); or (ii) if no direction under subregulation (2)(a) is in effect—at least twice in each year; (c) advising the Minister (on the Technical Regulator's own initiative or at the request of the Minister) on the development of the South Australian power system. (2) The Minister may, in relation to the performance of the Technical Regulator's reporting function under subregulation (1)(b), by written notice, direct the Technical Regulator about— (a) how frequently the Technical Regulator must provide a report to the Minister; and (b) any objectives, principles, standards or targets which the Technical Regulator must take into account when preparing a report; and (c) the period into the future that the Technical Regulator must consider in a report; and (d) any constraints which the Technical Regulator must consider when preparing a report. (3) In addition, the Technical Regulator must, on an annual basis, prepare and publish on a website maintained by the Technical Regulator a report on the least cost pathway for the development of the South Australian power system. (4) The Minister may, by written notice, specify— (a) the manner and form in which a report under subregulation (3) is to be prepared; and (b) information which must be included in a report under subregulation (3); and (c) the period within which a report under subregulation (3) is to be prepared and published. 14—Function associated with use of emergency powers (1) A responsible officer is to fulfil obligations under a protocol agreed by the jurisdictions participating in the National Electricity Market (ie the market regulated by the National Electricity Law) relating to the use of emergency powers that may affect the operation of that market. (2) Without limiting subregulation (1), a responsible officer may assume operational responsibility for managing power system emergencies under any relevant plan established or adopted by AEMO. the Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of the Act; responsible officer means an officer within the Department nominated by the Minister to be a responsible officer for the purposes of this regulation.

Part 3—Licensing of electricity entities 15—Exemptions from requirement to be licensed (1) A person who carries on operations in the electricity supply industry (the operator) is exempt from the requirement to hold a licence under the Act authorising the operations if the electricity in relation to which the operations are carried on is only for the consumption of 1 or more of the following: (a) the operator; (b) a designated body; (c) a person at premises occupied or used by the person as a tenant or licensee (whether directly or indirectly) of the operator or a designated body where that person is not charged for the supply of electricity except by an electricity entity or as an unspecified part of rent or charges for the occupation or use of the premises. (2) A person who carries on the generation of electricity is exempt from the requirement to hold a licence under the Act authorising the operations if— (a) the generating plant has a rated nameplate output of 100 kVA or less; or (b) the person does not supply electricity for reward to or by means of a transmission or distribution network. (3) A person who carries on operations as an inset network operator or inset network retailer is exempt from the requirement to hold a licence under the Act authorising the operations on the condition that an inset customer must have an effective right of access to a licensed retailer of the customer's choice. (5) An exemption under this regulation is (in addition to any other condition to which it is expressed to be subject under this regulation) subject to the condition that the person comply with any requirement imposed by or under the Act, these regulations, the National Electricity Rules or a code made by the Commission under the Essential Services Commission Act 2002 as if the person were an electricity entity authorised by a licence to carry on the operations to which the exemption relates. (6) An exemption from subregulation (5), or from specified requirements referred to in that subregulation, may be granted by— (a) in relation to Part 6 of the Act or Part 10, Part 11 and Part 12 of these regulations or any safety requirement—the Technical Regulator, on terms and conditions the Technical Regulator considers appropriate; or (b) in any other case—the Commission, on terms and conditions the Commission considers appropriate. (7) For the purposes of this regulation, an inset customer has an effective right of access to a licensed retailer of the customer's choice only if the customer may— (a) have access to and use the inset network for the purpose of consuming electricity purchased by the customer from a licensed retailer of the customer's choice; and (b) install, maintain and use meters and other equipment necessary for that purpose, without any charge being payable by the customer (other than to the licensed retailer) or by the licensed retailer. (8) In this regulation— community or strata title premises means premises the subject of the same community plan under the Community Titles Act 1996 or the same strata plan under the Strata Titles Act 1988; designated body means a body or group of persons designated by the Minister by notice in the Gazette; inset customer, in relation to an inset network, means a person (other than the inset network operator or the inset network retailer) who has or seeks a supply of electricity from the inset network; inset network means a transmission or distribution network that serves only a group of premises in the same ownership or community or strata title premises; inset network operator means a person who operates an inset network; inset network retailer means a person (other than an electricity entity) who retails electricity supplied through an inset network; licensed retailer means an electricity entity licensed to retail electricity; premises includes part of premises. (9) The Minister may— (a) by notice in the Gazette, designate a body or group of persons for the purposes of the definition of designated body; and 16—Licence fees and returns (1) For the purposes of section 20(2) of the Act, the licence fee, or the first instalment of the licence fee, (as the case may require) must be paid before the anniversary in each year of the day on which the licence was issued. (2) For the purposes of section 20(2) of the Act, an annual return must be lodged before 31 August in each year. (3) For the purposes of section 20(5) of the Act, the penalty for default— (a) for failing to pay a licence fee, or an instalment of a licence fee, is 10% per annum of the outstanding amount calculated daily on a cumulative basis; (b) for failing to lodge an annual return is $500. (4) The following costs are prescribed for the purposes of paragraph (d) of the definition of administrative costs in section 20(7) of the Act: (a) the costs of any committee established for the purpose of advising the Minister in relation to the preparation of programs for the undergrounding of powerlines under section 58A of the Act; (b) the costs of administration of the Energy Products (Safety and Efficiency) Act 2000; (c) the costs of administration of the Australian Energy Market Commission in relation to the electricity supply industry in South Australia in the financial year to which the licence relates. 17—Consideration of application for licence Pursuant to section 17(3)(d) of the Act, the following are prescribed as matters that the Commission may consider in deciding whether an applicant is a suitable person to hold a licence authorising the retailing of electricity: (a) whether the applicant holds or has held such a licence; (b) if the applicant holds such a licence—the duration of contracts for the retailing of electricity entered into by the applicant; (c) if the applicant holds or has held such a licence—whether the applicant has been guilty of a contravention of a condition of the licence or any other contravention of a requirement imposed by or under the Act in connection with the operations authorised by the licence. 17A—Prescribed condition—use of prepayment meter system (1) In accordance with section 21(2) of the Act, the Commission is required to impose on the relevant licence the condition that the holder of the licence only sell electricity to prescribed customers using a prepayment meter system. (2) This regulation applies in relation to the relevant licence despite the fact that it was issued before the commencement of this regulation. (3) Despite subregulation (1), the Minister may grant the holder of the relevant licence an exemption from complying with the condition applying under that subregulation in relation to the supply of electricity to a specified prescribed customer, or a prescribed customer of a specified class. (4) An exemption under subregulation (3)— (a) may be granted subject to specified conditions; and (b) may be varied or revoked by the Minister. (5) In this regulation— excluded customer means a small customer who is required under a contract for the sale of electricity in a prescribed area in force immediately before the commencement of the Electricity (General) (Payment Condition) Variation Regulations 2021 to pay for electricity supplied under the contract; prepayment meter system has the same meaning as in the National Energy Retail Law; prescribed area means— (a) Trust Land within the meaning of the Aboriginal Lands Trust Act 2013; or (b) "the lands" within the meaning of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or (c) "the lands" within the meaning of the Maralinga Tjarutja Land Rights Act 1984; prescribed customer means a small customer supplied (or seeking the supply of) electricity in a prescribed area, other than an excluded customer; relevant licence means the licence authorising the retailing of electricity under the Act to prescribed customers. 17B—Prescribed conditions—designated services (1) In accordance with section 21(2) of the Act, the Commission is required to impose the following conditions on the following licences: (a) on the relevant distribution licence—the condition that the holder of the licence procure, for the amount and in the instalments set out in subregulation (2), designated services from the holder of the relevant generation licence; (b) on the relevant generation licence—the condition that the holder of the licence provide designated services to the holder of the distribution licence. (2) The amount for which designated services are to be procured in accordance with the condition that the Commission is required to impose under subregulation (1)(a) is $19.5 million paid in the following instalments: (a) one‑third of the amount is to be paid on or before 30 June 2023; (b) one‑third of the amount is to be paid on or before 30 June 2024; (c) one‑third of the amount is to be paid on or before 30 June 2025. (3) If the holder of the relevant generation licence fails at any time during the prescribed period to provide designated services as required by that licence— (a) the holder of the relevant distribution licence will not be taken to breach the condition that is required to be imposed by the Commission under subregulation (1)(a) on account of the failure; and (b) no liability attaches to the holder of the relevant distribution licence on account of the failure. (4) This regulation applies in relation to the relevant distribution licence and the relevant generation licence despite the fact that each licence was issued before the commencement of this regulation. (5) In this regulation— designated services means services to maintain Torrens Island Power Station Unit B2 as an available and functioning electricity generating plant during the prescribed period; The continued operation of Torrens Island Power Station Unit B2 during the prescribed period contributes to the secure and reliable operation of the State's power system. prescribed period means 1 September 2023 to 30 June 2026 (inclusive); relevant distribution licence means the licence under the Act authorising the operation of a distribution network held by an electricity entity that is a network service provider (within the meaning of the National Electricity (South Australia) Law) that owns, controls or operates a distribution system; relevant generation licence means the licence under the Act authorising the generation of electricity and under which Torrens Island Power Station Unit B2 is operated. 18—Prescribed class of customers for purposes of section 24(2)(b) of Act For the purposes of section 24(2)(b) of the Act, each small customer is a customer of a prescribed class. 19—Prescribed date for purposes of section 24(2)(d) of Act For the purposes of section 24(2)(d) of the Act, 1 July 2004 is the prescribed date. 20—Prescribed information in small customer accounts for purposes of section 24(2)(da) of Act For the purposes of section 24(2)(da) of the Act, the following provisions apply: (a) the electricity entity must include in each account for electricity charges sent to a small customer for electricity supply through a particular metered connection point the following information: (i) the customer's average daily consumption level, expressed in kW.h, of electricity supplied through the connection point for the period to which the account relates; (ii) the customer's average daily consumption level, expressed in kW.h, of electricity supplied through the connection point for each period during the preceding 12 months in respect of which the customer was sent by the entity an account for electricity supply through the connection point; (iii) the average daily cost to the customer of electricity supplied to the customer through the connection point during the period to which the account relates; (b) the electricity entity must also include in each account for electricity charges sent to a small customer the following statement: For more information about energy efficiency, visit www.escosa.sa.gov.au or call ........................ [telephone number as specified by the Commission by written notice to the entity]. 21—Ombudsman scheme For the purposes of sections 23(1)(k) and 24(2)(l) of the Act, the gas supply industry is prescribed. 21A—Variation of licences by Commission In accordance with section 98(2)(e) of the Act, the Commission is, in varying the conditions of a licence for the purpose of complying with regulation 17A(1) or 17B(1), exempt from the application of section 27(2) of the Act. 21B—Exemption from consultation with consumer bodies In accordance with section 98(2)(e) of the Act, the Commission is, in varying the conditions of a licence for the purpose of complying with regulation 17B(1), exempt from the application of section 28A of the Act.

Part 4—Retailer Energy Productivity Scheme

Division 1—Preliminary 22—Application (1) The following provisions apply in relation to the application of this Part to a regulated entity authorised to sell electricity by retail (whether or not the entity is required to hold a licence under the Act): (a) this Part applies in a calendar year to a regulated entity if, as at 30 June in the preceding year, the regulated entity sold electricity as a retailer to a number of residential customers within South Australia equal to or greater than the threshold set for the purposes of this paragraph; (b) without derogating from paragraph (a), this Part, other than regulation 25 or 27, applies in a calendar year to a regulated entity if, during the preceding financial year, the regulated entity purchased a quantity of electricity, excluding designated electricity purchases, equal to or greater than the threshold set for the purposes of this paragraph for retailing to customers within South Australia. (2) For the purposes of subregulation (1)(a) and (b), the Minister must, by notice in the Gazette, set the relevant thresholds for a 5 year period at the time of setting the annual energy productivity targets for the purposes of this Part. (3) This regulation applies subject to the operation of regulations 26(5) and 27(4). designated electricity purchase means a purchase of electricity of a kind determined by the Minister by notice in the Gazette; residential customer means a small customer— (a) who acquires electricity primarily for domestic use; and (b) who satisfies other criteria (if any) determined by the Commission for the purposes of this definition. 23—Interpretation (1) In this Part, unless the contrary intention appears— energy credit, in relation to energy productivity activities, means the difference between the amount of normalised gigajoules actually achieved by a retailer in a year through the conduct or acquisition of energy productivity activities under this Part and the EPT that applies to the retailer for that year (if the difference is positive); energy productivity activity means an activity or measure determined by the Minister under regulation 28 to be an energy productivity activity for the purposes of this Part; EPT—see regulation 24; priority group household means residential premises in which a person of a class determined by the Minister for the purposes of these regulations resides; relevant electricity retailer means a regulated entity within the ambit of regulation 22(1); relevant gas retailer means a relevant gas retailer within the meaning of Part 4 of the Gas Regulations 2012; retailer means a relevant electricity retailer or a relevant gas retailer. (2) For the purposes of this Part, an energy productivity activity undertaken in accordance with this Part will be taken to have been undertaken on the day on which the activity is reported to the Commission under regulation 33.

Division 2—Energy productivity activities 24—Energy productivity targets (1) The Minister must, by notice in the Gazette, set the annual energy productivity targets for the purposes of this Part, being the amount of normalised gigajoules required to be achieved by retailers through the carrying out of energy productivity activities in accordance with this Part and Part 4 of the Gas Regulations 2012. (2) The Minister must, for the purposes of subregulation (1), set annual energy productivity targets relating to each of the following 5 year periods: (a) 2021 to 2025 (inclusive); (b) 2026 to 2030 (inclusive). (3) The Commission must set an annual energy productivity target (EPT) for each retailer by apportioning the relevant annual target set by the Minister between retailers in accordance with any requirements of the Minister. 25—Primary and secondary subtargets (1) The Minister may, by notice in the Gazette, determine that a percentage or specified amount of an annual energy productivity target is to be achieved by any 1 or more of the following (a primary subtarget): (a) the provision of energy productivity activities to a class of customers specified in the notice; (b) the undertaking of a kind of energy productivity activity specified in the notice. (2) For the purposes of this Part, the Minister— (a) must determine a primary subtarget in relation to priority group households; and (b) may determine other primary subtargets. (3) A notice under this regulation may specify that a percentage or specified amount of a subtarget is to be achieved by any 1 or more of the following (a secondary subtarget): (a) the provision of energy productivity activities to a class of customers specified in the notice; (b) the undertaking of a kind of energy productivity activity specified in the notice. Example— The Minister determines (under subregulation (1)) that 50% of an annual energy productivity target must be achieved by retailers through the carrying out of energy productivity activities in households (the household primary subtarget). The Minister determines (under subregulation (3)) that 50% of the household primary subtarget must be achieved by retailers through the carrying out of "demand-response" energy productivity activities (specified by the Minister) (the demand-response secondary subtarget). (4) The Commission must, in accordance with any requirements of the Minister— (a) set primary subtargets for each retailer by apportioning each primary subtarget determined by the Minister in accordance with any requirements of the Minister; and (b) set secondary subtargets for each retailer by apportioning each secondary subtarget determined by the Minister (if any) in accordance with any requirements of the Minister. 26—Energy productivity activities (1) A retailer must, subject to subregulation (2), undertake energy productivity activities sufficient to achieve the EPT that applies to the retailer for that year (as adjusted to take into account any shortfall added under subregulation (3)). (2) A retailer will be taken not to have failed to achieve the EPT that applies to the retailer for a year if the retailer undertakes energy productivity activities in the year sufficient to achieve at least 90% of the EPT. (3) Despite subregulation (2), where a retailer fails to achieve its EPT in a year, the energy productivity shortfall must be added to an EPT that applies to the retailer in a subsequent year. (4) An energy productivity activity undertaken by a retailer for the purposes of achieving a primary subtarget or secondary subtarget under regulation 27 is taken to be included as an energy productivity activity undertaken by a retailer for the purpose of achieving its EPT under this regulation. (a) a retailer undertakes energy productivity activities in a year sufficient to achieve at least 90% of its EPT for that year but does not achieve its EPT; and (b) in the subsequent calendar year this Part no longer applies to the retailer as a result of the operation of regulation 22(1), the retailer must undertake energy productivity activities in the subsequent year to account for its energy productivity shortfall from the previous year. (6) If— (a) a retailer fails to achieve its EPT with respect to any year; and (b) the retailer— (i) pays a shortfall penalty in accordance with the requirements of section 94B of the Act with respect to that failure; or (ii) is subject to a penalty on account of a prosecution in respect of that failure, the energy productivity shortfall to which the shortfall penalty or prosecution relates will no longer apply to the retailer. (7) In this regulation— energy productivity shortfall means the difference between the EPT that applies to the retailer for a year and the amount of normalised gigajoules actually achieved (in accordance with this Part) by that retailer in that year through the conduct of energy productivity activities. 27—Energy productivity activities—subtargets (1) A retailer must, subject to subregulation (2), undertake energy productivity activities sufficient to achieve each primary subtarget and secondary subtarget applying to the retailer for a year (as adjusted to take into account any shortfall added under subregulation (3)). (2) A retailer will be taken not to have failed to achieve a primary subtarget or secondary subtarget applying to the retailer for a year if the retailer undertakes energy productivity activities in the year sufficient to achieve at least 90% of the primary subtarget or secondary subtarget (as the case requires). (3) Despite subregulation (2)— (a) if a retailer fails to achieve a primary subtarget in a year, the Commission must ensure that the energy productivity shortfall is added— (i) if an equivalent primary subtarget applies to the retailer in the subsequent year—to that primary subtarget; or (ii) in any other case—to the EPT that applies to the retailer in a subsequent year; and (b) if a retailer fails to achieve a secondary subtarget in a year, the Commission must ensure that the energy productivity shortfall is added— (i) if an equivalent secondary subtarget applies to the retailer in the subsequent year—to that secondary subtarget; or (ii) in any other case—to the EPT that applies to the retailer in a subsequent year. (4) If— (a) a retailer undertakes energy productivity activities in a year sufficient to achieve at least 90% of a primary subtarget or secondary subtarget for that year but does not achieve the primary subtarget or secondary subtarget (as the case requires); and (b) in the subsequent calendar year this Part no longer applies to the retailer as a result of the operation of regulation 22(1), the retailer must undertake energy productivity activities in the subsequent year to account for its energy productivity shortfall (for the relevant primary subtarget or secondary subtarget) from the previous year. (a) a retailer fails to achieve a primary subtarget or secondary subtarget that applies to the retailer for a year; and (b) the retailer— (i) pays a shortfall penalty in accordance with the requirements of section 94B of the Act with respect to that failure; or (ii) is subject to a penalty on account of a prosecution in respect of that failure, the energy productivity shortfall to which the shortfall penalty or prosecution relates will no longer apply to the retailer. (6) In this regulation— energy productivity shortfall means— (a) in the case of a failure by a retailer to achieve a primary subtarget applying to the retailer in a year—the difference between the primary subtarget and the amount of normalised gigajoules actually achieved by that retailer in that year by undertaking energy productivity activities to achieve that primary subtarget; or (b) in the case of a failure by a retailer to achieve a secondary subtarget applying to the retailer in a year—the difference between the secondary subtarget and the amount of normalised gigajoules actually achieved by that retailer in that year by undertaking energy productivity activities to achieve that secondary subtarget. 28—Determination of activities or measures that constitute energy productivity activities (1) The Minister may, by notice in the Gazette, on the Minister's own initiative or by application, determine 1 or more activities or measures that may be undertaken by retailers to be energy productivity activities for the purposes of this Part. (2) An application under subregulation (1) must be made in a manner and form determined by the Minister. (3) A determination may be of general application or limited (according to criteria determined by the Minister) in its application to a particular retailer or particular retailers. (4) A notice published under this regulation must set out relevant information relating to an activity or measure that constitutes an energy productivity activity, including— (a) a description of the activity or measure that constitutes the energy productivity activity; and (b) the minimum specification in accordance with which the activity or measure that constitutes the energy productivity activity must be performed; and (c) the amount of normalised gigajoules taken to be achieved, or the method of calculating such an amount, if the activity or measure that constitutes the energy productivity activity is undertaken; and (d) any other matter the Minister thinks fit. (5) The Minister may, by notice in the Gazette, vary or revoke a determination made under this regulation.

Division 3—Other matters 29—Administration (1) The Commission has such functions and powers as are necessary or expedient to give effect to the retailer energy productivity scheme including the following functions: (a) to administer the scheme; (b) to ensure that retailers comply with the relevant requirements of this Part; (c) to report to the Minister— (i) at the end of each year as to the administration of the scheme and the progress of retailers in achieving the targets set by this Part; and (ii) from time to time on any other matter relating to this Part as required by the Minister; (d) to include the following information in its annual report under the Essential Services Commission Act 2002: (i) information relating to energy productivity activities and measures being undertaken under this Part, including the kind, number and average cost of such activities and measures; (ii) any other information required by the Minister or considered relevant by the Commission. (2) The Commission (in the case of a relevant electricity retailer required to hold a licence under the Act)— (a) is required to impose a condition on the licence of the retailer under the Act that the retailer comply with the relevant provisions of this Part, pursuant to section 21(2) of the Act (so that a failure to comply with a relevant provision of this Part will constitute a contravention of a condition of the licence); and (b) is to vary conditions of the licence of the retailer under the Act to ensure that the retailer complies with the relevant provisions of this Part as required from time to time, pursuant to section 27(1) of the Act (so that a failure to comply with a relevant provision of this Part will constitute a contravention of a condition of the licence). 30—Notification and adjustment of targets (1) The Commission must, in relation to each calendar year in which the retailer energy productivity scheme is to apply, notify in writing each retailer of any annual— (a) EPT; and (b) primary subtarget; and (c) secondary subtarget, that applies to the retailer for that year. (2) The Commission may adjust a target that would otherwise apply to a retailer after taking into account any energy productivity shortfall under regulation 26 or 27 from a previous year that must be added to the target in accordance with regulation 26 or 27 (as the case requires). (3) The Commission may, in accordance with any requirements of the Minister, also adjust a target that would otherwise apply to a retailer in 2021 to reflect any amount to be added to the target under a notice published by the Minister under old regulation 35A (approving an alternative arrangement relating to the retailer). (4) If the customers of 1 retailer (in this regulation referred to as the first retailer) are transferred during a year to another retailer (in this regulation referred to as the acquiring retailer) by the sale, transmission or assignment of the whole or part of the business or undertaking of the first retailer, the Commission may adjust the targets of both the first retailer and the acquiring retailer for that year on a pro rata basis taking into account the date on which the customers were transferred. (a) this Part and Part 4 of the Gas Regulations 2012 did not apply to the acquiring retailer before the transfer of customers to the acquiring retailer as a result of the operation of regulation 22(1); and (b) as a result of the transfer of customers the acquiring retailer has at least the threshold number of customers set for the purposes of regulation 22(1)(a) or the threshold amount set for the purposes of regulation 22(1)(b), this Part and Part 4 of the Gas Regulations 2012 apply with immediate effect to the acquiring retailer and the Commission must— (c) in accordance with subregulation (1), notify the acquiring retailer of its targets under this Part; and (d) adjust the targets that apply to both the first retailer and the acquiring retailer for that year on a pro rata basis taking into account the date on which the transfer of customers occurred. (6) Subject to subregulation (7), if a retailer accrues an energy credit in a year and does not transfer the credit under regulation 31, the Commission must, on application by the relevant retailer, take the credit into account in determining whether the retailer has met a target that applies to the retailer in any subsequent year. (7) The Minister may, by notice in the Gazette, determine the maximum energy credit that a retailer may apply to have taken into account in determining whether the retailer has met a target that applies to the retailer in the subsequent year. (8) The Minister must publish a notice under subregulation (7) in the Gazette on or before 31 December in the year preceding the year in which the energy credit may be accrued. Example— The Minister publishes a notice in December 2021 determining the maximum energy credit that a retailer may apply in 2023 to have taken into account in determining whether the retailer has met a target applying to the retailer (in 2023). (9) In this regulation— old regulation 35A means regulation 35A of these regulations as in force immediately before 1 January 2021. 31—Retailers may enter into arrangements (1) If a retailer accrues an energy credit, the retailer may, at any time, transfer the credit to another retailer. (2) A retailer may enter into an arrangement with another person (including another retailer) for that person to undertake energy productivity activities on its behalf. (3) Despite any arrangement entered into under subregulation (2), a retailer remains liable for any offence or penalty arising from a failure to meet an EPT, primary subtarget or secondary subtarget that applies to the retailer under this Part. 32—Energy productivity activities acquisition scheme (1) The Minister may adopt a scheme providing for— (a) energy productivity activities to be performed by persons or bodies in accordance with the scheme; and (b) retailers to acquire energy productivity activities performed by such persons or bodies under the scheme in connection with achieving targets under this Part; and (c) procedural and other matters related to the operation of the scheme. (2) A scheme adopted under this regulation must be published by the Minister in the manner determined by the Minister. (3) A reference in this regulation to an energy productivity activity includes a reference to any activity or measure relating to energy productivity determined by the Minister for the purposes of this regulation (in addition to an activity or measure determined by the Minister under regulation 28). 33—Compliance and reporting (1) A retailer must, as required from time to time by the Commission, submit to the Commission a compliance plan for the purposes of this Part in accordance with a code published by the Commission under Part 4 of the Essential Services Commission Act 2002. (2) A retailer must, as required from time to time by the Commission, report on compliance with this Part in accordance with a code published by the Commission under Part 4 of the Essential Services Commission Act 2002. (3) A code published under this regulation must comply with any requirements of the Minister. 34—Energy productivity shortfalls (1) For the purposes of section 94B of the Act, a relevant electricity retailer is a retailer who is subject to the application of this Part (including on account of regulation 26(5) or 27(4)). (2) For the purposes of section 94B(13)(a) of the Act, the requirements imposed under this Part on a retailer— (a) to undertake energy productivity activities under regulation 26 sufficient to achieve the relevant EPT; and (b) to undertake energy productivity activities under regulation 27 sufficient to achieve any relevant primary subtarget or secondary subtarget, constitute the activities relating to energy productivity in which a relevant electricity retailer must engage, and for the purposes of that section the retailer must engage in those activities to the extent necessary to achieve compliance with regulation 26(2) or 27(2) (as the case requires). (3) For the purposes of section 94B(13)(b) of the Act, the extent of an energy productivity shortfall with respect to a particular year— (a) will be determined in relation to each of the activities referred to in subregulation (2)(a) and (b); and (b) will be as follows: (i) in relation to energy productivity activities under regulation 26—an amount equal to the energy productivity shortfall applying to the retailer for that year; (ii) in relation to energy productivity activities under regulation 27 relating to a primary subtarget or secondary subtarget—an amount equal to the energy productivity shortfall for the primary subtarget or secondary subtarget (as the case requires) applying to the retailer for that year. (4) For the purposes of section 94B(2)(a) of the Act, the prescribed base penalty is $10 000 for each category of shortfall identified under subregulation (3). (5) For the purposes of subsection (2)(b) of section 94B of the Act, the amount payable under that subsection will be— (a) in the case of an energy productivity shortfall under subregulation (3)(b)(i)—the amount constituting the energy productivity shortfall (expressed in normalised gigajoules) multiplied by $21.45; or (b) in the case of an energy productivity shortfall under subregulation (3)(b)(ii)—the amount constituting the energy productivity shortfall for the relevant primary subtarget or secondary subtarget (expressed in normalised gigajoules) multiplied by $21.45. 35—Review (1) The Minister must cause a review of the operation of this Part to be conducted and a report on the results of the review to be submitted to the Minister before 31 December 2029. (2) The review must consider whether the scheme should continue and any other matter the Minister considers should be considered in the review. (3) The Minister must, within 12 sitting days after receiving the report, cause copies of the report to be laid before both Houses of Parliament. 36—Expiry This Part will expire on 31 December 2030.

Part 5—System controller 38—Functions and powers of system controller (1) Pursuant to section 31 of the Act, the functions of a system controller for a power system operated in the National Electricity Market are limited to the following: (a) when required to do so under the National Electricity (South Australia) Law or any Act, giving appropriate directions to regulated entities that are engaged in the operation of the power system, or contribute electricity to, or take electricity from, the system, for the purposes of maintaining the system in, or restoring it to, a safe and reliable state of operation; (b) functions or powers performed or exercised as an agent employed by, or pursuant to a contractual arrangement with, AEMO under the National Electricity Rules; (c) when required to do so under the National Electricity Rules, under an agency or contractual arrangement of a kind referred to in paragraph (b) or under any other agreement— (i) undertaking action to protect such parts of the transmission network as are necessary to maintain the security of the power system; (ii) managing the interruption of, and coordinating the restoration of, loads placed on the power system; (iii) taking specified steps to restore the power system to a safe and reliable state of operation; (iv) monitoring the operation of the power system with a view to ensuring that the system operates safely and reliably; (v) maintaining voltage control throughout the power system; (vi) shedding loads placed on the power system to the extent necessary during emergency situations. (2) A system controller for a power system operated in the National Electricity Market has all powers necessary for, or incidental to, the proper performance of the functions set out in subregulation (1). National Electricity Market means the market regulated by the National Electricity Law.

Part 6—Standard terms and conditions for sale or supply 39—Prescribed classes of customers For the purposes of sections 23(1)(n)(iv) and 36(1) of the Act— (a) each customer whose annual electricity consumption level for a metered connection point equals or exceeds 160 MW.h is a customer of a prescribed class in relation to electricity supply to the customer through the connection point; (b) each customer whose annual electricity consumption level for a metered connection point equals or exceeds 30 MW.h but is less than 160 MW.h is a customer of a prescribed class in relation to electricity supply to the customer through the connection point.

Part 6A—Contestable services 39A—Contestable services (1) For the purposes of section 36AF(3)(a) of the Act, a connection service— (a) which is provided to a standard— (i) that is of a higher or lower quality or reliability than the standard of quality or reliability required by the National Electricity Rules, any code made by the Commission under the Essential Services Commission Act 2002 relating to electricity distribution or any other relevant instrument; or (ii) that exceeds the levels of service or plant ratings required by the connection assets of the operator of the distribution network to which the connection relates; and (b) to which a customer is required to contribute to the cost of providing the service, is prescribed. (2) For the purposes of section 36AF(3)(b) of the Act, the following requirements are specified and must be applied in relation to the provision of a contestable service prescribed under subregulation (1): (a) a customer may request the operator of a distribution network to prepare technical specifications for the construction of connection assets or an extension to the network (assets or an extension); (b) if a request is made under paragraph (a), the operator must only prepare technical specifications if the customer— (i) supplies the operator with the information that is reasonably required to allow the preparation of the specifications; and (ii) pays a reasonable fee (which must not exceed an amount approved by the Commission) to the operator for the preparation of the specifications; (c) the technical specifications prepared by the operator must set out the general design parameters and operating requirements for the assets or an extension to enable connection to the network and must— (i) contain sufficient details to allow the customer to call for tenders from third parties for the design and construction of the assets or an extension; and (ii) contain details of the voltage of the connection, required current rating, minimum transformer sizes, and other equipment requirements; and (iii) contain details of the operator's technical and maintenance requirements, to ensure the works, when designed and completed— (A) are compatible with the network; and (B) are capable of being operated and maintained by the operator in accordance with its operations and maintenance procedures; and (C) do not adversely affect the network or other persons connected to the network; and (iv) inform the customer that tenderers must submit separate amounts for designing and constructing the connection assets or designing and undertaking an extension; and (v) inform the customer of a reasonable period for conducting the tender, given the nature of the works and the technical specifications; (d) the operator must prepare the technical specifications as requested by the customer— (i) if the preparation of the specifications involves complex work—within a reasonable period agreed with the customer after receipt of the request (and that period must not exceed 20 business days); or (ii) in any other case—within the period of 10 business days after receipt of the request; (e) a customer may call for tenders for the design and construction of the assets or an extension, based on the technical specifications prepared by the operator; (f) if, within the period specified under paragraph (c)(v), the customer notifies the operator that it has selected a successful tenderer, the operator must liaise, in a reasonable manner having regard to paragraph (g), with the customer and the successful tenderer about the following matters: (i) the design and construction of the assets or an extension; (ii) payments from the customer and payments to the successful tenderer; (iii) warranties in relation to the work performed and the equipment installed; (iv) the program for undertaking the works; (v) handing over the assets or an extension to the operator on completion of the works; (g) the operator is not obliged to accept the design and construction of the assets or an extension by a successful tenderer if the operator considers on reasonable grounds that— (i) the successful tenderer does not have the requisite skill and competence to undertake the design and construction of the works in accordance with the technical specifications; or (ii) the proposed design and construction does not meet the technical specifications, in particular, the matters referred to in paragraph (c)(iii); (h) if a dispute between a customer and an operator arises under paragraph (g), the customer or operator may refer the dispute to the Technical Regulator for resolution. connection means a physical link between a distribution network and a customer's premises to allow the flow of electricity; connection alteration means an alteration to an existing connection including an addition, upgrade, extension, expansion, augmentation or any other kind of alteration; connection assets means those components of a distribution system which are used to provide a connection service; connection service means the design and construction of connection assets that may be built separate to, or in isolation from, the existing distribution network relating to either or both of the following: (a) a service relating to a new connection for premises; (b) a service relating to a connection alteration; extension means works (outside the boundaries of the operator's distribution network (as it existed before the construction of any connection assets or an extension on behalf of a customer in accordance with this regulation)) required for the connection requested by the customer; new connection means a connection established or to be established in accordance with Chapter 5A of the National Electricity Rules and relevant energy laws, where there is no existing connection.

Part 7—Special provisions relating to small customers 40—Interpretation In this Part— business day means a day other than a Saturday, Sunday or public holiday; default contract means a retail contract under which an electricity entity to which section 36AB of the Act applies sells electricity at the entity's default contract price and subject to the entity's default contract terms and conditions; default contract price and default contract terms and conditions have the same respective meanings as in section 36AB of the Act; excluded area means an area— (a) that is not served by the same continuous network for the transmission and distribution of electricity that serves Adelaide; or (b) that is for the time being determined by the Minister to be an excluded area; market contract means a retail contract other than a standing contract or default contract; standing contract means a retail contract under which an electricity entity to which section 36AA of the Act applies sells electricity at the entity's standing contract price and subject to the entity's standing contract terms and conditions; standing contract price and standing contract terms and conditions have the same respective meanings as in section 36AA of the Act. 41—Exemption from standing contract condition An electricity entity to which section 36AA of the Act applies is exempt from the application of subsection (2) of that section in relation to the sale of electricity to be supplied through a particular connection point if— (a) the connection point is situated within an excluded area; or (b) the customer is bound to receive electricity supply through the connection point under a market contract. 42—Provisions relating to default contracts (1) If a person receives electricity supply through a connection point otherwise than under a retail contract— (a) that person; and (b) the electricity entity that was last a party to a retail contract in relation to that connection point, become parties to a default contract in relation to that connection point for the purposes of section 36AB(2) of the Act. (2) Subregulation (1) does not apply in relation to a connection point situated within an excluded area. (3) The default contract continues until— (a) the customer becomes a party to a market contract or standing contract (whether with the same entity or some other electricity entity) in relation to the connection point; or (b) some other person becomes a party to a retail contract in relation to the connection point. (4) On the electricity entity becoming aware that it has become a party to the default contract, the entity must, within 5 business days, give the customer a written notice setting out the terms and conditions of the default contract and describing, in general terms, the other contractual options that may be available to the customer for the purchase of electricity. (5) The electricity entity must, in giving notice under subregulation (4), comply with any requirements imposed by a code made by the Commission under the Essential Services Commission Act 2002, relating to the contents of the notice or the manner in which the notice is to be given. (6) For the purposes of paragraph (b) of the definition of default contract price in section 36AB(3) of the Act, the prescribed period is— (a) if the price fixed as the default contract price by the entity by the notice referred to in that paragraph is the same as the price that will be in force as the standing contract price (whether or not for the same entity) 14 days from the date of publication of that notice—14 days; or (b) in any other case—28 days.

Part 8—Electricity entities' powers and duties 43—Carrying out certain work on public land (1) For the purposes of section 47(5) of the Act, prior notice and agreement are not required under section 47(3) of the Act for— (a) work in an emergency; or (b) maintenance or repairs of existing electricity infrastructure, including any necessary excavation or removal of obstructions; or (c) minor works to connect electricity supply from a transmission or distribution network to an electrical installation or proposed electrical installation. (2) For the purposes of section 47(6) of the Act, agreement is not required under section 47(3) of the Act for— (a) erection of padmount transformers and switching cubicles in connection with the installation of underground lines; or (b) installation or relocation of electricity infrastructure as a part of road reconstruction; or (c) alterations or additions to existing electricity infrastructure not involving any significant enlargement of the area of public land occupied by the infrastructure or any significant change in appearance; or (d) relocation of a pole or supporting structure in an existing electricity cable system.

Part 9—Undergrounding of powerlines 44—Prescribed amount for undergrounding work For the purposes of section 58A(3) of the Act, the amount is— (a) for the financial year 2011/2012—$6.093 million; (b) for each subsequent financial year—the amount determined by the Minister in accordance with the following formula:

CPIx is the Consumer Price Index, All Groups Index Number (All Cities) published by the Australian Bureau of Statistics, for the March quarter preceding the financial year concerned; CPI1 is the Consumer Price Index, All Groups Index Number (All Cities) published by the Australian Bureau of Statistics, for the March quarter 2011; Ax is the amount (in dollars) determined by the Minister under this regulation for the purposes of section 58A(3) of the Act for the previous financial year; TCx is the total cost (in dollars) of the undergrounding work undertaken in the previous financial year in accordance with programs prepared under section 58A of the Act; GSTx is the amount (in dollars) determined by the Minister as being the total GST (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth, as amended from time to time) paid in respect of all undergrounding work undertaken in the previous financial year in accordance with programs prepared under section 58A of the Act.

Part 9A—Regulation of NERL retailers 44A—NERL retailers to comply with code provisions and other requirements For the purposes of section 63AB(1) of the Act, a NERL retailer must comply with— (a) a code made by the Commission under the Essential Services Commission Act 2002 relating to electricity metering; and (b) if the scheme under Part 4 of these regulations applies to the retailer, a code made by the Commission under the Essential Services Commission Act 2002 relating to energy productivity; and (c) the technical and safety requirements or standards prescribed under Parts 10, 11 and 12 of these regulations; and (d) clause 8.2 (as amended from time to time) of the electricity pricing order under section 35B of the Act. Regulation 22 provides for the application of a scheme relating to energy efficiency to NERL retailers. 44B—Inset networks (1) For the purposes of section 63AB(1)(c) of the Act, an exempt seller within the meaning of the National Energy Retail Law (South Australia) may only carry on operations as an inset network operator or inset network retailer if the exempt seller ensures that an inset customer has an effective right of access to a NERL retailer of the customer's choice. (2) For the purposes of this regulation, an inset customer has an effective right of access to a NERL retailer of the customer's choice only if the customer may— (a) have access to and use the inset network for the purpose of consuming electricity purchased by the customer from a NERL retailer of the customer's choice; and (b) install, maintain and use meters and other equipment necessary for that purpose, without any charge being payable by the customer (other than to the NERL retailer) or by the NERL retailer. inset customer, inset network, inset network operator and inset network retailer have the same respective meanings as in regulation 15. 44C—Sale of electricity to small customers—early termination fees prohibited (1) For the purposes of section 63AB(1)(e) of the Act, a NERL retailer must not offer a market retail contract to small customers if a term or condition of the contract provides for the payment of a fee or charge (however described) for early termination of the contract. (2) Nothing in subregulation (1) prevents a NERL retailer from offering to small customers a fixed term contract that provides for the payment of— (a) a fee or charge for early termination of a fixed benefit period under the contract by the small customer (whether or not the contract is terminated at the same time); or (b) a fee or charge for early termination of the contract if the fee or charge only involves the NERL retailer recovering its reasonable costs for the installation or provision of designated equipment to the small customer (and accounts for, in the event of early termination of the contract, any payments towards those costs made by the small customer before the termination). (3) However, subregulation (2) only applies if— (a) the NERL retailer provides information to the small customer before the small customer enters into the contract that clearly specifies— (i) the nature and amount of the relevant fee or charge referred to in that subregulation; and (ii) the consequences of early termination of the contract by the small customer; and (b) a fee or charge for early termination provided for under that subregulation complies with the relevant requirements applying under the National Energy Retail Rules. designated equipment means a meter or other equipment related to the provision of electricity at the premises of the small customer that is fixed to the premises and intended to remain at those premises (whether or not any contract relating to the provision of electricity at the premises is terminated early); Examples— (a) a solar photovoltaic system; (b) a battery storage system. fixed benefit period means a period of a fixed term contract during which pricing is fixed; fixed term contract means a market retail contract for a fixed term. (5) Unless the contrary intention appears, terms used in this regulation and in the National Energy Retail Law or the National Energy Retail Rules have the same respective meaning in this regulation as they have in the National Energy Retail Law or National Energy Retail Rules. 44D—Participation in ombudsman scheme For the purposes of section 63AC(1) of the Act, the prescribed level is 750 MW.h. 44E—Annual administration fee (1) For the purposes of section 63AE(2) of the Act, the annual administration fee is to be calculated in accordance with the following formula:

X is the annual administration fee for a NERL retailer; EA is the costs determined by the Minister of the administration of the Act; ESC is the costs determined by the Minister of the administration by the Commission of the Essential Services Commission Act 2002 attributable to the retailing of electricity to small customers; AEMC is the costs referred to in subregulation (2)(a); AEAP is the costs referred to in subregulation (2)(b); Q is the amount determined by the Minister to adjust the annual administration fee based on events that occurred during the period to which the previous annual administration fee related (such as a new entrant to the market for the retailing of electricity) or such other matter relating to that previous period that the Minister thinks fit; Y is the number of NERL retailers that retail electricity to small customers at the commencement of the period to which the annual administration fee relates. (2) For the purposes of section 63AE(7)(c) of the Act, the following costs are prescribed: (a) the costs determined by the Minister of the administration in relation to retailing of electricity in South Australia of Part 9 of the National Energy Retail Law (South Australia) by the Australian Energy Market Commission established by the Australian Energy Market Commission Establishment Act 2004; (b) the costs determined by the Minister of the administration in relation to retailing of electricity in South Australia of the Energy Advisory Panel, being the body (formerly known as the Energy Security Board) identified by the Energy and Climate Change Ministerial Council as responsible for giving advice on issues relating to the security, reliability, and affordability of energy. (3) If a NERL retailer commences retailing electricity to small customers as a NERL retailer during a period to which an annual administration fee relates, the annual administration fee for the NERL retailer is to be adjusted by multiplying— (a) the annual administration fee that would have been payable by the NERL retailer had it been retailing electricity as a NERL retailer during the whole of the relevant period; and (b) the proportion that the number of whole months between the commencement of retailing and the end of the relevant period bears to 12 months. (4) If a relevant entity within the meaning of section 33 of the National Energy Retail Law (South Australia) Act 2011 had, before 1 February 2013, paid (as an electricity entity under the Electricity Act 1996) to the Commission a licence fee under section 20 of the Act in respect of the whole or any part of the period commencing on 1 February 2013 and ending on 1 February 2014, the Commission must determine an amount in relation to the licence fee that is to be offset against the annual administration fee that applies to the entity, or credited or refunded to the entity (as determined by the Commission).

Part 10—Safety and technical issues Division A1—Preliminary 44F—Preliminary In this Part— contractor, in relation to an employed worker, means a licensed electrical contractor or licensed building work contractor (as the case requires) by whom the employed worker is employed or engaged to carry out the work or examinations and tests related to the issue of an electronic certificate of compliance; contractor's duly authorised agent means a person acting as the contractor's duly authorised agent who has or had a supervisory role in relation to the employed worker; designated employer means an employer designated by the Technical Regulator for the purposes of this Part; designated registered electrical worker means a registered electrical worker employed or engaged by a designated employer; electronic certificate of compliance means a certificate of compliance issued under this Part in electronic form in accordance with any requirements of the Technical Regulator under regulation 57; employed worker, in relation to an electronic certificate of compliance issued in relation to an electrical installation, means a registered electrical worker employed or engaged to carry out work or examinations and tests related to the issue of the certificate (whether or not together with other work or examinations and tests on the installation) by a contractor. Division 1—Safety and technical requirements 45—Purpose of Division The requirements contained in this Division and related Schedules are safety or technical requirements for the purposes of sections 59 and 60 of the Act. 46—Quality of electricity supply The operator of a distribution network must ensure that the network is designed, constructed, operated and maintained so that at a customer's point of supply— (a) the voltage is as set out in AS 60038; and (b) the voltage fluctuations that occur are contained within the limits set out in Parts 3.3 and 3.5 of AS/NZS 61000 or Part 4 of AS 2279 (as in force immediately before it was superseded); and (c) the harmonic voltage distortions do not exceed the values set out in Part 3.2 of AS/NZS 61000 or Part 2 of AS 2279 (as in force immediately before it was superseded). 47—General requirements for electricity infrastructure (1) No circuit in electricity infrastructure may be allowed to remain in service unless every part of the circuit functions in a safe manner. (2) Each active conductor of a high voltage powerline or other high voltage equipment must be protected by an automatic disconnecting device. (3) Metal components of electricity infrastructure not normally conducting electricity that may become energised must be connected to earth. (4) Electricity infrastructure must be adequately protected against earth faults. 48—Aerial lines (1) Aerial lines (including service lines) must be designed, installed, operated and maintained to be safe for the electrical service conditions and the physical environment in which they will operate. (2) Without limiting the effect of subregulation (1), line construction in a bushfire risk area must be suitable for the levels of hazard in the area. (3) Schedule 1 applies in relation to aerial lines (including service lines) installed after 1 July 1997. 49—Underground lines (1) Underground lines (including service lines) must be designed, installed, operated and maintained to be safe for the electrical service conditions and the physical environment in which they will operate. (2) Schedule 2 applies in relation to underground lines (including service lines) installed after 1 July 1997. 50—Powerlines other than aerial or underground lines (1) Powerlines, other than aerial lines or underground lines, must be designed, installed, operated and maintained to be safe for the electrical service conditions and the physical environment in which they will operate. (2) Schedule 2 (other than clauses 6, 7 and 9) applies in relation to such powerlines installed after 1 July 1997 in the same way as to underground lines. 51—Substations (1) Substations must be designed, installed, operated and maintained to be safe for the electrical service conditions and the physical environment in which they will operate. (2) Schedule 3 applies in relation to substations installed after 1 July 1997. 52—Earthing and electrical protection systems (1) Earthing and electrical protection systems must be designed, installed, operated and maintained to safely manage abnormal electricity network conditions likely to significantly increase the risk of personal injury or significant property damage. (2) Schedule 4 applies in relation to earthing and electrical protection systems installed after 1 July 1997. 53—Electrical installations (1) Electrical installations must comply with AS/NZS 3000 and any other Australian Standard or Australian/New Zealand Standard called up by AS/NZS 3000. (2) Despite any other regulation— (a) aerial lines, underground lines or other powerlines; and (b) earthing and electrical protection systems, that form part of an electrical installation and that comply with AS/NZS 3000 and any other Australian Standard or Australian/New Zealand Standard called up by AS/NZS 3000, will be taken to comply with these regulations. 54—Connection testing and inspection procedures (1) For the purposes of section 59(1b)(b), (1d)(d) and (1g)(b) of the Act, electricity supply from a transmission or distribution network must not be connected to an electrical installation unless the connection testing and inspection procedures of the operator of the network have been complied with. (2) The connection testing and inspection procedures of a network operator relating to the connection of electricity supply from powerlines designed to operate at a voltage of less than 11 kV must be procedures that have been approved by the Technical Regulator. (3) For the purposes of section 59(1g)(a) of the Act, the work of installing or replacing a meter, or examinations and tests relating to such work, must be carried out in accordance with— (a) the metering installation procedures of the metering provider; or (b) the metering installation procedures published by the Technical Regulator. (4) A person who personally carries out the work of connecting electricity supply from a transmission or distribution network to an electrical installation must— (a) make and sign a written record that— (i) specifies the place and date at which the work has been carried out and sets out the person's full name; and (ii) states that the person has complied with the connection testing and inspection procedures of the network operator relating to the work; and (b) provide the record— (i) to the network operator; or (ii) in the case of work carried out on behalf of a prescribed person (as defined in section 59 of the Act) other than the network operator, to that prescribed person. Maximum penalty: $2 500. Expiation fee: $210. (5) A network operator or other prescribed person who receives a record referred to in subregulation (4) must keep the record for at least 2 years. Maximum penalty: $2 500. Expiation fee: $210. 55—General requirements for electrical installation (1) For the purposes of section 60(1) of the Act, an electrical installation must be designed, installed, operated and maintained so as to comply with any applicable requirements of— (a) in all cases—AS/NZS 3000 and any Australian Standard or Australian/New Zealand Standard called up by AS/NZS 3000; and (b) if the installation is, or is to be, connected to a distribution network—the technical installation rules of the operator of the network. 55A—Electronic certificates of compliance (1) For the purposes of section 60(2) of the Act, an electronic certificate of compliance may only be relied on if— (a) the certificate certifies that— (i) the electrical installation to which the certificate relates complies with any applicable requirements set out in AS/NZS 3000 and any Australian Standard or Australian/New Zealand Standard called up by AS/NZS 3000; and (ii) the electrical installation to which the certificate relates has been examined and tested in accordance with the standards and requirements referred to in regulation 56; and (b) the certificate records the results of that examination and testing; and (c) the certificate is issued by a registered electrical worker. (2) Subject to subregulations (3) and (4), the following requirements apply to an electronic certificate of compliance issued under this regulation: (a) in the case of an electronic certificate of compliance issued by a registered electrical worker who is an employed worker— (i) the registered electrical worker must, before the electrical installation is made available for energisation, complete the electronic certificate of compliance to the extent required by the Technical Regulator under regulation 57 and issue the certificate to— (A) the contractor; or (B) the contractor's duly authorised agent; and (ii) the contractor or the contractor's duly authorised agent (as the case may be), if satisfied that the work or examinations and tests have been carried out in accordance with the standards and requirements referred to in subregulation (1), must— (A) complete the electronic certificate of compliance; and (B) within 30 days after the electrical installation was made available for energisation, provide the electronic certificate of compliance to the Technical Regulator and the owner or operator of the installation; (b) in any other case—the registered electrical worker must— (i) before the electrical installation is made available for energisation, complete the electronic certificate of compliance to the extent required by the Technical Regulator under regulation 57; and (ii) within 30 days after the electrical installation was made available for energisation, provide the electronic certificate of compliance to— (A) the Technical Regulator; and (B) the owner or operator of the installation. (3) Despite subregulations (1) and (2), for the purposes of this regulation, a designated registered electrical worker must issue to the designated employer a hard copy certificate of compliance approved by the Technical Regulator that certifies that work or examinations and tests have been carried out in accordance with the standards and requirements referred to in subregulation (1). (4) Despite subregulation (2), a registered electrical worker— (a) is not required to complete, or complete and issue, (as the case requires) an electronic certificate of compliance before an electrical installation is made available for energisation if it is not reasonably practicable to do so (for example, because the worker's electronic device cannot connect to a telecommunications network in the relevant location); but (b) must instead complete, or complete and issue, (as the case requires) the electronic certificate of compliance as soon as is reasonably practicable after the electrical installation is made available for energisation. 55B—Remote disconnection and reconnection of electricity generating plant (1) This regulation applies to a designated electricity generating plant that is, or is to be, connected to a relevant distribution network and that— (a) is installed on or after the relevant day; or (b) was installed before the relevant day if a declared component of electricity infrastructure or an electrical installation associated with the plant is replaced on or after that day. (2) From the prescribed day, the owner or operator of a designated electricity generating plant to which this regulation applies must ensure that the following requirements are complied with in relation to the plant: (a) the plant must be capable of being remotely disconnected from, and reconnected to, the relevant distribution network; (b) the owner or operator must give a relevant agent written authorisation to remotely disconnect the plant from, and reconnect the plant to, the relevant distribution network in circumstances where the owner or operator of the plant is lawfully directed to disconnect or reconnect the plant. (3) In addition, from 1 January 2021, the owner or operator of a designated electricity generating plant to which this regulation applies must ensure that the plant is capable of being remotely disconnected from, and reconnected to, the network by the relevant agent of the owner or operator of the plant. (4) The owner or operator of a designated electricity generating plant to which this regulation applies must notify their relevant agent if there is, or is to be, a change in the owner or operator of the plant as soon as practicable after becoming aware of the change (and in any event within 7 days after the change). (5) A designated electricity generating plant to which this regulation applies must not be connected to a relevant distribution network unless the requirements under subregulations (2) and (3) (as relevant) are complied with in relation to the plant. (6) The Technical Regulator may prepare and publish guidelines that set out methods for ensuring that a designated electricity generating plant is capable of being remotely disconnected from, and reconnected to, a relevant distribution network. (7) Guidelines published under subregulation (6) may indicate that a method is, or is not, appropriate for designated electricity generating plant with particular nameplate capacity. (8) For the purposes of this regulation, a particular designated electricity generating plant (installed plant) will be taken to be capable of being remotely disconnected from, and reconnected to, a relevant distribution network if the installed plant complies with a method that is appropriate for designated electricity generating plant with nameplate capacity of the installed plant set out in guidelines published under subregulation (6). (9) The Technical Regulator must maintain an up to date list of declared components for the purposes of subregulation (1)(b) on a website determined by the Technical Regulator. (10) The Minister may— (a) by notice in the Gazette, designate an electricity generating plant as a designated electricity generating plant for the purposes of this regulation; and (11) The Technical Regulator may— (a) by notice in the Gazette, declare that a distribution network is an excluded distribution network for the purposes of this regulation; and (12) In this regulation and regulations 55C and 55D— declared component—see subregulation (9); designated electricity generating plant—see subregulation (10); excluded distribution network—see subregulation (11); prescribed day means a day specified by the Minister by notice in the Gazette for the purposes of subregulation (2); relevant agent means a person who is authorised by the owner or operator of the designated electricity generating plant to be their relevant agent and who meets the requirements set out in regulation 55C; relevant day, in relation to a designated electricity generating plant, means— (a) the day on which the Minister publishes the first notice under subregulation (10)(a); or (b) in the case of an electricity generating plant that is designated as a designated electricity generating plant after the day referred to in paragraph (a)—the day on which the electricity generating plant is so designated; relevant distribution network means a distribution network other than an excluded distribution network. 55C—Relevant agents (1) A person may be authorised, on or before 31 December 2020, to be a relevant agent by an owner or operator of a designated electricity generating plant to which regulation 55B applies if the person— (a) is suitably qualified in accordance with the requirements set out in any guidelines under subregulation (4); and (b) nominates, in accordance with any guidelines under subregulation (4), the technology they will use to remotely disconnect plant from, and reconnect plant to, the relevant distribution network; and (c) gives a written undertaking to the Technical Regulator, in the form determined by the Technical Regulator, that the person will— (i) complete, on or before 31 December 2020, all actions necessary to allow the person to remotely disconnect plant from, and reconnect plant to, the network; and (ii) demonstrate, on or before 31 December 2020, that the technology nominated by them under paragraph (b) is capable of remotely disconnecting plant from, and reconnecting plant to, a relevant distribution network to the satisfaction of the Technical Regulator. (2) A person may be authorised, on or after 1 January 2021, to be a relevant agent by an owner or operator of a designated electricity generating plant to which regulation 55B applies if the person— (a) is suitably qualified in accordance with the requirements set out in any guidelines under subregulation (4); and (b) has nominated, in accordance with any guidelines under subregulation (4), the technology they will use to remotely disconnect plant from, and reconnect plant to, the relevant distribution network; and (c) has completed all actions necessary to allow the person to remotely disconnect plant from, and reconnect plant to, the network; and (d) has demonstrated that the technology nominated by them under paragraph (b) is capable of remotely disconnecting plant from, and reconnecting plant to, a relevant distribution network to the satisfaction of the Technical Regulator. (3) A person must not act contrary to, or fail to comply with, a written undertaking given under subregulation (1)(c). (4) The Technical Regulator may prepare and publish guidelines that set out the requirements for, and role and responsibilities of, a relevant agent. 55D—Register of relevant agents (1) The Technical Regulator must keep and maintain a register of relevant agents for the purposes of regulations 55B and 55C. (2) The requirement under subregulation (1) will be taken to be satisfied if the Technical Regulator adopts a register maintained by another person or body that the Technical Regulator is satisfied contains the information specified by subregulation (3). (3) The register must contain the following information: (a) the location and size of each designated electricity generating plant to which regulation 55B applies; (b) the name and contact details of the relevant agent for each designated electricity generating plant to which regulation 55B applies. (4) Information contained in the register may be provided to the following persons: (a) a person with lawful authority to direct that a designated electricity generating plant be disconnected from, or reconnected to, a relevant distribution network; (b) the operator of a relevant distribution network. 55E—Export limits for electricity generating plant (1) This regulation applies to a designated electricity generating plant that is, or is to be, connected to a relevant distribution network and that— (a) is installed on or after the relevant day; or (b) was installed before the relevant day if a declared component of electricity infrastructure or an electrical installation associated with the plant is replaced on or after that day. (2) The owner or operator of a designated electricity generating plant to which this regulation applies must ensure that the following requirements are complied with in relation to the plant: (a) the plant's inverter is remote communications capable; (b) on or after the prescribed day— (i) the plant is capable of being export limited; and (ii) the export limits of the plant are capable of being updated remotely. (3) A designated electricity generating plant to which this regulation applies must not be connected to a relevant distribution network unless the requirements under subregulation (2) are complied with in relation to the plant. (4) The Technical Regulator must prepare and publish guidelines that set out the requirements for ensuring that an inverter is remote communications capable. (5) The Technical Regulator may prepare and publish guidelines that set out methods for ensuring that— (a) a designated electricity generating plant is capable of being export limited (export limiting methods); and (b) the export limits of a designated electricity generating plant are capable of being updated remotely (without a person being required to attend the site of the designated electricity generating plant) (remote updating methods). (6) Guidelines published under subregulation (5) may indicate that a method is, or is not, appropriate for designated electricity generating plant with particular nameplate capacity. (7) For the purposes of this regulation— (a) a designated electricity generating plant (generally) is capable of being export limited if the electricity exported to a relevant distribution network from the plant can be programmed to not exceed thresholds (export limits), which may vary at different times of the day; and (b) a particular designated electricity generating plant (installed plant) will be taken to be capable of being export limited if the installed plant complies with an export limiting method that is appropriate for designated electricity generating plant with nameplate capacity of the installed plant set out in guidelines published under subregulation (5); and (c) the export limits of a designated electricity generating plant (installed plant) will be taken to be capable of being updated remotely if the installed plant complies with a remote updating method that is appropriate for designated electricity generating plant with nameplate capacity of the installed plant set out in guidelines published under subregulation (5). (8) The Technical Regulator must maintain an up to date list of declared components for the purposes of subregulation (1)(b) on a website determined by the Technical Regulator. (9) The Minister may— (a) by notice in the Gazette, designate an electricity generating plant as a designated electricity generating plant for the purposes of this regulation; and (10) The Technical Regulator may— (a) by notice in the Gazette, declare that a distribution network is an excluded distribution network for the purposes of this regulation; and (11) In this regulation— declared component—see subregulation (8); designated electricity generating plant—see subregulation (9); excluded distribution network—see subregulation (10); prescribed day means a day specified by the Minister by notice in the Gazette for the purposes of subregulation (2)(b); relevant day, in relation to a designated electricity generating plant, means— (a) the day on which these regulations come into operation; or (b) in the case of an electricity generating plant that is designated as a designated electricity generating plant after the day referred to in paragraph (a)—the day on which the electricity generating plant is so designated; relevant distribution network means a distribution network other than an excluded distribution network. 55F—Voltage ride through for low voltage inverters of electricity generating plant (1) Subject to subregulation (2), this regulation applies to an electricity generating plant that is, or is to be, connected to a distribution network through a low voltage inverter and that— (a) is installed after the commencement of this regulation; or (b) was installed before the commencement of this regulation if the plant's inverter is replaced after the commencement of this regulation, unless the inverter is replaced under warranty. (2) Despite subregulation (1)(a), this regulation— (a) does not apply to an electricity generating plant installed after the commencement of this regulation where a written application to connect the plant to the distribution network was received by the operator of the distribution network on or before 10 August 2020; but (b) does apply to such an electricity generating plant if the plant's inverter is subsequently replaced, unless the inverter is replaced under warranty. (3) The owner or operator of an electricity generating plant to which this regulation applies must ensure that the low voltage inverter of the plant— (a) on or before 31 March 2021—is a designated inverter; or (b) has been tested in accordance with both of the following procedures relating to voltage ride through: (i) a procedure published from time to time by AEMO; (ii) a procedure in Australian Standard AS/NZS4777.2. (4) An electricity generating plant to which this regulation applies must not be connected to a distribution network unless the requirements under subregulation (3) are complied with in relation to the plant. (5) The Technical Regulator must, from the commencement of this regulation until 31 March 2021, keep and maintain a publicly available register of designated inverters, being inverters that meet the following requirements: (a) the manufacturer of the inverter has provided the Technical Regulator with a test report that demonstrates that the inverter meets a procedure published from time to time by AEMO relating to voltage ride through, excluding any requirement in the procedure that the test be conducted at an appropriate testing facility; (b) the manufacturer of the inverter has given a written undertaking to the Technical Regulator, in the form determined by the Technical Regulator, that— (i) they will complete the testing referred to in subregulation (3)(b) through an appropriate testing facility on or before 31 March 2021; and (ii) if the inverter fails to pass a test referred to in subregulation (3)(b) through an appropriate testing facility, they will— (A) replace any such inverter supplied after the commencement of this regulation with an inverter that passes the tests referred to in subregulation (3)(b) through an appropriate testing facility; or (B) upgrade any such inverter supplied after the commencement of this regulation so that the inverter passes the tests referred to in subregulation (3)(b) through an appropriate testing facility; (c) the importer of the inverter (if any) has given a written undertaking to the Technical Regulator, in the form determined by the Technical Regulator, that, if the inverter fails to pass a test referred to in subregulation (3)(b) through an appropriate testing facility, they will— (i) replace any such inverter supplied after the commencement of this regulation with an inverter that passes the tests referred to in subregulation (3)(b) through an appropriate testing facility; or (ii) upgrade any such inverter supplied after the commencement of this regulation so that the inverter passes the tests referred to in subregulation (3)(b) through an appropriate testing facility. (6) A person must not act contrary to, or fail to comply with, a written undertaking given under subregulation (5)(b) or (c). (7) In this regulation— appropriate testing facility means a testing facility that meets any requirements set out in a procedure published from time to time by AEMO relating to voltage ride through; designated inverter—see subregulation (5); importer means a person who imports an inverter into Australia. 55G—Meters A meter installed at premises on or after the commencement of this regulation must— (a) be capable of separately measuring and controlling an electricity generating plant and controllable load from essential load (whether or not there is electricity generating plant or controllable load at the premises); and (b) be installed in accordance with any guideline prepared and published by the Technical Regulator in respect of wiring, meter configurations and other installation requirements.

Division 1A—Technical Regulator to publish emergency standards 55H—Technical Regulator to publish emergency standards (1) The Technical Regulator may prepare and publish technical and operational standards that must be applied so that electricity infrastructure and electrical installations are installed, maintained and operated in a manner that facilitates the taking of effective emergency action (emergency standards). (2) Without limiting subregulation (1), emergency standards may— (a) specify requirements and standards for electricity infrastructure and electrical installations, including in relation to the nature or operation of such infrastructure or installations; and (b) provide for monitoring and enforcing compliance with the emergency standards, including by specifying requirements relating to— (i) activities a relevant entity must undertake in order to comply with the emergency standards (including timeframes for completion of such activities); and (ii) reporting by a relevant entity on the implementation or performance of activities for the purposes of complying with the emergency standards; and (c) provide for the Technical Regulator to determine— (i) that activities undertaken by a relevant entity comply with a provision of the emergency standards, including activities commenced or completed before the commencement of the provision; and (ii) that activities undertaken by a relevant entity were undertaken solely for the purposes of compliance with a provision of the emergency standards and, in the case of activities commenced or completed before the commencement of the provision, that such activities will be treated as having been undertaken after that commencement. (3) The provisions of the emergency standards may be of general, limited or varied application according to— (a) the class of relevant entity; or (b) the circumstances; or (c) any other specified factor, to which the provision is expressed to apply. (4) A relevant entity must— (a) comply with the provisions of the emergency standards applying to the entity; and (b) provide, in accordance with any requirements of the emergency standards, information and assistance to the Technical Regulator for the purpose of preparing and maintaining the emergency standards. (5) The Commission— (a) is required to impose a condition on a relevant licence that the licence holder comply with the requirements in subregulation (4), in accordance with section 21(2) of the Act (so that a failure to do so will constitute a contravention of a condition of the licence); and (b) is to vary conditions of a relevant licence to ensure that the licence holder comply with the requirements in subregulation (4), in accordance with section 27(1) of the Act (so that a failure to do so will constitute a contravention of a condition of the licence). (6) The Technical Regulator may vary or substitute the emergency standards. (7) The Technical Regulator must, before publishing the emergency standards, undertake consultation (in such manner as the Technical Regulator thinks fit) with AEMO on the emergency standards, including on whether the emergency standards are necessary, whether the content of the standards is appropriate in that context and whether the emergency standards are consistent with the national electricity objective. (8) Without limiting subregulation (7), the Technical Regulator must, before publishing, varying or substituting the emergency standards, undertake consultation (in such manner as the Technical Regulator thinks fit) with persons or bodies that the Technical Regulator is satisfied represent the interests of relevant entities affected by the emergency standards, variation or substituted emergency standards. (9) In this regulation— emergency action means action (whether by the Minister, AEMO or any other person or body) for the purposes of preventing or responding to significant disruptions (or risks of significant disruptions) to the supply of electricity to part of or all of South Australia; emergency standards—see subregulation (1); national electricity objective has the same meaning as in the National Electricity (South Australia) Law; relevant entity means the holder of a relevant licence or a person exempted from the requirement to hold such a licence; relevant licence means any of the following licences under the Act: (a) a licence authorising the generation of electricity; (b) a licence authorising the operation of a transmission or distribution network; (c) a licence authorising system control over a power system. Division 2—Certain electrical installation work 56—Certain electrical installation work and electronic certificates of compliance (1) The following provisions apply for the purposes of section 61(1) of the Act: (a) work on an electrical installation or proposed electrical installation that is work of any kind referred to in AS/NZS 3000 or another Australian Standard or Australian/New Zealand Standard called up by AS/NZS 3000 must be carried out, and the installation must be examined and tested— (i) in accordance with AS/NZS 3000 and any Australian Standard or Australian/New Zealand Standard called up by AS/NZS 3000 and so that the installation complies with any other technical and safety requirements under these regulations; and (ii) in accordance with the technical installation rules of the operator of the distribution network to which the installation is or is to be connected; (ab) the results of any examinations and testing conducted in accordance with paragraph (a) must be recorded on an electronic certificate of compliance issued by a registered electrical worker; (b) subject to subregulation (1a)— (i) if an electronic certificate of compliance is issued by a registered electrical worker who is an employed worker— (A) the registered electrical worker must, before the electrical installation is made available for energisation, complete the electronic certificate of compliance to the extent required by the Technical Regulator under regulation 57 and issue the certificate to— • the contractor; or • the contractor's duly authorised agent; and (B) the contractor or the contractor's duly authorised agent (as the case may be), if satisfied that the work or examinations and tests have been carried out in accordance with the standards and requirements referred to in subregulation (1), must— • complete the electronic certificate of compliance; and • within 30 days after the electrical installation was made available for energisation, provide the electronic certificate of compliance to the Technical Regulator and the owner or operator of the installation; or (ii) if an electronic certificate of compliance is issued by a registered electrical worker other than under subparagraph (i), the registered electrical worker must— (A) before the electrical installation is made available for energisation, complete the electronic certificate of compliance to the extent required by the Technical Regulator under regulation 57; and (B) within 30 days after the electrical installation was made available for energisation, provide the electronic certificate of compliance to— • the Technical Regulator; and • the owner or operator of the installation; (d) if the work is associated with the making of a connection to a transmission or distribution network, the electronic certificate of compliance (completed in accordance with paragraph (b)) must be furnished to the operator of the network before the energisation of the work or a part of the work; (e) if the work was, or examinations and tests were, carried out on behalf of the owner or occupier of the premises concerned (whether under a contract or arrangement made directly between the owner or occupier and the person to whom section 61(1) of the Act applies, under a subcontract or otherwise), the electronic certificate of compliance (completed in accordance with paragraph (b)) must be furnished to the owner or occupier within 30 days after the installation was made available for energisation; (f) the electronic certificate of compliance (completed in accordance with paragraphs (b) and (c)) must be stored at the business premises of the person to whom section 61(1) of the Act applies or, if that person does not have business premises, at that person's residence for at least 5 years after the installation was made available for energisation. (1a) Despite subregulations (1) and (2), a designated registered electrical worker must issue a hard copy certificate of compliance approved by the Technical Regulator that certifies that work or examinations and tests have been carried out in accordance with the standards and requirements referred to in subregulation (1) for the purposes of this regulation in accordance with any requirements of the Technical Regulator under regulation 57. (1b) Despite subregulation (1)(b), a registered electrical worker— (a) is not required to complete, or complete and issue, (as the case requires) an electronic certificate of compliance before an electrical installation is made available for energisation if it is not reasonably practicable to do so (for example, because the worker's electronic device cannot connect to a telecommunications network in the relevant location); but (b) must instead complete, or complete and issue, (as the case requires) the electronic certificate of compliance as soon as is reasonably practicable after the electrical installation is made available for energisation. (2) An electronic certificate of compliance may not be relied on by an owner or operator of an electrical installation under section 60(2) of the Act if the certificate has been issued in relation to the installation by a registered electrical worker who is an employee of the owner or occupier. 57—Electronic certificates of compliance—Technical Regulator may publish requirements etc (1) The Technical Regulator may prepare and publish requirements relating to electronic certificates of compliance under this Part. (2) Requirements prepared and published under subregulation (1) may include— (a) requirements as to the use of the official format for electronic certificates of compliance determined by the Technical Regulator; and (b) requirements as to the issuing, providing and certifying of electronic certificates of compliance, including as to the electronic provision of certificates; and (c) other requirements determined by the Technical Regulator. (3) In addition, the Technical Regulator may prepare and publish requirements relating to the hard copy certificates of compliance under this Part. (4) The Technical Regulator may exempt a person, or persons of a specified class, from a requirement under this regulation on conditions determined by the Technical Regulator. (5) For the purposes of the definition of designated employer in regulation 44F, the Technical Regulator may designate an employer as a designated employer for the purposes of this Part. (6) The Technical Regulator must maintain an up to date list of designated employers on a website determined by the Technical Regulator. 58—Prescribed work (section 61(4)) (1) For the purposes of section 61(4) of the Act, work of a kind referred to in AS/NZS 3000 or any other Australian Standard or Australian/New Zealand Standard called up by AS/NZS 3000 is prescribed. (2) For the purposes of section 61(4) of the Act, work on an electrical installation or proposed electrical installation that is work of a kind prescribed by subregulation (1) must be carried out— (a) in accordance with AS/NZS 3000 and any other Australian Standard or Australian/New Zealand Standard called up by AS/NZS 3000; and (b) in accordance with the technical installation rules of the operator of the distribution network to which the installation is or is to be connected.

Division 2A—Technical requirements for electrical equipment 58A—Designated electrical equipment must comply with demand response capability requirements (1) Designated electrical equipment must not be connected to a distribution network on or after the relevant day unless it complies with the demand response capability requirements set out in guidelines published by the Technical Regulator. Maximum penalty: $10 000. (2) The Technical Regulator must maintain an up to date list of designated electrical equipment on a website determined by the Technical Regulator. designated electrical equipment means electrical equipment designated by the Technical Regulator for the purposes of this regulation; relevant day, in relation to the connection of designated electrical equipment to a distribution network, means 1 January 2022. Division 3—Safeguarding persons working with conductors or electrical equipment

Subdivision 1—General 59—Basic safety principle Persons engaging or preparing to engage in work on or near electricity infrastructure or an electrical installation must treat exposed conductors as live until they are— (a) isolated from all sources of electricity supply and proved to be de‑energised; and (b) if they are high voltage conductors—earthed. 60—Compliance with provisions of Division (1) Persons carrying out work on or near electricity infrastructure or an electrical installation must comply with the provisions of this Division. (2) Electricity infrastructure operators, electrical installation operators and employers must ensure compliance with the provisions of this Division with respect to their employees and contractors.

Subdivision 2—Work on or near live electric conductors or electrical equipment 61—Application of Subdivision This Subdivision applies to work carried out— (a) in proximity to exposed live high or low voltage conductors, exposed live parts of high or low voltage electrical equipment or other conductors or electrical equipment; or (b) by direct contact with exposed live high or low voltage conductors or exposed live parts of high or low voltage electrical equipment; or (c) on de‑energised exposed conductors or exposed parts of electrical equipment if there is a possibility of the conductors or parts becoming live, unless the work is necessary to avoid a possible danger to life or serious personal injury. 62—Safe work practices All reasonable steps must be taken to ensure safety in work to which this Subdivision applies through— (a) the provision of suitable protection from adjacent live electrical conductors or adjacent live parts of electrical equipment; and (b) the use of insulated tools and equipment; and (c) the use of equipment and plant designed and made in accordance with recognised electricity industry practice; and (d) the use of safe work practices. 63—Work involving danger of direct contact with live conductors etc In the case of work involving a danger of accidental direct contact with exposed live conductors or exposed live parts of electrical equipment— (a) the work must only be carried out by a person who is competent and qualified to carry out the work; and (b) except where the contrary is shown by reference to generally accepted industry practices or the particular circumstances of the case, it will be presumed that safe work practices require the person to carry out the work with a competent assistant suitably trained in the work and— (i) in resuscitation; and (ii) in releasing persons from live electrical apparatus; and (iii) if appropriate, in rescuing persons from poles, structures, elevated work platforms or confined spaces. 64—Work in proximity to conductors etc (1) Work must not be carried out in proximity to conductors or electrical equipment unless— (a) it is carried out— (i) by a person who is suitably trained and qualified for such work beyond the approach limits set out in this regulation for such persons; or (ii) by a person who has been instructed in the identification of high and low voltage overhead conductors and the safety aspects of work near live powerlines beyond the approach limits set out in this regulation for such persons; and (b) it is carried out beyond the approach limits set out in this regulation that are applicable in the circumstances. (2) However, a person may work within the approach limits if— (a) the work can be carried out safely in any of the following circumstances: (i) there are installed suitable barriers or earthed metal shields between the person carrying out the work and the conductors or electrical equipment; (ii) the work to be carried out is testing of equipment and the equipment is designed such that the approach limits cannot be complied with; (iii) the work to be carried out is earthing of the conductors or equipment and is carried out after the conductors have been isolated and proved to be de‑energised; and (b) written instructions have been given, either generally or in a particular case, about the work and the precautions to be taken. (2a) In addition, an employee or contractor engaged by ElectraNet Pty Ltd (ACN 094 428 416) may work within the approach limits if they comply with the requirements relating to safe approach distances between persons and electrical apparatus set out in the ENA NENS 04-2006—National guidelines for safe access to electrical and mechanical apparatus (as in force from time to time) published by Standards Australia. (3) For the purposes of this regulation, the approach limits for a person, including an article of clothing worn by a person, or a conductive object held or carried by the person, are set out below—

Voltage of conductor or equipment Approach limit A Approach limit B Approach limit C Approach limit D

(Distance in metres) Insulated aerial line, not more than 1 000 V 0.6 0.1 Not more than 1 000 V 3.0 1.0 0.3 More than 1 000 V but not more than 11 kV 3.0 2.0 0.6 0.3 More than 11 kV but not more than 33 kV 3.0 3.0 0.9 0.45 66 kV 4.0 4.0 1.4 0.7 132 kV 5.0 5.0 2.4 1.5 275 kV 6.0 6.0 4.0 2.6 330 kV 7.0 7.0 5.0 3.7 (a) approach limit A applies to a person to whom none of approach limits B, C or D applies; (b) approach limit B applies to a person who has conducted a risk assessment before carrying out the work; (c) approach limit C applies to a person who has been instructed in the identification of high and low voltage overhead conductors and the safety aspects of work near live powerlines and who has conducted a risk assessment before carrying out the work; (d) approach limit D applies to a person suitably qualified and trained to work in proximity to exposed high and low voltage conductors or exposed parts of high and low voltage electrical equipment and who has conducted a risk assessment before carrying out the work. risk assessment, in relation to work to which this regulation applies, means an assessment of the risks involved in carrying out the work, taking into account the potential for movement of tools, materials and structures during the work.

Subdivision 3—Work on or near exposed high voltage conductors or electrical equipment 65—Work above exposed high voltage conductors etc Work must not be carried out and equipment must not be positioned above exposed high voltage conductors or exposed parts of high voltage electrical equipment unless the work or positioning of the equipment is authorised in writing by the operator of the electricity infrastructure or electrical installation concerned. 66—Work by direct contact with exposed high voltage conductors etc (1) Work must not be carried out by direct contact with exposed high voltage conductors or exposed parts of high voltage electrical equipment unless the exposed high voltage conductors or exposed parts of high voltage electrical equipment are— (a) isolated, and shown by testing to be isolated, from all sources of electricity supply; and (b) earthed. (2) If any such conductor or equipment cannot be directly contacted to prove isolation from all sources of electricity supply, it is sufficient if— (a) written instructions have been given for the isolation of the conductor or equipment from all sources of electricity supply; and (b) the conductor or equipment is earthed by a lockable earthing switch designed to be safely operated if the high voltage conductor or equipment has not been isolated from all sources of supply. 67—Live high voltage line work (1) Electrical work on exposed live high voltage conductors or exposed live parts of high voltage electrical equipment (live line work) must not be carried out unless authorised in writing by the operator of the electricity infrastructure or electrical installation on which the work will be carried out. (2) An electricity infrastructure operator or electrical installation operator may authorise a person to carry out live line work if satisfied the person— (a) has successfully finished a course of training approved by the Technical Regulator and provided by a training provider approved by the Technical Regulator; and (b) has been assessed by the training provider as competent to carry out the work. (3) The voltage of the powerlines on which live line work is carried out must be as stated by the relevant operator in the authorisation. (4) The relevant operator must take reasonable steps to satisfy itself as to the continuing competency of a person authorised by the operator to carry out live line work.

Subdivision 4—Miscellaneous 68—Rescue and resuscitation training Persons required to carry out, or to help in carrying out, electrical work must undergo suitable training annually to ensure their continued competency in rescue and resuscitation. 69—Suitability of testing instruments (1) If tests are required to be performed on electricity infrastructure, an electrical installation or safety equipment under the Act— (a) the testing instruments used must be designed for and capable of correctly performing the required tests; and (b) each testing instrument must be tested and calibrated to ensure it is in proper working order. (2) The records of tests performed on, and calibration of, testing instruments must be kept— (a) in the case of testing instruments purchased before the commencement of this subregulation—for at least 2 years; (b) in any other case—for at least 5 years.

Division 4—Reporting and investigation of accidents 70—Reporting of accidents (1) For the purposes of section 63 of the Act, a report must be made to the Technical Regulator of the details of the accident— (a) in the case of a death resulting from the accident—immediately by telephone; (b) in the case of a person requiring medical assistance resulting from the accident—within 1 working day of the accident; (c) in any other case—within 10 working days of the accident. (2) An electricity entity or person who is required to report an accident in accordance with section 63 of the Act must provide the Technical Regulator with such further details of the accident as the Technical Regulator reasonably requires. (3) An electricity entity that operates a transmission or distribution network must— (a) promptly investigate any accident that involves electric shock or electrical burns that may have been caused by the operation or condition of the transmission or distribution network or an electrical installation connected to the network and report the results of the investigation to the Technical Regulator in the form, and containing the details, required by the Technical Regulator; and (b) comply with any direction given by the Technical Regulator relating to the investigation of an accident to which section 63 of the Act relates, including a direction to conduct such examinations and tests as are required by the Technical Regulator. (4) If in the course of an investigation under subregulation (3) it is determined that the electric shock or electrical burns were caused by an electrical installation connected to the network, the electricity entity must report that result to the Technical Regulator and need not proceed further with the investigation.

Division 5—Safety, reliability, maintenance and technical management plans and reports 71—Application of Division (1) This Division applies to a licensee holding a licence authorising the generation of electricity or the operation of a transmission or distribution network or a person exempted from the requirement to hold such a licence. (2) However, the Technical Regulator may grant an exemption from this Division, or specified provisions of this Division, on terms and conditions the Technical Regulator considers appropriate. 72—Safety, reliability, maintenance and technical management plans (1) A person to whom this Division applies who is exempted from the requirement to hold a licence must, if so required by the Technical Regulator by notice in writing— (a) prepare, maintain and periodically revise a safety, reliability, maintenance and technical management plan— (i) in the case of an exemption which authorises the operation of solely generating plant to which AS 5577 does not apply—dealing with matters prescribed by subregulation (2); or (ii) in any other case—dealing with matters prescribed by subregulation (2a); (b) obtain the approval of the Technical Regulator to the plan and any revision; (c) comply with the plan as approved from time to time; (d) audit from time to time the person's compliance with the plan and report the results of those audits to the Technical Regulator. (2) For the purposes of section 22(1)(c) of the Act, the following are matters that must be dealt with by a safety, reliability, maintenance and technical management plan of a person to whom this Division applies in relation to a licence or exemption which authorises the operation of solely generating plant to which AS 5577 does not apply: (a) the safe design, installation, commissioning, operation, maintenance and decommissioning of electricity infrastructure owned or operated by the person; (b) the maintenance of a supply of electricity of the quality required to be maintained by or under the Act, these regulations, the person's licence or the conditions of any exemption granted to the person; (c) the implementation and conduct of safety measures and training programs for the purpose of— (i) reducing the risk of death or injury, or damage to property, arising out of the operation of electricity infrastructure owned or operated by the person; (ii) ensuring that employees performing work in respect of electricity infrastructure owned or operated by the person are competent and properly trained, perform their work safely and are provided with a safe system of work; (d) ensuring that contractors performing work in respect of electricity infrastructure owned or operated by the person have processes and procedures for ensuring that the persons personally performing the work are competent and properly trained, perform their work safely and are provided with a safe system of work; (e) the manner in which accidents and unsafe situations are to be dealt with, reported and investigated; (f) monitoring compliance with safety and technical requirements imposed by or under the Act, these regulations, the person's licence or the conditions of any exemption granted to the person; (fa) the preparation and maintenance of an internal switching manual that complies with the switching manual prepared by the Technical Regulator under regulation 13A; (g) monitoring electricity infrastructure owned or operated by the person for the purposes of identifying infrastructure that is unsafe or at risk of failing or malfunctioning; (h) monitoring and inspecting aerial lines owned or operated by the person in a bushfire risk area for the purpose of identifying risks posed by the aerial lines relating to bushfires; (i) in the case of a person who operates a transmission or distribution network— (i) monitoring compliance with requirements for vegetation clearance; (ii) the communication of information to the public for the purpose of reducing the risk of death or injury, or damage to property, arising out of the operation of electricity infrastructure owned or operated by the person; (iii) the communication of information to existing and potential customers about the facilities that customers must provide for connection to the network and procedures that customers must follow in order to prevent damage to or interference with the network. (2a) For the purposes of sections 22(1)(c) and 23(1)(c) of the Act, the following are matters that must be dealt with by a safety, reliability, maintenance and technical management plan of a person to whom this Division applies (other than a person to whom this Division applies in relation to a licence or exemption which authorises the operation of solely generating plant to which AS 5577 does not apply): (a) the preparation and maintenance of an Electricity Network Safety Management System in accordance with the requirements of AS 5577; (b) the matters prescribed in paragraphs (b), (f), (fa), (h) and (i) of subregulation (2). (3) A person to whom this Division applies must, at the request of the Technical Regulator, provide the Technical Regulator with such information and access to such officers, employees and contractors as the Technical Regulator reasonably requires for the purposes of determining whether a safety, reliability, maintenance and technical management plan prepared by the person is operating effectively and whether that person is complying with the plan. 73—Safety, reliability, maintenance and technical management reports (1) Subject to subregulation (4), a person who operates a transmission or distribution network must, within 21 working days after the end of each month, lodge with the Technical Regulator a report— (a) stating in relation to each unplanned interruption to the supply of electricity during that month that— (i) affected the supply of electricity to customers such that the aggregate of the periods for which the customers' supply was affected exceeded 120 000 minutes; or (ii) affected for 30 minutes or more the supply of electricity to 1 or more customers with a demand of greater than 1 MVA, the following: (iii) the date, time and cause of the interruption; (iv) the number of customers affected by the interruption; (v) the time taken to restore supply to all of the customers affected; (vi) the time taken to restore supply to the majority of the customers affected; (b) stating in relation to all unplanned interruptions to the supply of electricity during that month and in relation to each region as defined by the Technical Regulator— (i) the aggregate of the periods for which customers' supply was affected by the interruptions; and (ii) the average time taken to restore supply to all of the customers affected. (2) Subregulation (1) does not apply in relation to— (a) an interruption to the supply of electricity to a customer if the interruption was in accordance with an interruptible or curtailable supply contract with the customer; or (b) an interruption to the supply of electricity to a customer that occurred at the request of the customer or that was caused by the customer; or (c) an interruption that was rectified by an automatic supply restoration operation. (3) Subject to subregulation (4), a person who owns or operates electricity infrastructure must, on or before 31 August in each year, lodge with the Technical Regulator a report relating to the previous financial year containing the following information: (a) a general description of the circumstances in which electricity infrastructure owned or operated by the person has failed or malfunctioned or been found to be unsafe and of the action taken to rectify, or to prevent or minimise the risk or recurrence of, the failure, malfunction or unsafe situation; (b) the total costs actually incurred to maintain, repair and replace electricity infrastructure owned or operated by the person, together with an estimate of the total costs likely to be incurred for those purposes in the financial year following that to which the report relates; (c) whether the person has been able to comply with all aspects of the person's safety, reliability, maintenance and technical management plan and whether the person considers the plan to have been operating effectively. (4) This regulation applies to a person exempted from the requirement to hold a licence under section 23 of the Act only to the extent specified by the Technical Regulator by notice in writing to the person (but nothing in this subregulation affects the application of this regulation (according to its terms) to a person to whom this Division applies).

Part 11—Cathodic protection systems 74—Application of Part This Part does not apply to a cathodic protection system— (a) installed on any floating mobile structure, fishing equipment, fixed off shore structure (not connected with land above sea level) or internal surface of any apparatus, equipment or structure; or (b) using only galvanic anodes. 75—Tests before operating cathodic protection system (1) The person who owns or operates a cathodic protection system must ensure that it does not adversely affect the integrity or safety of any electricity infrastructure or supply system through corrosion. (2) The person who owns or operates a cathodic protection system that has an anode immersed in water or a marine environment must, within 90 days before starting to operate the system, perform tests to ensure that the potential difference between any 2 accessible points spaced 1 metre apart in the water or marine environment is not more than 3 V when the system is energised.