National Electricity (Northern Territory) (National Uniform Legislation) Act 2015

This Act imports the National Electricity Law (the SA schedule) into Northern Territory law, with a bespoke set of modifications and transitional arrangements tailored to the Territory. Section 6 makes the National Electricity Law set out in the Schedule to the South Australian Act (SA Act) apply in the Territory "as in force from time to time", subject to the modifications listed in Schedule 1. Section 7 brings over the regulations made under Part 4 of the SA Act as Territory regulations for the purposes of the applied National Electricity Law, with further possible local modifications under section 13. The effect is that the national statutory architecture , the AEMC rule‑making role, the AER regulatory functions and the Tribunal processes embedded in the National Electricity Law , operate in the Northern Territory, but not in an unamended form; the Schedule 1 modifications reframe the law for local electricity systems (see Schedule 2) and limit or suspend parts of the national framework where the Territory has chosen not to adopt them immediately or at all.

The Act creates several implementation and transitional mechanisms. It declares local electricity systems (Schedule 2, and s 9) and deems many national references to the national electricity system to include or be read as references to local electricity systems (Schedule 1 modifications, for example cl 3, new definitions and cl 9A (inserted s 32A)). It permits the Administrator to make regulations to modify the National Rules and Regulations insofar as needed for Territory operation (s 13). The Act also confers power on Commonwealth bodies, specifically the Australian Energy Regulator (AER) and the Tribunal, to perform functions in the Territory if those functions are conferred by the national electricity legislation of another participating jurisdiction (s 10). To reduce legal uncertainty during the phased rollout it validates instruments and decisions taken by the AER after enactment but before particular NT authorising provisions commenced (s 12A), and authorises preparatory steps taken by the AER before full commencement of authorising provisions (s 12B).

NORTHERN TERRITORY OF AUSTRALIA NATIONAL ELECTRICITY (NORTHERN TERRITORY) (NATIONAL UNIFORM LEGISLATION) ACT 2015 As in force at 20 November 2020 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 4 Crown to be bound .......................................................................... 2 5 Extra-territorial operation ................................................................. 2 Part 2 Adoption of National Electricity Law Division 1 National Electricity (NT) Law and National Electricity (NT) Regulations 6 Application in Territory of National Electricity Law ........................... 3 7 Application in Territory of regulations under National Electricity Law .................................................................................................. 3 8 Interpretation of expressions in National Electricity (NT) Law and National Electricity (NT) Regulations ........................................ 3 Division 2 General matters 9 Declaration of local electricity systems ............................................ 4 9A Minister to notify AEMC of making of modification instrument ......... 4 10 Conferral of functions and powers on Commonwealth bodies to act in this jurisdiction ................................................................... 4 11 Extension of reading-down provision ............................................... 5 12 Exercise of powers under provisions not yet in effect ...................... 5 12A Validation of instruments and decisions made by AER ................... 6 12B Authorisation of preparatory steps taken by AER ............................ 7 Part 3 Regulations 13 Regulations...................................................................................... 7

National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 ii Part 4 Repeals and transitional matters Division 1 Transitional matters for National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 – 1 July 2015 16 Definitions ........................................................................................ 8 Division 3 Repeals – 1 July 2019 17 Acts repealed................................................................................... 9 Division 4 Transitional matters for National Electricity (NT) Law – 1 July 2019 19 Existing dedicated connection assets ............................................ 10 20 New dedicated connection assets associated with existing licences.......................................................................................... 12 21 Processes associated with the variation of existing licences for dedicated connection assets ......................................................... 12 22 Connection processes commenced before commencement day (dedicated connection assets) ................................................ 13 23 Connection applications ................................................................ 13 24 Existing connection agreements .................................................... 14 25 Existing network technical codes ................................................... 14 Schedule 1 Modifications to National Electricity Law Part 1 Preliminary matters 1 Law modified ................................................................................. 15 2 Expiry of certain modifications ....................................................... 15 3 Section 2 modified ......................................................................... 15 4 Section 2EA inserted ..................................................................... 18 4A Section 8 modified ......................................................................... 18 5 Part 2, heading modified ................................................................ 18 6 Section 11 modified ....................................................................... 19 7 Section 12 modified ....................................................................... 21 7A Section 13 modified ....................................................................... 21 7B Section 14 modified ....................................................................... 21 8 Section 15 modified ....................................................................... 21 9 Section 16 modified ....................................................................... 22 9A Section 32A inserted ..................................................................... 22 32A—Manner in which AEMC has regard to national electricity objective ..... 22 9B Section 34 modified ....................................................................... 22 9C Section 46 modified ....................................................................... 23 11 Section 49 modified ....................................................................... 24 11A Section 53AA inserted ................................................................... 24 53AA—Division has no effect......................................................................... 24

National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 iii 11B Section 54C modified .................................................................... 24 11C Section 55AA inserted ................................................................... 24 55AA—Division has no effect......................................................................... 24 12 Section 62 modified ....................................................................... 25 12A Section 71A modified ..................................................................... 25 13 Section 71P modified ..................................................................... 25 14 Section 87 modified ....................................................................... 25 14A Section 88 modified ....................................................................... 26 14B Section 88AA inserted ................................................................... 27 88AA—AEMC may only make differential Rule in certain cases.................... 27 14C Section 88A modified ..................................................................... 27 14D Section 88B modified ..................................................................... 27 14E Section 89 modified ....................................................................... 27 14EA Section 89A inserted ..................................................................... 28 89A—AEMC must not make Rule inconsistent with rule modification............ 28 14F Section 91 modified ....................................................................... 28 14G Section 91A modified ..................................................................... 28 14H Section 95A inserted ..................................................................... 29 95A—Notice to Minister of proposed Rule ..................................................... 29 14J Section 99 modified ....................................................................... 29 14K Section 102 modified ..................................................................... 30 15 Section 109AA inserted ................................................................. 30 109AA—Part has no effect ............................................................................ 30 16 Section 118B modified ................................................................... 30 16A Section 122 modified ..................................................................... 31 16B Section 123AA inserted ................................................................. 31 123AA—Part has no effect ............................................................................ 31 17 Schedule 1 modified ...................................................................... 31 18 Schedule 3, Part 1AA inserted....................................................... 31 Part 1AA Parts 1 to 12 have no effect 1AA Parts 1 to 12 have no effect ........................................................... 31 26 Section 2D modified ...................................................................... 32 27 Section 6A modified ....................................................................... 32 27A Section 10A modified ..................................................................... 32 28 Section 28V modified ..................................................................... 32 29 Section 28ZD modified .................................................................. 33 30 Section 28ZH modified .................................................................. 33 31 Section 28ZI modified .................................................................... 33 32 Section 54C modified .................................................................... 34 33 Section 120 modified ..................................................................... 34 Schedule 2 Local electricity systems ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 20 November 2020

NATIONAL ELECTRICITY (NORTHERN TERRITORY) (NATIONAL UNIFORM LEGISLATION) ACT 2015 An Act to apply, as a law of the Territory, a national law providing for the operation of a national electricity market, to make interim arrangements, and for related purposes Part 1 Preliminary matters 1 Short title This Act may be cited as the National Electricity (Northern Territory) (National Uniform Legislation) Act 2015. 2 Commencement This Act commences as follows: (a) the Act, other than the provisions mentioned in paragraphs (b), (c) and (d) – on the day on which the Administrator's assent to the Act is declared; (b) Part 2 and Part 4, Division 2 – on 1 July 2016; (c) Part 4, Divisions 3 and 4 – on 1 July 2019; (d) Part 5 – on 1 July 2015. 3 Interpretation (1) In this Act: National Electricity (NT) Law means the provisions applying because of section 6. National Electricity (NT) Regulations means the provisions applying because of section 7. National Electricity (NT) Rules means the National Electricity Rules having the force of law in this jurisdiction under section 9 of the National Electricity (NT) Law.

Part 1 Preliminary matters National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 2 SA Act means the National Electricity (South Australia) Act 1996 (SA). (2) Words and expressions used in this Act and also in the National Electricity (NT) Law have the same meanings in this Act as they have in that Law. (3) Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires. 4 Crown to be bound This Act, the National Electricity (NT) Law and the National Electricity (NT) Regulations bind the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities. 5 Extra-territorial operation It is the intention of the Legislative Assembly that the operation of this Act, the National Electricity (NT) Law and the National Electricity (NT) Regulations should, so far as possible, include operation in relation to the following: (a) land situated outside the Territory, whether in or outside Australia; (b) things situated outside the Territory, whether in or outside Australia; (c) acts, transactions and matters done, entered into or occurring outside the Territory, whether in or outside Australia; (d) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, a State, another Territory or a foreign country.

Part 2 Adoption of National Electricity Law Division 1 National Electricity (NT) Law and National Electricity (NT) Regulations National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 3 Part 2 Adoption of National Electricity Law Division 1 National Electricity (NT) Law and National Electricity (NT) Regulations 6 Application in Territory of National Electricity Law The National Electricity Law set out in the Schedule to the SA Act, as in force from time to time: (a) applies, with the modifications set out in Schedule 1, as a law of the Territory; and (b) as so applying, may be referred to as the National Electricity (NT) Law. 7 Application in Territory of regulations under National Electricity Law The regulations in force from time to time under Part 4 of the SA Act: (a) apply, with any modifications prescribed under section 13(2)(b), as regulations in force for the purposes of the National Electricity (NT) Law; and (b) as so applying, may be referred to as the National Electricity (NT) Regulations. 8 Interpretation of expressions in National Electricity (NT) Law and National Electricity (NT) Regulations (1) In the National Electricity (NT) Law and the National Electricity (NT) Regulations: Legislature of this jurisdiction means the Legislative Assembly of the Northern Territory. Supreme Court means the Supreme Court of the Northern Territory. the jurisdiction or this jurisdiction means the Territory. the National Electricity Law or this Law means: (a) the National Electricity (NT) Law; or

Part 2 Adoption of National Electricity Law Division 2 General matters National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 4 (b) if the context or subject matter otherwise indicates or requires – the National Electricity Law set out in the Schedule to the SA Act, as in force from time to time. (2) The Acts Interpretation Act 1915 (SA) and other Acts of South Australia do not apply to the National Electricity (NT) Law or the National Electricity (NT) Regulations. Division 2 General matters 9 Declaration of local electricity systems An electricity system listed in Schedule 2, and any augmentation of that system, is declared to be a local electricity system for the purposes of the National Electricity (NT) Law. 9A Minister to notify AEMC of making of modification instrument (1) As soon as practicable after a modification instrument is made, the Minister must notify the AEMC of its making. (2) The Minister may delegate the Minister's function under subsection (1). (3) In this section: modification instrument means a regulation made under section 13(2)(c), or an amendment to this Act, that provides for a modification to the operation of the National Electricity Rules for the purpose of their having the force of law in this jurisdiction. National Electricity Rules means the National Electricity Rules as defined in section 2(1) of the National Electricity Law set out in the Schedule to the SA Act, as in force from time to time. 10 Conferral of functions and powers on Commonwealth bodies to act in this jurisdiction (1) A Commonwealth body has power to do acts in or in relation to the Territory in the performance or exercise of a function or power expressed to be conferred on the Commonwealth body by the national electricity legislation of another participating jurisdiction. (2) In this section: Commonwealth body means the AER or the Tribunal.

Part 2 Adoption of National Electricity Law Division 2 General matters National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 5 11 Extension of reading-down provision (1) Schedule 2, clause 2 of the National Electricity (NT) Law has effect in relation to the operation of any provision of this Act as if the provision formed part of that Law. (2) Subsection (1) does not limit the effect that a provision would validly have apart from the subsection. 12 Exercise of powers under provisions not yet in effect (1) This section applies if: (a) a provision of the National Electricity (NT) Law, National Electricity (NT) Regulations or National Electricity (NT) Rules (the deferred provision) does not yet have effect as part of a law of the Territory because of a modification; and (b) the modification: (i) is expressed to expire at a future time or on the occurrence of a future event; or (ii) is to cease to be in force on the commencement of a regulation made under section 13(2). (2) Schedule 2, clause 27 of the National Electricity (NT) Law has effect in relation to the deferred provision as if: (a) a reference in that clause to a provision of the Law that did not commence on its enactment were a reference to the deferred provision; and (b) a reference in that clause to the commencement of the provision were a reference to the deferred provision commencing to have effect as part of a law of the Territory because of the expiry or cessation of the modification. (3) In this section: modification means: (a) for a provision of the National Electricity (NT) Law – a modification set out in Schedule 1; or (b) for a provision of the National Electricity (NT) Regulations – a modification prescribed by regulation under section 13(2)(b); or

Part 2 Adoption of National Electricity Law Division 2 General matters National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 6 (c) for a provision of the National Electricity (NT) Rules – a modification prescribed by regulation under section 13(2)(c). 12A Validation of instruments and decisions made by AER (1) This section applies in relation to an instrument or decision made by the AER if: (a) the instrument or decision was made: (i) after this Act was enacted; but (ii) before the day (the operation day) on which a provision (the authorising provision) of the NT national electricity legislation commenced operation as a law of the Territory; and (b) had the authorising provision commenced operation as a law of the Territory, the making of the instrument or decision would have been authorised by or under the provision; and (c) for the making of the instrument or decision that would be so authorised subject to the satisfaction of any conditions or other requirements – the AER has done everything that would, if the authorising provision had commenced operation as a law of the Territory, be required under the NT national electricity legislation for the instrument or decision to be so authorised. Examples of instruments and decisions to which this section may apply 1 Guidelines. 2 Appointments, determinations and approvals. (2) Without limiting section 8 of the Interpretation Act 1978, for the purposes of the authorising provision: (a) the instrument or decision is taken to be valid; and (b) the instrument or decision has effect from the operation day: (i) as varied by any other instrument or decision to which this section applies, unless the other instrument or decision has been revoked; and (ii) subject to the NT national electricity legislation. (3) In this section: NT national electricity legislation means any of the following: (a) the National Electricity (NT) Law;

Part 3 Regulations National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 7 (b) the National Electricity (NT) Regulations; (c) the National Electricity (NT) Rules; (d) this Act. 12B Authorisation of preparatory steps taken by AER (1) This section applies if: (a) the AER is required to do something (a preparatory step) before making a decision or making an instrument under a provision (the authorising provision) of one of the following: (i) the National Electricity (NT) Law; (ii) the National Electricity (NT) Regulations; (iii) the National Electricity (NT) Rules; (iv) this Act; and (b) the AER takes the preparatory step: (i) after this Act was enacted; but (ii) before the day on which the authorising provision commenced operation as a law of the Territory. (2) For the purposes of the authorising provision, the AER is taken to have complied with the requirement to take the preparatory step. Part 3 Regulations 13 Regulations (1) The Administrator may make regulations under this Act. (2) The regulations may do any of the following: (a) amend Schedule 1, including amending it to provide for matters of a transitional nature to facilitate the transition to the application and operation of the National Electricity (NT) Law; (b) prescribe modifications to the regulations in force from time to time under Part 4 of the SA Act for the purposes of section 7(a), including modifications that provide for matters of a transitional nature to facilitate the transition to the application and operation of those regulations;

Part 4 Repeals and transitional matters Division 1 Transitional matters for National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 – 1 July 2015 National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 8 (c) prescribe modifications to the operation of the National Electricity Rules for the purpose of their having the force of law in this jurisdiction under section 9 of the National Electricity (NT) Law, including modifications that provide for matters of a transitional nature to facilitate the transition to the application and operation of those Rules. (3) The Administrator may make regulations contemplated by the National Electricity (NT) Law as being made under this Act as the application Act of this jurisdiction. (4) Regulations made under this section may apply, adopt or incorporate (with or without changes) a matter contained in another document or instrument as in force or existing at a particular time or from time to time. (5) In this section: National Electricity Rules means the National Electricity Rules as defined in section 2(1) of the National Electricity Law set out in the Schedule to the SA Act, as in force from time to time. Part 4 Repeals and transitional matters Division 1 Transitional matters for National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 – 1 July 2015 16 Definitions Despite section 3(1), until 1 July 2016, in this Act: National Electricity (NT) Law means the provisions that are to apply because of section 6 on 1 July 2016. National Electricity (NT) Regulations means the provisions that are to apply because of section 7 on 1 July 2016. National Electricity (NT) Rules means the National Electricity Rules that are to have the force of law in this jurisdiction under section 9 of the National Electricity (NT) Law on 1 July 2016.

Part 4 Repeals and transitional matters Division 4 Transitional matters for National Electricity (NT) Law – 1 July 2019 National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 9 Division 3 Repeals – 1 July 2019 17 Acts repealed The following Acts are repealed: (a) Electricity Networks (Third Party Access) Act 2000 (Act No. 11 of 2000); (b) Electricity Networks (Third Party Access) Amendment Act 2001 (Act No. 31 of 2001). Division 4 Transitional matters for National Electricity (NT) Law – 1 July 2019 commencement day means 1 July 2019. dedicated connection asset, see section 4(1) of the Electricity Reform Act 2000. electricity entity, see section 4(1) of the Electricity Reform Act 2000. existing DCA means a dedicated connection asset which, immediately before the commencement day: (a) exists; or (b) is contracted to be constructed under an existing connection agreement; or (c) a network provider has agreed to connect to a power system under an existing connection agreement. existing DCA owner means the owner or operator of an existing DCA. existing document means an Act or other document in existence or having effect immediately before the commencement day. existing technical code means a network technical code and network planning criteria in force under section 66A of the Electricity Reform Act 2000 immediately before the commencement day. large dedicated connection asset, see Chapter 10 of the National Electricity (NT) Rules (as in force immediately before the commencement day).

Part 4 Repeals and transitional matters Division 4 Transitional matters for National Electricity (NT) Law – 1 July 2019 National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 10 small dedicated connection asset, see Chapter 10 of the National Electricity (NT) Rules (as in force immediately before the commencement day). Utilities Commission means the Utilities Commission established under section 5 of the Utilities Commission Act 2000. 19 Existing dedicated connection assets (1) Subject to this section, the requirement to hold a licence or an exemption under the Electricity Reform Act 2000 in relation to a dedicated connection asset does not apply to an existing DCA until 1 August 2020. (2) In connection with the operation of subsection (1), but subject to subsection (4), the amendments made to the Electricity Reform Act 2000 which take effect on the commencement day do not apply so as to impose any additional conditions or other requirements in relation to an existing DCA. (3) Subsections (1) and (2) do not affect the terms or conditions of a licence or exemption in force immediately before the commencement day. (4) By 1 August 2020, an existing DCA owner must, in relation to each of its existing DCAs: (a) comply with the requirements of subsection (5); or (b) comply with the requirements of subsection (7). (5) The requirements of this subsection are that the existing DCA owner must notify the Utilities Commission of the following information in relation to each of its existing DCAs: (a) the identity of each owner or operator of the existing DCA; (b) whether the existing DCA is: (i) a large dedicated connection asset; or (ii) a small dedicated connection asset; (c) the location and route of the existing DCA; (d) in the case of an existing DCA that is covered by a licence or an exemption under the Electricity Reform Act 2000 – information identifying the licence or exemption;

Part 4 Repeals and transitional matters Division 4 Transitional matters for National Electricity (NT) Law – 1 July 2019 National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 11 (e) any other information that the Utilities Commission may reasonably require. (6) A notification under subsection (5) must be made in a form determined by the Utilities Commission. (7) The requirements of this subsection are: (a) in relation to an existing DCA covered by a licence – that the licence has been varied under the Electricity Reform Act 2000, as amended on or after the commencement day, and in accordance with section 21, to add the existing DCA to the licence; and (b) in any other case – that a licence or exemption has been obtained under the Electricity Reform Act 2000, as amended on or after the commencement day, in relation to the existing DCA. (8) The Utilities Commission must establish a register of existing DCAs notified under subsection (5). (9) The register must include, in relation to each existing DCA that has been notified: (a) in the case of an existing DCA that is covered by a licence or an exemption under the Electricity Reform Act 2000 – the identity of the holder of the licence or exemption; and (b) in the case of an existing DCA that is not covered by a licence or an exemption under the Electricity Reform Act 2000 – the identity of each owner or operator of the existing DCA; and (c) the classification of the existing DCA as: (i) a large dedicated connection asset; or (ii) a small dedicated connection asset; and (d) the location and route of the existing DCA. (10) The register may include any other information determined by the Utilities Commission. (11) The Utilities Commission must ensure the register is made available to the public.

Part 4 Repeals and transitional matters Division 4 Transitional matters for National Electricity (NT) Law – 1 July 2019 National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 12 20 New dedicated connection assets associated with existing licences (1) If an electricity entity holding a licence under Part 3 of the Electricity Reform Act 2000 that authorises the operation of an electricity network wants to own or operate a dedicated connection asset (other than an existing DCA) on or after the commencement day, the electricity entity must: (a) apply for a variation of the licence in accordance with section 21; or (b) apply for an exemption under section 87A of the Electricity Reform Act 2000 in relation to the dedicated connection asset. (2) To avoid doubt, an application under subsection (1)(b) will be dealt with as an entirely new matter under the Electricity Reform Act 2000 as amended on or after the commencement day. 21 Processes associated with the variation of existing licences for dedicated connection assets (1) This section applies to the variation of a licence under section 19(7)(a) or 20(1)(a). (2) An application for the variation of a licence to which this section applies must: (a) be made in a form determined by the Utilities Commission; and (b) state whether the dedicated connection asset is: (i) a large dedicated connection asset; or (ii) a small dedicated connection asset; and (c) identify the location and route of the dedicated connection asset. (3) Without limiting subsection (2), the applicant must provide to the Utilities Commission any other information the Utilities Commission may reasonably require in relation to the dedicated connection asset. (4) In deciding on the appropriate classification of a dedicated connection asset, the Utilities Commission may seek the advice of the system controller for the relevant transmission network.

Part 4 Repeals and transitional matters Division 4 Transitional matters for National Electricity (NT) Law – 1 July 2019 National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 13 (5) A system controller whose advice is sought under subsection (4) must provide that advice within a period specified by the Utilities Commission in the request. (6) If the Utilities Commission varies a licence under this section: (a) the Utilities Commission must state in the licence (as varied) whether the dedicated connection asset is classified as: (i) a large dedicated connection asset; or (ii) a small dedicated connection asset; and (b) the Utilities Commission may impose any conditions the Utilities Commission thinks appropriate in relation to the operation of the dedicated connection asset. 22 Connection processes commenced before commencement day (dedicated connection assets) (1) This section applies in relation to a dedicated connection asset if: (a) an application to connect the relevant apparatus, equipment or plant was made to the network provider in accordance with the Electricity Networks (Third Party Access) Act 2000 before the commencement day; and (b) the dedicated connection asset is put in place as a result of that application on or after 1 July 2019 and before 1 August 2020. (2) In a case where this section applies: (a) the dedicated connection asset will be taken to be an existing DCA under section 18; and (b) section 20 will not apply in relation to the dedicated connection asset. 23 Connection applications If an access application that complies with the requirements of the Electricity Networks (Third Party Access) Act 2000 has been received before the commencement day, that Act will continue to apply, despite its repeal under section 17, in relation to that application until: (a) a connection agreement is entered into, or varied, on account of that application; or

Part 4 Repeals and transitional matters Division 4 Transitional matters for National Electricity (NT) Law – 1 July 2019 National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 14 (b) any access dispute is resolved or determined (including by the making of an award); or (c) the access application lapses, is laid aside or withdrawn, or otherwise no longer has effect under that Act. 24 Existing connection agreements (1) The amendments to the Electricity Reform Act 2000 that commence on the commencement day are not intended to have the effect of: (a) altering any of the terms of an existing connection agreement (including the location of a connection point); or (b) altering the contractual rights or obligations of any of the parties under an existing connection agreement as between those parties; or (c) relieving the parties under any such existing connection agreement of their contractual obligations under such an agreement. (2) In subsection (1): connection point, see clause 3 of the Electricity Networks (Third Party Access) Code set out in the Schedule to the Electricity Networks (Third Party Access) Act 2000. 25 Existing network technical codes (1) On the commencement day, an existing technical code becomes a Network Technical Code under the Electricity Reform (Administration) Regulations 2000. (2) On and after the commencement day, to the extent that a provision of an existing technical code is inconsistent with a provision of the National Electricity (NT) Rules, the provision of the National Electricity (NT) Rules will prevail (and the provision of the existing technical code will not have effect to the extent of the inconsistency). (3) A reference in an existing document to section 66A of the Electricity Reform Act 2000 includes a reference to regulation 25 of the Electricity Reform (Administration) Regulations 2000, unless the context otherwise requires.

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 15 Schedule 1 Modifications to National Electricity Law section 6 Part 1 Preliminary matters 1 Law modified This Schedule modifies the National Electricity Law set out in the Schedule to National Electricity (South Australia) Act 1996 (SA) for the purposes of section 6(a). 2 Expiry of certain modifications (1) Part 3 expires on 1 July 2019. (2) Part 4 expires when the National Energy Retail Law is applied in this jurisdiction. (3) This clause expires on the later of the expiry of Part 3 or the expiry of Part 4. Part 2 Continuing modifications 3 Section 2 modified (1) Section 2(1), definitions interconnected national electricity system, National Electricity Rules or Rules, network service provider, Registered participant, Regulations and retailer omit (2) Section 2(1) insert (in alphabetical order) interconnected national electricity system means the interconnected transmission and distribution system in the other participating jurisdictions used to convey and control the conveyance of electricity to which are connected— (a) generating systems and other facilities; and (b) loads settled through the wholesale exchange operated and administered by AEMO in those other participating jurisdictions;

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 16 local electricity system means: (a) an electricity system declared by the application Act of this jurisdiction to be a local electricity system; and (b) the generating systems and other facilities owned, controlled or operated in this jurisdiction connected to that electricity system; local instrument means a regulation made under the application Act of this jurisdiction; National Electricity Rules or Rules mean each of the following, as modified by the application Act of this jurisdiction or a regulation made under that Act— (a) the initial National Electricity Rules; and (ab) additional Minister initiated Rules; and (b) Rules made by the AEMC under this Law, including Rules that amend or revoke— (i) the initial National Electricity Rules or additional Minister initiated Rules; or (ii) Rules made by it, or, if the context or subject matter otherwise indicates or requires, the Rules referred to in paragraphs (a), (ab) and (b); network service provider means a Registered participant who: (a) under section 11(3aa) is deemed to be registered for the purposes of section 11(2); and (b) owns, controls or operates a transmission system or distribution system that forms part of a local electricity system; Registered participant means a person who, under Part 3 of the Electricity Reform Act 2000 of the Northern Territory, holds a licence authorising the carrying on of operations in the electricity supply industry in connection with a local electricity system, other than a person who is prescribed by local instrument not to be a Registered participant in relation to those operations;

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 17 Regulations means: (a) the regulations made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia that apply as a law of this jurisdiction, as modified by the application Act of this jurisdiction or a regulation made under that Act; or (b) if the context or subject matter otherwise indicates or requires—the regulations made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia; retailer means a person who, under Part 3 of the Electricity Reform Act 2000 of the Northern Territory, holds a licence authorising the selling of electricity; Utilities Commission means the Utilities Commission of the Northern Territory established by section 5 of the Utilities Commission Act 2000 of the Northern Territory; (2A) Section 2(1), definitions distribution determination, paragraphs (a) and (b), distribution reliability standard and distribution service standard omit a distribution insert a local electricity (3) Section 2(1), definition national electricity market, paragraph (a) omit under this Law and the Rules insert in the other participating jurisdictions (4) Section 2(1), definition regulated distribution system operator omit distribution system insert local electricity system

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 18 4 Section 2EA inserted After section 2E insert 2EA—References to Rules made under this Law A reference in the definition of additional Minister initiated Rules, initial National Electricity Rules or National Electricity Rules or Rules to Rules made under this Law or a provision of this Law— (a) includes a reference to Rules made before the day on which Part 2 of the application Act of this jurisdiction commenced; and (b) is, in relation to Rules made before that day, a reference to Rules made under, or made under the corresponding provision of, the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as applied as a law of South Australia. 4A Section 8 modified After section 8(2) insert (2a) For the purposes of subsection (2), the MCE must regard the reference in the national electricity objective to the national electricity system as a reference to whichever of the following the MCE considers appropriate in the circumstances— (a) the national electricity system; (b) one or more, or all, of the local electricity systems; (c) all of the electricity systems referred to in paragraphs (a) and (b). 5 Part 2, heading modified Part 2, heading omit National Electricity Market insert Northern Territory local electricity systems

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 19 6 Section 11 modified (1) Section 11, heading omit market insert system (2) Before section 11(1) insert (1aa) Subsections (3) and (4) have no effect in this jurisdiction. Note— The application of subsections (3) and (4) may be revisited as part of the phased implementation of the Rules in this jurisdiction. (3) Section 11(1) omit the interconnected national electricity system insert a local electricity system (4) Section 11(1)(a) and (b) omit, insert (a) the person is a Registered participant in relation to that activity and that local electricity system; or (b) the person is the subject of a derogation that exempts the person from the requirement to be a Registered participant in relation to that activity under this Law and the Rules; or (ba) the person holds an exemption from the requirement to hold a licence under the Electricity Reform Act 2000 of the Northern Territory in relation to that activity; or (bb) the person has the benefit of a provision of the Electricity Reform Act 2000 of the Northern Territory, or a regulation made under that Act, that has the effect that the relevant activity does not require a licence under that Act in relation to

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 20 a generating system, including on the basis that an activity is declared not to be generation of electricity for the purposes of that Act; or (bc) the person is prescribed by local instrument not to be a Registered participant in relation to that activity and that local electricity system. (5) Section 11(2) omit the interconnected national electricity system insert a local electricity system (6) Section 11(2)(a) and (b) omit, insert (a) the person is a Registered participant in relation to that activity and that local electricity system; or (b) the person is the subject of a derogation that exempts the person, or is otherwise exempted by the AER, from the requirement to be a Registered participant in relation to that activity under this Law and the Rules; or (ba) the person holds an exemption from the requirement to hold a licence under the Electricity Reform Act 2000 of the Northern Territory in relation to that activity; or (bb) the person is prescribed by local instrument not to be a Registered participant in relation to that activity and that local electricity system. (7) After section 11(2) insert (3aa) A Registered participant who holds a licence authorising the carrying on of operations that correspond to an activity and a local electricity system mentioned in subsection (1) or (2) is deemed to be a Registered participant in relation to that activity and that local electricity system for the purposes of that subsection or those subsections, as the case requires.

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 21 (3ab) Subsection (2) does not apply to the activity of owning, controlling or operating an embedded network within the meaning of the National Electricity (NT) Rules (as in force from time to time). 7 Section 12 modified Before section 12(1) insert (1aa) This section has no effect in this jurisdiction. Note— The application of section 12 may be revisited as part of the phased implementation of the Rules in this jurisdiction. 7A Section 13 modified Before section 13(1) insert (1aa) This section has no effect in this jurisdiction. Note— The application of section 13 may be revisited as part of the phased implementation of the Rules in this jurisdiction. 7B Section 14 modified Before section 14(1) insert (1aa) This section has no effect in this jurisdiction. Note— The application of section 14 may be revisited as part of the phased implementation of the Rules in this jurisdiction. 8 Section 15 modified Section 15(1)(e) omit the interconnected transmission and distribution insert a local electricity

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 22 9 Section 16 modified After section 16(1) insert (1a) For the purposes of subsection (1)(a) and (d), the AER must regard the reference in the national electricity objective to the national electricity system as a reference to a local electricity system or to all local electricity systems, as the case requires. 9A Section 32A inserted After section 32 insert 32A—Manner in which AEMC has regard to national electricity objective Subject to section 88(2a), for the purposes of this Law, the AEMC must regard the reference in the national electricity objective to the national electricity system as a reference to whichever of the following the AEMC considers appropriate in the circumstances— (a) the national electricity system; (b) one or more, or all, of the local electricity systems; (c) all of the electricity systems referred to in paragraphs (a) and (b). 9B Section 34 modified (1) Section 34(1)(a)(iii) omit, insert (iia) the operation of a local electricity system for the purposes of the safety, security and reliability of that system; (iii) the activities of persons (including Registered participants) participating in the national electricity market or involved in the operation of the national electricity system or a local electricity system;

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 23 (2) After section 34(3)(b) insert (ba) vary in their terms as between— (i) the national electricity system; and (ii) one or more, or all, of the local electricity systems; (bb) have no effect with respect to one or more of the systems referred to in paragraph (ba); 9C Section 46 modified (1) Section 46 omit The insert (1) Subject to subsection (2), the (2) Section 46, at the end insert (2) The AEMC must update the copies of the National Electricity Rules published and made available under subsection (1) to reflect each rule modification provided for by a modification instrument— (a) if notified of the making of the modification instrument at least 10 business days before the rule modification commences— on the day the rule modification commences; or (b) otherwise—within 10 business days of being notified of the making of the modification instrument. (3) In this section— modification instrument means a regulation made under section 13(2)(c) of the application Act of this jurisdiction, or an amendment to that Act, that provides for a rule modification; notified means notified by the Minister of this participating jurisdiction;

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 24 rule modification means a modification to the operation of the National Electricity Rules for the purpose of their having the force of law in this jurisdiction. 11 Section 49 modified (1) Before section 49(1) insert (1aa) Subsections (1)(a) to (f) and (2), and notes to subsection (1), have no effect in this jurisdiction. (2) After section 49(3) insert (4) For the purposes of subsection (3), AEMO must regard the reference in the national electricity objective to the national electricity system as a reference to a local electricity system or to all local electricity systems, as the case requires. 11A Section 53AA inserted After Part 5, Division 5, heading insert 53AA—Division has no effect This Division has no effect in this jurisdiction. 11B Section 54C modified After section 54C(2)(d) insert (da) the Utilities Commission; 11C Section 55AA inserted After Part 5, Division 7, heading insert 55AA—Division has no effect This Division has no effect in this jurisdiction.

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 25 12 Section 62 modified Section 62(b), after " AEMO" insert in the other participating jurisdictions 12A Section 71A modified Section 71A, definition reviewable regulatory decision, paragraph (a) omit, insert (a) subject to the Regulations, a network revenue or pricing determination that sets a regulatory period; or 13 Section 71P modified After section 71P(3) insert (4) For the purposes of subsections (2a)(c) and (2b)(c), the Tribunal must regard the reference in the national electricity objective to the national electricity system as a reference to a local electricity system or to all local electricity systems, as the case requires. 14 Section 87 modified (1) Section 87, definition urgent Rule omit (2) Section 87 insert (in alphabetical order) differential Rule means a Rule that: (a) varies in its terms as between— (i) the national electricity system; and (ii) one or more, or all, of the local electricity systems; or (b) does not have effect with respect to one or more of those systems,

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 26 but is not a jurisdictional derogation, participant derogation or Rule that has effect with respect to an adoptive jurisdiction for the purpose of section 91(8); uniform Rule means a Rule that: (a) does not vary in its terms as between— (i) the national electricity system; and (ii) one or more, or all, of the local electricity systems; and (b) has effect with respect to all of those systems; urgent Rule means a Rule relating to any matter or thing that, if not made as a matter of urgency, will result in that matter or thing imminently prejudicing or threatening— (a) the effective operation or administration of the wholesale exchange operated and administered by AEMO in the other participating jurisdictions; or (b) the safety, security or reliability of: (i) the national electricity system; or (ii) a local electricity system. 14A Section 88 modified After section 88(2) insert (2a) For the purposes of this Part, the AEMC must regard the reference in the national electricity objective to the national electricity system as a reference to whichever of the following the AEMC considers appropriate in the circumstances having regard to the nature, scope or operation of the proposed Rule— (a) the national electricity system; (b) one or more, or all, of the local electricity systems; (c) all of the electricity systems referred to in paragraphs (a) and (b).

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 27 14B Section 88AA inserted After section 88 insert 88AA—AEMC may only make differential Rule in certain cases (1) In addition to complying with sections 88, 88A and 88B, the AEMC may only make a Rule if it is satisfied that it is a uniform Rule. (2) Despite subsection (1), the AEMC may make a differential Rule if the AEMC is satisfied that, having regard to any relevant MCE statement of policy principles, the differential Rule will, or is likely to, better contribute to the achievement of the national electricity objective than a uniform Rule. (3) This section does not apply in relation to— (a) a jurisdictional derogation requested under section 91(3); or (b) a participant derogation requested under section 91(5) or (6); or (c) a Rule that has effect with respect to an adoptive jurisdiction for the purposes of section 91(8). 14C Section 88A modified Section 88A, after "sections 88" insert , 88AA 14D Section 88B modified Section 88B, after "sections 88" insert , 88AA 14E Section 89 modified Section 89(c) omit the national electricity system

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 28 insert a local electricity system 14EA Section 89A inserted After section 89, in Part 7, Division 1, Subdivision 2 insert 89A—AEMC must not make Rule inconsistent with rule modification (1) Despite any other provision of this Subdivision, the AEMC must not make a Rule that— (a) would be inconsistent with a rule modification made by a modification instrument; and (b) would apply only in this jurisdiction. (2) This section does not apply in relation to a jurisdictional derogation requested under section 91(3). (3) In this section— modification instrument has the meaning given by section 46(3); rule modification has the meaning given by section 46(3). 14F Section 91 modified After section 91(1) insert (1a) A request under subsection (1) may request the AEMC to make a differential Rule. 14G Section 91A modified (1) Section 91A, before "The" insert (1)

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 29 (2) Section 91A, at the end insert (2) To avoid doubt, the AEMC may, in accordance with section 88AA, make a more preferable Rule that is a differential Rule, whether or not the market initiated proposed Rule (to which the more preferable Rule relates) proposed the making of a differential Rule. 14H Section 95A inserted After section 95 insert 95A—Notice to Minister of proposed Rule (1) This section applies if— (a) the AEMC considers that it should take action under this Division in respect of a request for the making of a Rule; and (b) the request included a request that the AEMC make a differential Rule. (2) In addition to the requirements of section 95, the AEMC must give the Minister of this participating jurisdiction— (a) a copy of the notice published under section 95(1a)(a); and (b) a draft of the proposed Rule; and (c) any other document prescribed by the Regulations. 14J Section 99 modified (1) After section 99(1b) insert (1c) In the case of a proposed Rule that is a differential Rule, the AEMC must also, as soon as practicable after publishing a notice under subsection (1a)(b) or (1b), give the Minister of this participating jurisdiction the draft Rule determination and a copy of the notice. (2) After section 99(2)(a)(ii) insert (iia) in the case where the proposed Rule is a differential Rule, the reasons of the AEMC as to whether it is

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 30 satisfied the proposed Rule will, or is likely to, better contribute to the achievement of the national electricity objective than a uniform Rule; and 14K Section 102 modified (1) After section 102(1a) insert (1b) If the Rule to be made is a differential Rule, the AEMC must also, as soon as practicable after publishing a notice under subsection (1a)(b), give the Minister of this participating jurisdiction— (a) the final Rule determination; and (b) a copy of the notice. (2) After section 102(2)(a)(ii) insert (iia) in the case where the Rule to be made is a differential Rule, the reasons of the AEMC as to whether it is satisfied the Rule will, or is likely to, better contribute to the achievement of the national electricity objective than a uniform Rule; and 15 Section 109AA inserted After Part 8, heading insert 109AA—Part has no effect This Part has no effect in this jurisdiction. 16 Section 118B modified After section 118B(2) insert (2a) For the purposes of subsection (2)(a), the Minister must regard the reference in the national electricity objective to the national electricity system as a reference to a local electricity system or to all local electricity systems, as the case requires.

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 31 16A Section 122 modified Before section 122(1) insert (1aa) This section has no effect in this jurisdiction. 16B Section 123AA inserted After Part 10, Division 1, heading insert 123AA—Part has no effect This Part has no effect in this jurisdiction. Note— The application of Part 10 may be revisited as part of the phased implementation of the Rules in this jurisdiction. 17 Schedule 1 modified (1) Schedule 1, items 4, 7, 9 and 34(a), after "AEMO" insert in the other participating jurisdictions (2) Schedule 1, item 32, after "system," insert or a local electricity system, 18 Schedule 3, Part 1AA inserted Schedule 3, before Part 1, heading insert Part 1AA Parts 1 to 12 have no effect 1AA Parts 1 to 12 have no effect Parts 1 to 12 of this Schedule have no effect in this jurisdiction.

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 32 Part 4 Modifications expiring on application of National Energy Retail Law 26 Section 2D modified (1) Section 2D(1)(b)(ia) omit (2) Section 2D(2)(b) omit , the National Energy Retail Law or the National Energy Retail Rules (3) Section 2D, note 2 omit 27 Section 6A modified Before section 6A(1) insert (1aa) This section has no effect in this jurisdiction until the National Energy Retail Law is applied as a law of this jurisdiction. 27A Section 10A modified Before section 10A(1) insert (1aa) This section has no effect in this jurisdiction until the National Energy Retail Law is applied as a law of this jurisdiction. 28 Section 28V modified Section 28V(4A) omit

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 33 29 Section 28ZD modified (1) Section 28ZD(b) omit Rules; or insert Rules. (2) Section 28ZD(c) omit 30 Section 28ZH modified (1) Section 28ZH(1)(c) and (d) omit (2) Section 28ZH, note omit and section 219 of the National Energy Retail Law 31 Section 28ZI modified (1) Section 28ZI(1)(b) omit Rules; insert Rules. (2) Section 28ZI(1)(c) and (d) omit (3) Section 28ZI, note omit and section 220 of the National Energy Retail Law

Schedule 1 Modifications to National Electricity Law National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 34 32 Section 54C modified Section 54C(2)(f) omit 33 Section 120 modified Section 120(2A) omit

Schedule 2 Local electricity systems National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 35 Schedule 2 Local electricity systems section 9 1 Darwin electricity system The electricity system (being the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity): (a) located in the Darwin region; and (b) operated, as at 1 July 2015, by Power and Water Corporation; but not including the Darwin to Katherine 132kV power line described in item 5. 2 Katherine electricity system The electricity system (being the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity): (a) located in the Katherine region; and (b) operated, as at 1 July 2015, by Power and Water Corporation; but not including the Darwin to Katherine 132kV power line described in item 5. 3 Tennant Creek electricity system The electricity system (being the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity): (a) located in the Tennant Creek region; and (b) operated, as at 1 July 2015, by Power and Water Corporation. 4 Alice Springs electricity system The electricity system (being the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity): (a) located in the Alice Springs region; and (b) operated, as at 1 July 2015, by Power and Water Corporation.

Schedule 2 Local electricity systems National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 36 5 Darwin to Katherine 132kV power line The 132 kV power line that extends from the network 132 kV bus at Channel Island Power Station to a 132/22 kV zone substation adjacent to the Katherine Power Station, with 132/22 kV zone substations at Manton and Batchelor and a 132/66kV transmission terminal station at Pine Creek.

ENDNOTES National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 37 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION National Electricity (Northern Territory) (National Uniform Legislation)regula 2015 (Act No. 16, 2015) Assent date 22 May 2015 Commenced pt 2 and pt 4, div 2: 1 July 2016; pt 4, divs 3 and 4: 1 July 2019; pt 5: 1 July 2015; rem: 22 May 2015 (s 2) Electricity Legislation Amendment Act 2016 (Act No. 22, 2016) Assent date 9 June 2016 Commenced pt 3, div 3: nc; rem: 1 July 2016 (s 2) National Electricity (Northern Territory) (National Uniform Legislation) Amendment Act 2017 (Act No. 15, 2017) Assent date 27 June 2017 Commenced 1 July 2017 (s 2) National Electricity (Northern Territory) (National Uniform Legislation) (Act Amendment) Regulations 2017 (SL No. 18, 2017) Notified 29 June 2017 Commenced 1 July 2017 (r 2 and s 2 National Electricity (Northern Territory) (National Uniform Legislation) Amendment Act 2017 (Act No. 15, 2017)) National Electricity (Northern Territory) (National Uniform Legislation) Consequential Amendment Regulations 2019 (SL No. 16, 2019) Notified 1 July 2019 Commenced 1 July 2019 (r 2) Statute Law Revision Act 2020 (Act No. 26, 2020) Assent 19 November 2020 Commenced 20 November 2020 (s 2)

ENDNOTES National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 38 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1 and 12A. 4 LIST OF AMENDMENTS s 3 amd No. 15, 2017, s 4 s 6 amd No. 22, 2016, s 8; No. 15, 2017, s 5 s 7 amd No. 22, 2016, s 9; No. 15, 2017, s 6 s 8 amd No. 22, 2016, s 10; No. 15, 2017, s 7 s 9 sub No. 15, 2017, s 8 s 9A ins No. 22, 2016, s 11 amd No. 15, 2017, s 9 s 12 amd No. 22, 2016, s 12 s 12A ins No. 22, 2016, s 13 amd No. 15, 2017, s 10 s 12B ins No. 22, 2016, s 13 amd No. 15, 2017, s 11 s 13 amd No. 22, 2016, s 14; No. 15, 2017, s 12 s 14 exp No. 16, 2016, s 14(3) s 15 exp No. 16, 2016, s 15(3) pt 4 div 2 hdg rep No. 15, 2017, s 13 pt 4 div 4 note rep SL No. 16, 2019, r 13 s 18 exp No. 16, 2015, s 61 ins SL No. 16, 2019, r 13 s 19 amd No. 26, 2020, s 3 ss 20 – 25 exp No. 16, 2015, s 61 ins SL No. 16, 2019, r 13 pt 5 hdg exp No. 16, 2015, s 61 pt 5 div 1 hdg exp No. 16, 2015, s 61 ss 43 – 44 exp No. 16, 2015, s 61 pt 5 div 2 hdg exp No. 16, 2015, s 61 ss 45 – 60 exp No. 16, 2015, s 61 pt 5 div 3 hdg exp No. 16, 2015, s 61 s 61 exp No. 16, 2015, s 61 sch 1 amd No. 22, 2016, ss 15 to 21; No. 15, 2017, s 14; SL No. 18, 2017, r 4; SL No. 16, 2019, r 14; No. 26, 2020, s 3 sch 2 amd No. 15, 2017, s 15

1 National Electricity (Northern Territory) (National Uniform Legislation) Act 2015

The principal structural concept is "local electricity system". Schedule 1 inserts and defines "local electricity system" and rewrites many places in the National Electricity Law to make the regime apply to Territory systems instead of, or as well as, the interconnected national electricity system (Schedule 1, cl 3; Schedule 2 lists the declared systems). That reframing drives much of the Act: registration, rule‑making, AEMC/AER obligations and the national electricity objective are all calibrated to allow the AEMC, AER and Tribunal to treat references to the national system as references to one or more local electricity systems where appropriate (see Schedule 1 cl 4A, cl 9A, cl 9C).

"National Electricity (NT) Law", "National Electricity (NT) Regulations" and "National Electricity (NT) Rules" are technical labels used in this Act for the applied statute, regulations and Rules (s 3). The Act expressly provides that those labels mean the National Law and Regulations as applied in the Territory (s 3(1) and s 6-7). Section 8 contains localised interpretive substitutions, including definitions of Legislature of this jurisdiction and Supreme Court, and a direction that South Australian Acts of interpretation do not apply to the applied Law or Regulations (s 8(2)). This keeps the statutory machinery consistent with Northern Territory institutions.

Differential Rule versus uniform Rule is a repeated conceptual axis in Schedule 1. The Act distinguishes between uniform Rules (which apply identically across the national system and local systems) and differential Rules (which vary in their terms between the national system and one or more local electricity systems). Schedule 1 inserts new constraints and procedural requirements around the making of differential Rules (cl 14B inserting s 88AA) , the AEMC may only make a differential Rule if it is satisfied the differential Rule will, or is likely to, better contribute to the national electricity objective than a uniform Rule, subject to other exceptions (Schedule 1 cl 14B(2)-(3)).

Transitional concepts govern dedicated connection assets. The Act recognises "existing DCA" (existing dedicated connection asset) and provides a transitional period during which the existing licensing regime does not immediately apply (s 19(1) gives an exemption until 1 August 2020). Existing DCA owners must either notify the Utilities Commission (with specified detail) or secure licence variations or exemptions by the deadline (s 19(4)-(7)). The Utilities Commission must keep a public register (s 19(8)-(11)), and licence variations can have conditions imposed specific to the DCA (s 21(6)(b)). For DCAs associated with existing licences, owners must vary licences or apply for exemptions (s 20). The Act also preserves the effect of connection applications and agreements started under the repealed Electricity Networks (Third Party Access) Act 2000 until they are determined or lapse (s 23).

AEMC/AER/Tribunal functions are carried into the Territory subject to the modifications. Section 10 expressly permits the AER or the Tribunal to do acts in the Territory "in the performance or exercise of a function or power expressed to be conferred on the Commonwealth body by the national electricity legislation of another participating jurisdiction". Schedule 1 further modifies AEMC processes including notice and consultation obligations where differential Rules are proposed (see Schedule 1 cl 14H-14K inserting ss 95A, modifications to ss 99 and 102).

A technical but important concept is the validation of actions taken by the AER between enactment and formal commencement of particular NT provisions. Section 12A deems certain pre‑commencement instruments or decisions of the AER valid from the operation day if they meet specified conditions. Section 12B similarly authorises preparatory steps that the AER is required to take before exercising certain powers.

Finally, the Act contains express "no effect" or expiry devices. Schedule 1 inserts multiple provisions that disapply or suspend various Parts or sections of the National Electricity Law in the Territory (for example Schedule 1 cl 6(1), cl 7 insertions (1aa) and many "This Division has no effect" insertions such as cl 11A and cl 11C). Parts of the National Law are set to expire or have their applicability deferred until later stages of implementation, and some modifications are slated to expire upon the application of the National Energy Retail Law (Schedule 1, Part 4).

Registered participants, electricity retailers and network operators in the Territory are directly affected, but the Act reassigns what counts as those categories for Territory purposes. The Schedule 1 modifications redefine "Registered participant" to mean a person who, under Part 3 of the Electricity Reform Act 2000, holds a licence authorising operations in connection with a local electricity system; a person may also be prescribed by local instrument not to be a Registered participant (Schedule 1 cl 3). That means holders of licences under the Electricity Reform Act 2000 are treated as Registered participants for National Electricity Law purposes in the Territory, and licence conditions and regulatory obligations will follow from that overlap.

Owners and operators of dedicated connection assets are a defined, materially affected group. Existing DCA owners must either notify the Utilities Commission of defined information (s 19(5)-(6)) or seek licence variations or exemptions by the deadline (s 19(4)-(7)). Owners of DCAs that are to be newly owned by licensed electricity entities after commencement must either vary the licence (s 20(1)(a)) or apply for an exemption (s 20(1)(b)). Network providers who face connection applications made under the previous third party access law are affected by the transitional saving (s 23).

The Utilities Commission gains new administrative duties. It is required to receive notifications of existing DCAs and create and publish a register of them (s 19(5)-(11)). It gains decision‑making discretion when varying licences to add DCAs, including the ability to impose conditions appropriate to the operation of the DCA (s 21(6)). The Utilities Commission may also specify forms and request information (s 19(6), s 21(2)-(3)).

Commonwealth bodies with national roles, principally the AER and the Tribunal, are authorised to exercise functions and powers in the Territory where those functions are conferred by national electricity legislation of other participating jurisdictions (s 10). The Act also includes provisions validating AER actions taken between enactment and commencement of NT authorising provisions (s 12A) and authorising preparatory steps (s 12B); these affect the AER’s operational and evidentiary position in the Territory.

The Australian Energy Market Commission (AEMC) is affected procedurally. The Minister must notify the AEMC as soon as practicable after making a modification instrument (s 9A). Schedule 1 further requires the AEMC to treat the national electricity objective as inclusive of appropriate local electricity systems when considering rule changes for Territory impact (Schedule 1 cl 4A, cl 9A etc.). Where a differential Rule is proposed or made, the AEMC must give the Territory Minister drafts, determinations and reasons at specified times (Schedule 1 cl 14H-14K inserting s 95A and amending ss 99 and 102).

Participants with pending access applications under the Electricity Networks (Third Party Access) Act 2000 are affected by the transitional saving in s 23. If an access application complying with the old Act is received before the repeal date, the old Act continues to apply to that application until it is resolved or otherwise lapses (s 23).

The Crown in right of the Territory is bound by the Act (s 4), and the Act contemplates extraterritorial operation to the extent reasonably possible (s 5), meaning conduct or assets outside the Territory can be caught where jurisdictional connections exist.

Finally, market participants outside the Territory are affected indirectly because the Act reframes national rule‑making to allow local exceptions and differential Rules. The AEMC is constrained by the new statutory standard that it should not make a differential Rule unless satisfied it will better contribute to the national electricity objective than a uniform Rule (Schedule 1 cl 14B inserting s 88AA). This creates a procedural and substantive filter that can limit or channel national rule outcomes to account for Territory circumstances.

Duties and rights are allocated across several actors: the Administrator (power to make regulations under this Act, s 13), the Minister (notification duties, s 9A), the Utilities Commission (registering DCAs, varying licences, s 19, s 21), registered participants/licensees (licensing, notification and variation obligations, s 19-21), and the AEMC/AER/Tribunal (rule‑making, regulatory enforcement and dispute resolution under the applied National Electricity Law subject to modifications).

Ministerial duty: the Minister must notify the AEMC "as soon as practicable" after a "modification instrument" is made (s 9A(1)). Modification instrument is defined to include a regulation under s 13(2)(c) or an amendment to this Act that modifies the operation of the National Electricity Rules for their Territory legal force (s 9A(3)). The Minister may delegate this notification function (s 9A(2)).

Administrator/regulation power: the Administrator may make regulations to amend Schedule 1 (including transitional matters), to prescribe modifications to South Australian regulations adopted under s 7(a) and to prescribe modifications to the National Electricity Rules for their force in the Territory (s 13(2)(a)-(c)). Regulations may adopt or incorporate material from other instruments and may relate to transitional facilitation (s 13(4)-(5)).

Utilities Commission duties: for existing DCAs the Utilities Commission must accept notification in a determined form (s 19(5)-(6)), establish and maintain a publicly available register (s 19(8)-(11)), and when asked to vary a licence must determine classification (large or small DCA), may seek the system controller's advice and must record classification in the varied licence (s 21(2)-(6)). The Utilities Commission may impose any conditions it thinks appropriate related to operation of the DCA when varying licences (s 21(6)(b)).

Owners/operators duties: existing DCA owners must by 1 August 2020 either notify the Utilities Commission with specified information (s 19(4)-(6)) or comply with licence variation or exemption requirements (s 19(7)). New DCAs associated with existing licences require licence variation or an exemption application under the amended Electricity Reform Act 2000 (s 20). Connection processes commenced under the old Third Party Access Act are preserved until determination (s 23).

AEMC duties and rights: the AEMC's rule‑making and consultation functions apply subject to the Schedule 1 modifications that require the AEMC to have regard to the national electricity objective as applied to local systems (Schedule 1 cl 4A, cl 9A etc.). The AEMC may only make a differential Rule in the Territory if satisfied the differential Rule will, or is likely to, better contribute to achieving the national electricity objective than a uniform Rule (Schedule 1 cl 14B inserting s 88AA). Where a request for a differential Rule is made, the AEMC must notify the Territory Minister and provide drafts, determinations and prescribed documents at specific stages (Schedule 1 cl 14H-14K inserting s 95A and modifying ss 99 and 102).

AER and Tribunal rights/duties: s 10 expressly allows the AER and the Tribunal to perform functions in the Territory that are conferred on them by national electricity legislation of another participating jurisdiction. The Act also validates certain instruments and decisions of the AER made after enactment but before operation days, provided the making would have been authorised and required actions were taken (s 12A). Preparatory steps required for later decision‑making are authorised to be treated as done (s 12B).

Reading‑down and interpretive duties: section 11 extends the effect of the reading‑down provision (Schedule 2, cl 2 of the National Law) to any provision of this Act as if it formed part of the Law (s 11(1)). The effect is that interpretive devices limiting a potentially invalid or inapplicable provision may be used more broadly.

Rights preserved: the Act preserves contractual rights under existing connection agreements (s 24(1)) and maintains that existing connection applications under the repealed Electricity Networks (Third Party Access) Act continue to be governed by that Act until resolution (s 23).

Notably the Act itself creates procedural duties rather than new criminal offences or penalty schemes. Enforcement and sanctioning mechanisms are those provided by the National Electricity Law as applied in the Territory and by the Electricity Reform Act 2000, subject to the Schedule 1 modifications and transitional provisions (see ss 6-8 and Schedule 1). For example, when varying a licence the Utilities Commission may impose conditions (s 21(6)(b)), but the Act does not create new specified fines or criminal penalties in the text provided.

The Act is primarily an application and modification instrument; it does not itself set out a separate suite of new penalties. Enforcement and sanctioning within the Territory for activities covered by the applied National Electricity Law will generally flow from the enforcement provisions embedded in the National Electricity Law and from the Electricity Reform Act 2000 as they apply to licence holders and registered participants (see ss 6-8, and Schedule 1 modifications that align definitions to Territory licensing). Where the Act creates or preserves decision‑making powers (for example the Utilities Commission's power to vary licences and impose conditions at s 21(6)(b)), enforcement of licence conditions will be through the mechanisms provided under the Electricity Reform Act 2000 and the Utilities Commission's statutory powers.

The AER and the Tribunal retain their functions and powers under the applied national legislation, with s 10 confirming a Commonwealth body (the AER or the Tribunal) has power to do acts in the Territory when exercising functions conferred by national electricity legislation of another participating jurisdiction. That indicates enforcement actions that the AER is empowered to take under the National Electricity Law (for example infringement notices, compliance notices or civil penalty proceedings under particular provisions of the national framework) will be capable of being exercised in respect of Territory matters to the extent the underlying powers are conferred and not expressly excluded by the Schedule 1 modifications.

Section 12A validates AER instruments and decisions made after enactment but before particular NT provisions commenced, subject to meeting the authorising provision tests and any conditions having been satisfied (s 12A(1)(a)-(c)). The validation deems those instruments and decisions to be valid and to have effect from the operation day, "subject to the NT national electricity legislation" (s 12A(2)). This is an enforcement‑adjacent provision because it secures the legal basis for AER instruments and decisions, avoiding a gap where enforcement or regulatory instruments might otherwise be legally vulnerable due to timing of commencement.

Administrative charges and regulatory compliance burden will arise through licence conditions and regulatory processes. The Utilities Commission may impose conditions on licence variations that add obligations, and the AEMC/AER rule and compliance processes will, as applied, impose obligations on registered participants. The Act does not itself create a standalone penalty schedule; practitioners must consult the applied National Electricity Law and the Electricity Reform Act 2000 (as modified) for specific enforcement provisions, and note any provisions expressly declared to have no effect by Schedule 1.

Transitionary protections limit immediate enforcement impacts in narrow cases. For example, owners of existing DCAs are not required to hold a licence or exemption under the Electricity Reform Act 2000 in relation to an existing DCA until 1 August 2020 (s 19(1)), and the Act carves out protections for the terms of licences and exemptions in force immediately before the commencement day (s 19(3)). Similarly, pending connection applications under the repealed third party access Act continue under that Act until resolved (s 23), protecting parties from abrupt legal change mid‑process.

Finally, the Act provides some enforceable administrative duties. The Minister must notify the AEMC of modification instruments (s 9A), and the AEMC must update its published National Electricity Rules to reflect rule modifications and, in certain cases, supply drafts and reasons to the Territory Minister when differential Rules are proposed (Schedule 1 cl 9C, cl 14H-14K). Failure to comply with those procedural duties could create administrative or judicial review exposure, though the Act does not spell out penalties for omission.

Primary interaction is with the National Electricity (South Australia) Act 1996 (the SA Act), because the Territory applies the National Electricity Law contained in the SA Act's schedule "as in force from time to time" and then modifies it by Schedule 1 (s 6). Section 7 brings the Part 4 regulations of the SA Act into Territory law, subject to modifications prescribed under s 13. The combined effect is that the SA Act schedule becomes Territory law with bespoke adjustments.

The Act meshes with the Territory's Electricity Reform Act 2000 by treating licence holders under that Act as Registered participants for National Electricity Law purposes (Schedule 1 cl 3). Dedicated connection asset transitional arrangements are implemented by reference to the Electricity Reform Act 2000 (see definitions in Part 4 Division 4 and ss 19-21). The Act expressly preserves existing licences and exemptions under the Electricity Reform Act 2000 while carving in obligations to vary licences or obtain exemptions for DCAs created or continued after commencement (s 19(3), s 20). The Utilities Commission, the regulator under Territory law, receives new functions in administering a register and varying licences (ss 19, 21).

The Act repeals the Electricity Networks (Third Party Access) Act 2000 on 1 July 2019 (s 17). That repeal is not absolute for ongoing processes: s 23 preserves the operation of the repealed Act in relation to access applications properly made before the repeal date, until the application is finally dealt with. Existing connection agreements are preserved , the amendments to the Electricity Reform Act 2000 that commence on the commencement day are "not intended" to alter terms or contractual rights under existing connection agreements (s 24(1)), which reduces immediate contractual disruption.

Schedule 1 also references the National Energy Retail Law; several modifications are flagged to expire or to have no effect until the National Energy Retail Law is applied in the Territory (Schedule 1 Part 4, cl 26-31, and various "has no effect" insertions). This stages the interoperation of wholesale and retail frameworks. The Act therefore leaves room for the National Energy Retail Law to be introduced later without generating conflict.

Interpretation statutes of South Australia are explicitly excluded: section 8(2) provides the Acts Interpretation Act 1915 (SA) and other South Australian Acts do not apply to the applied National Electricity (NT) Law or National Electricity (NT) Regulations. Instead, the Act supplies locally appropriate definitions (s 8) such as Legislature of this jurisdiction and Supreme Court, so the applied Law operates against Northern Territory institutions.

The Act interacts with Commonwealth regulators and decision‑makers by empowering them to act in the Territory. Section 10 permits Commonwealth bodies such as the AER and the Tribunal to do acts in the Territory in the exercise of functions or powers conferred by national electricity legislation of another participating jurisdiction. That creates an interjurisdictional overlay where national regulators can directly perform functions in the Territory as part of the broader national framework.

Finally, Schedule 1 substantially tweaks the National Electricity Law's rule‑making processes to require the AEMC to consider local systems and to constrain differential Rules (see cl 14B inserting s 88AA). The Act also requires Ministerial notification for modification instruments and gives the AEMC obligations to provide drafts, determinations and reasons to the Territory Minister for differential Rules (Schedule 1 cl 14H-14K). These interactions materially alter the intergovernmental procedures that govern rule‑making and reflect a local overlay on the national procedural architecture.

The Endnotes record the Act’s legislative amendments and subordinate instruments that have altered commencement dates, inserted new sections and modified Schedule 1 over time. The Act received assent on 22 May 2015 (Endnotes, List of Legislation). Key amendments and instruments recorded in the Act text and endnotes are:

Electricity Legislation Amendment Act 2016 (Act No. 22, 2016), assent 9 June 2016. It amended sections including s 6, s 7, s 8 and s 12 (Endnotes list and s 4 list of amendments). The Act record shows some amendments by 2016 were concerned with commencement structures and transitional arrangements.
National Electricity (Northern Territory) (National Uniform Legislation) Amendment Act 2017 (Act No. 15, 2017), assent 27 June 2017, commenced 1 July 2017 (Endnotes). That instrument inserted and amended several provisions including the addition of s 9 and modifications in Schedule 1 (noted in the Act’s list of amendments; see s 3 amd No. 15, 2017, s 4). It also added s 9A and updated other clauses.
Subordinate legislation: National Electricity (Northern Territory) (National Uniform Legislation) (Act Amendment) Regulations 2017 (SL No. 18, 2017), notified 29 June 2017 and commenced 1 July 2017. These regulations further amended Schedule 1 (Endnotes: sch 1 amd SL No. 18, 2017, r 4).
National Electricity (Northern Territory) (National Uniform Legislation) Consequential Amendment Regulations 2019 (SL No. 16, 2019), notified 1 July 2019 and commenced 1 July 2019. These regulations inserted transitional provisions (for example ss 19 and ss 20-25 were reinserted or adjusted by SL No. 16, 2019) consistent with the repeal of the Third Party Access Acts on 1 July 2019 (s 17, Endnotes and Part 4 Divisions 3-4).
Statute Law Revision Act 2020 (Act No. 26, 2020), assent 19 November 2020, commenced 20 November 2020. That Act made formal or technical revisions and amended s 19 and parts of Schedule 1 as recorded (Endnotes list No. 26, 2020 s 3).

The Endnotes also catalogue various general amendments of a formal nature effected by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018). The Act’s list of amendments (Endnotes 4) itemises many section modifications enacted across the 2016-2020 legislative activity: for example, s 9 was substituted in No. 15, 2017; s 9A was inserted in No. 22, 2016 and amended in No. 15, 2017; s 12A and s 12B were inserted in No. 22, 2016 and amended in No. 15, 2017; s 13 was amended in both 2016 and 2017; Schedule 1 has been amended several times by the 2016, 2017 and 2019 instruments and by the 2020 Statute Law Revision Act (Endnotes and sch 1 amd listings).

The Act contains clauses with express expiry or staged commencement. For instance, some modifications in Schedule 1 expire on 1 July 2019 (Schedule 1 cl 2(1)), and other Schedule 1 modifications are to expire when the National Energy Retail Law is applied in the Territory (Schedule 1 cl 2(2)). The Act itself staged its commencement: Part 2 and Part 4 Division 2 commenced on 1 July 2016; Part 4 Divisions 3 and 4 on 1 July 2019; Part 5 on 1 July 2015; and the remainder upon assent (s 2).

Practitioners must track not only primary Acts but also the subordinate regulations made under s 13, since the Administrator’s regulation‑making power is explicit and regulations have been used to make consequential amendments and transitional rules (s 13(2)-(3); Endnotes list SL No. 16, 2019 and SL No. 18, 2017).

The Act text and endnotes supplied do not cite any cases or judicial decisions interpreting this Act. The schedule and Endnotes list legislative and subordinate instrument amendments only. The Act itself is an adoption and modification statute and contains multiple provisions expressly designed to remove legal uncertainty (for example s 12A validating AER instruments made in the gap period, and s 12B authorising preparatory steps), which reduces immediate scope for challenge based on transitional timing.

Because this document is the statute as reprinted and as in force at 20 November 2020, it does not record subsequent litigation or judicial interpretation. The Act does not name or rely on particular judicial decisions. Where enforcement, remedies and penalties are in issue, the relevant provisions are primarily within the National Electricity Law as applied and in the Electricity Reform Act 2000; any litigation about penalties, licence conditions or AEMC/AER determinations would therefore likely arise under those bodies of law rather than this adopting Act. For present purposes, the source contains no litigation history to summarise, and readers should conduct case law research across the National Electricity Law, AER determinations and Utilities Commission decisions for any reported disputes pertaining to the Act’s operation.

Local versus national: Many standard national provisions are modified to operate on "local electricity systems" rather than the interconnected national system. Those subtle definition changes (Schedule 1 cl 3 and numerous downstream mods) change who is a Registered participant, how the national electricity objective is to be read and when uniform national rules apply. Practitioners must not assume that a national Rule has identical effect in the Territory; Schedule 1 creates a statutory mechanism that allows differential Rules, with substantive and procedural hurdles (cl 14B inserting s 88AA).
Differential Rule constraints and process traps: The AEMC may only make a differential Rule if satisfied it better serves the national electricity objective than a uniform Rule (Schedule 1 cl 14B, s 88AA). The AEMC must give drafts, determinations and reasons to the Territory Minister for differential Rules (Schedule 1 cl 14H-14K inserting s 95A and amending ss 99 and 102). Missing those notification steps or miscalculating the AEMC’s required reasoning may delay or complicate the Rule‑making process.
Timing and validation evidence for AER actions: Section 12A validates AER instruments made after enactment but before the operation day only where the instrument would have been authorised had the authorising provision already commenced and the AER has done everything required. That requires documentary proof of the AER’s compliance with any preconditions. If the AER did not complete required preconditions, parties may challenge the extent of validation. Section 12B similarly requires the AER to have taken preparatory steps; if the AER cannot prove those steps, that could create procedural risk.
DCA deadline mechanics and classification risk: Existing DCA owners must either notify the Utilities Commission of defined information by 1 August 2020 or obtain licence variation/exemption (s 19(4)-(7)). Notification must be in a form determined by the Utilities Commission (s 19(6)). Failure to meet this administrative deadline or to provide the specified information could expose owners to subsequent licence requirements. Classification of DCAs as large or small is at the Utilities Commission’s direction and the Commission may impose conditions when varying licences (s 21(4)-(6)). Owners should expect regulatory discretion here.
Repeal but preserved processes: The Electricity Networks (Third Party Access) Act 2000 is repealed (s 17), but pre‑existing applications continue under the old Act until resolved (s 23). Parties should preserve records of pre‑commencement applications and confirm whether an application is "received before the commencement day" and thus preserved. Confusion about which regime applies to a particular application can be consequential.
"No effect" insertions and staged parts: Schedule 1 inserts many "has no effect" or "this section has no effect" clauses (for example clauses inserting 53AA, 55AA, 109AA, 123AA and others). Those carveouts mean parts of the National Electricity Law do not apply in the Territory; practitioners should not assume national precedent applies if the statutory provision was expressly suspended. Similarly, some modifications are temporary and expire on application of the National Energy Retail Law; watch for the retail law’s later adoption as it will flip the legal landscape.
Interpretive regime and exclusion of SA interpretation Acts: Section 8 excludes the South Australian Acts Interpretation Act 1915 and other SA Acts from applying to the National Electricity (NT) Law and Regulations. That matters in statutory interpretation disputes: interpreters cannot automatically rely on SA interpretive doctrines that might otherwise have applied.
Public register and confidentiality considerations: The Utilities Commission's register of existing DCAs must be made publicly available (s 19(11)). Owners should consider commercial confidentiality and public disclosure implications when deciding whether to rely on the notification route under s 19(5) or to instead seek licence variation/exemption which may afford a different regulatory posture.
Ministerial notification procedurality: The Minister must notify the AEMC "as soon as practicable" after a modification instrument is made (s 9A). There is no detailed timetable or sanctions for failure to notify; nevertheless, the AEMC’s information obligations (Schedule 1 cl 9C and cl 14H-14K) hinge on Ministerial notification.
Fragmentation risk: By allowing differential Rules and local modifications, the Act creates the potential for divergence between Territory and other jurisdictions’ regulatory regimes. That may create compliance complexity for registrants operating both in the Territory and elsewhere, particularly if a uniform national approach would otherwise have been simpler.

This section sets out practical steps and checklist items for the principal affected entities: existing DCA owners, licensed electricity entities, the Utilities Commission, the AEMC, the AER and the Territory Minister.

For existing dedicated connection asset (DCA) owners and operators:

Determine immediately whether each DCA is an "existing DCA" as defined (Part 4 Div 4 definitions and s 19(1)). If yes, by 1 August 2020 either:
- Notify the Utilities Commission of the information required under s 19(5): identity of owner/operator; classification as large or small; location and route; if covered by an existing licence or exemption, identifying information about that instrument; and any other information reasonably required by the Utilities Commission. Notifications must use the form determined by the Utilities Commission (s 19(6)); or
- Apply to vary an existing licence to add the DCA under the Electricity Reform Act 2000 as amended and in accordance with s 21, or obtain a licence or exemption under the Electricity Reform Act 2000 (s 19(4)-(7)).
If relying on notification: ensure the information is accurate and complete, and anticipate public disclosure via the register (s 19(8)-(11)). Consider whether any commercially sensitive information requires an alternative regulatory pathway such as licence variation where conditions may be negotiated.
If seeking licence variation under s 21, prepare the information required by s 21(2)-(3) including route/location and classification statement; be ready to respond promptly to Utilities Commission requests; and expect possible conditions to be imposed under s 21(6)(b).

For electricity entities with existing licences under the Electricity Reform Act 2000:

If you intend to own or operate a new dedicated connection asset on or after the commencement day, either apply for licence variation per s 20(1)(a) or apply for an exemption under s 87A of the Electricity Reform Act 2000 as amended (s 20(1)(b)). Treat s 20(1)(b) applications as new matters under the updated Electricity Reform Act (s 20(2)).
Map existing licence activities to the National Electricity (NT) Law definitions; under Schedule 1, a holder of a relevant licence will be deemed a Registered participant for that activity and system (Schedule 1 cl 6(7) inserting subsections (3aa) and (3ab)).

For the Utilities Commission:

Publish and maintain the register of existing DCAs as required (s 19(8)-(11)). Determine and publish the form for notification under s 19(6).
When varying licences under s 21, be prepared to classify DCAs as large or small; seek and document system controller advice where necessary (s 21(4)-(5)). Ensure licence variations record the DCA classification and any conditions imposed (s 21(6)(a)-(b)).
Make the register publicly available and determine what additional information (if any) will be included (s 19(10)-(11)).

For the Minister and officials:

Where a modification instrument is made (including regulations under s 13(2)(c)), notify the AEMC as soon as practicable (s 9A(1)). Consider delegating this function as permitted (s 9A(2)).
Maintain records of notification to the AEMC and of any documents provided in relation to differential Rules because the AEMC will be required to provide drafts, determinations and reasons to the Minister where differential Rules are at issue (Schedule 1 cl 14H-14K).

For the AEMC:

Treat references to the national electricity objective as potentially referring to local electricity systems where appropriate (Schedule 1 cl 4A, cl 9A, cl 9C, cl 14A). When proposing a differential Rule, prepare to demonstrate in reasons whether and why the differential Rule will better achieve the national electricity objective than a uniform Rule (Schedule 1 cl 14B s 88AA; amendments to ss 99 and 102).
When a request for a differential Rule is under consideration, give the Territory Minister required notices, drafts and documents under Schedule 1 cl 14H-14K (inserted s 95A; amendments to ss 99 and 102). Keep timelines for publication and ministerial briefings in sync.

For the AER:

Document preparatory steps and the fulfilment of any preconditions to instruments and decisions, especially when those steps are taken during periods where authorising NT provisions are not yet in force. Sections 12A and 12B validate instruments and preparatory steps only if the AER did everything that would have been required had the authorising provision been in force (s 12A(1)(c); s 12B).
Keep contemporaneous records demonstrating compliance with authorising provision requirements to support any validation of instruments under s 12A.

General compliance pointers:

Map all activities and assets to the defined Scheme: determine which local electricity system(s) (Schedule 2) an activity relates to; determine Registered participant status as it is defined for the Territory (Schedule 1 cl 3).
Audit contracts and connection agreements concluded before commencement: s 24 preserves the terms and obligations of existing connection agreements; ensure continuity and compliance with those terms while assessing whether licence variation, registration, or new contractual arrangements are required under the amended regimes.
Track subordinate regulations and modification instruments made under s 13. The Administrator’s power to modify Schedule 1 and prescribe modifications to Regulations and Rules means further changes can be made by regulation; subscribe to the Northern Territory Gazette and AEMC/AER notices for up‑to‑date modification instruments.
Consider public disclosure and confidentiality: notifications to the Utilities Commission for DCAs will result in public register entries. Evaluate whether alternative regulatory filings (licence variation/exemption) better address commercial confidentiality.
For interstate operators: where your operations span jurisdictions, document differences in rule application and compliance obligations due to the Territory’s differential Rule approach. You may need separate compliance workstreams for the Territory and for other participating jurisdictions.

Following the statute’s specific timelines and documentation requirements, and maintaining careful administrative records of submissions, notifications and preconditions, are the principal practical steps to reduce regulatory and legal risk under this Act.

National Electricity (Northern Territory) (National Uniform Legislation) Act 2015

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Current sections

National Electricity (Northern Territory) (National Uniform Legislation) Act 2015

Source text: opening excerpt

1 National Electricity (Northern Territory) (National Uniform Legislation) Act 2015

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Who it affects

Key duties and rights

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How it interacts with other laws

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