6Conditions of licences

#### 6 Conditions of licences 6 Conditions of licences > > (1) A licence is subject to the following conditions— > > > > > (a) the conditions imposed by this Act and the regulations or by or under any other Act, > > > > > (b) such other conditions (not inconsistent with those imposed by this Act and the regulations) as the Minister may from time to time impose in relation to the licence. > > > (2) Without limitation, the Minister may impose the following kinds of conditions on a licence— > > > > > (a) a condition specifying the period for which the licence is to remain in force, > > > > > (b) a condition requiring the holder of the licence to exercise its functions under this Act or any other Act in accordance with specified guidelines or subject to specified restrictions, > > > > > (c) a condition requiring the holder of the licence to continue to satisfy such technical or prudential criteria as have been adopted by the Minister to determine whether a person is able to operate a viable business as a distributor or transmission operator, > > > > > (d) a condition requiring the holder of the licence to maintain specified insurance cover in respect of specified risks, > > > > > (e) a condition requiring the affairs of the holder of the licence in relation to the operation of a distribution system to be kept separate, to the extent specified in the condition, from the affairs of the holder of the licence in relation to the supply of electricity, > > > > > (f) a condition requiring the holder of the licence— > > > > > > > (i) to prepare, and submit to the Minister, a plan setting out (in accordance with guidelines established by the Minister) the holder’s policies, practices and procedures with respect to the conduct of its affairs under the licence, and > > > > > > > (ii) to conduct its affairs under the licence in accordance with the plan so prepared, > > > > > (g) a condition requiring the holder of the licence to furnish to the Minister (at such times and in respect of such periods as the Minister may determine) such information as the Minister may determine to enable the Minister to ascertain whether or not the holder is complying with the other conditions of the licence, > > > > > (h) a condition requiring the holder of the licence to pay an annual licence fee of such amount as may be determined by the Minister, > > > > > (i) a condition requiring the holder of a transmission operator’s licence to— > > > > > > > (i) make payments in relation to transmission infrastructure owned or operated by the holder, in accordance with guidelines (strategic benefit payment guidelines) issued by the Minister from time to time, and > > > > > > > (ii) comply with the strategic benefit payment guidelines, > > > > > (j) a condition requiring the holder of the licence to comply with the network-to-network connection guidelines, > > > > > (k) a condition requiring the holder of the licence to participate in negotiations in the holder’s capacity as the holder of a licence in good faith. > > > (3) A condition referred to in subclause (2) (e) may require separate affairs to be conducted by separate divisions of the same legal entity or by separate legal entities. > > > (4) (Repealed) > > > (5) Without limitation, the Minister must impose the following conditions on each licence— > > > > > (a) conditions that impose specified performance standards for the reliability of operation of a transmission system and provide for reliability performance monitoring and reporting, > > > > > (b) conditions for ensuring that a network operator has arrangements in place to identify, assess and manage business continuity risks and manage business disruptions, > > > > > (c) conditions for ensuring that a network operator maintains a substantial operational presence in Australia. > > > (6) The strategic benefit payment guidelines may provide for the following— > > > > > (a) the eligibility of owners of land and holders of other interests in land on which transmission infrastructure is located to receive strategic benefit payments, > > > > > (a1) the eligibility of owners of land and holders of other interests in land that are impacted by transmission infrastructure to receive strategic benefit payments, > > > > > (b) the transmission infrastructure in relation to which strategic benefit payments may be required, > > > > > (c) the calculation of the amounts payable as strategic benefit payments, > > > > > (d) complaints and dispute resolution, > > > > > (e) the requirement to keep records and make reports, > > > > > (e1) other matters prescribed by the regulations, > > > > > (f) other matters the Minister considers necessary. > > > (7) (Repealed) > > > (8) The strategic benefit payment guidelines must be published in the Gazette. > > > (9) The Minister must consult with such other Ministers as the Minister considers appropriate before imposing conditions on a licence under this clause.