90BASouth Australian Minister may make consequential Rules relating to rate of return instrument

90BA South Australian Minister may make consequential Rules relating to rate of return instrument

90BA South Australian Minister may make consequential Rules relating to rate of return instrument

(1) The South Australian Minister may make Rules that revoke or amend a Rule if the revocation or amendment is consequential on the enactment of the Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018.

(2) Without limiting subsection (1), the South Australian Minister may make a rule providing that the rate of return on capital under a rate of return instrument in force at the start of a regulatory period applies throughout the period.

(3) Section 34(3) applies to Rules made under this section in the same way it applies to Rules made by the AEMC.

(4) As soon as practicable after making Rules under this section, the South Australian Minister must—

(a) publish notice of the making of the Rules in the South Australian Government Gazette; and

(b) make the Rules publicly available.

(5) The notice referred to in subsection (4)(a) must state—

(a) the date on which the Rules commence operation; and

(b) if different Rules will commence operation on different dates, those dates.

(6) Rules may only be made under this section on the recommendation of the MCE.

(7) Once the first Rules have been made under subsection (1), no further Rules can be made under that subsection.

(8) In this section—

regulatory period means the period specified in a network revenue or pricing determination to be the regulatory period.

South Australian Minister means the Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia.

s 90BA: Ins 2018 No 33, sec 9.