sec.16Manner in which AER performs AER economic regulatory functions or powers

sec.16 Manner in which AER performs AER economic regulatory functions or powers

The AER must, in performing or exercising an AER economic regulatory function or power— perform or exercise that function or power in a manner that will or is likely to contribute to the achievement of the national electricity objective; and if the function or power performed or exercised by the AER relates to the making of a distribution determination or transmission determination, ensure that— the regulated network service provider to whom the determination will apply; and any affected Registered participant; and if AEMO is affected by the determination—AEMO; and network service users or prospective network service users of the relevant services that the AER considers have an interest in the determination; and any user or consumer associations or user or consumer interest groups that the AER considers have an interest in the determination, are, in accordance with the Rules— informed of material issues under consideration by the AER; and given a reasonable opportunity to make submissions in respect of the determination before it is made; and in relation to making a relevant regulatory decision, specify— the manner in which the constituent components of the decision relate to each other; and the manner in which that interrelationship has been taken into account in the making of the relevant regulatory decision; and (Repealed) In addition, the AER— must take into account the revenue and pricing principles— when exercising a discretion in making those parts of a distribution determination or transmission determination relating to direct control network services; or when making an access determination relating to a rate or charge for an electricity network service; and may take into account the revenue and pricing principles when performing or exercising any other AER economic regulatory function or power, if the AER considers it appropriate to do so. For the purposes of subsection (2) (a) (ii) , a reference to a “direct control network service” in the revenue and pricing principles must be read as a reference to an “electricity network service”. In this section— affected Registered participant means a Registered participant (other than the regulated network service provider to whom the distribution determination or transmission determination will apply) whose interests are affected by the distribution determination or transmission determination. user or consumer association means an association or body (whether incorporated or unincorporated)— the members of which include more than 1 user, prospective user or end user; and that represents and promotes the interests of those members in relation to the provision of electricity services; user or consumer interest group means an association or body (whether incorporated or unincorporated)— that has, as an object or purpose, the object or purpose of representing and promoting the interests of users, prospective users or end users of electricity services; but the members of which need not include a user, prospective user or end user. s 16 sub 2007 No. 53 (SA) s 14 amd 2009 No. 31 (SA) s 12 ; 2011 No. 7 (SA) s 15 ; 2013 No. 79 (SA) s 5 ; 2021 No. 3 (SA) s 8 ; 2022 No. 21 (SA) s 5 (sec.16-ssec.1) The AER must, in performing or exercising an AER economic regulatory function or power— perform or exercise that function or power in a manner that will or is likely to contribute to the achievement of the national electricity objective; and if the function or power performed or exercised by the AER relates to the making of a distribution determination or transmission determination, ensure that— the regulated network service provider to whom the determination will apply; and any affected Registered participant; and if AEMO is affected by the determination—AEMO; and network service users or prospective network service users of the relevant services that the AER considers have an interest in the determination; and any user or consumer associations or user or consumer interest groups that the AER considers have an interest in the determination, are, in accordance with the Rules— informed of material issues under consideration by the AER; and given a reasonable opportunity to make submissions in respect of the determination before it is made; and in relation to making a relevant regulatory decision, specify— the manner in which the constituent components of the decision relate to each other; and the manner in which that interrelationship has been taken into account in the making of the relevant regulatory decision; and (Repealed) (sec.16-ssec.2) In addition, the AER— must take into account the revenue and pricing principles— when exercising a discretion in making those parts of a distribution determination or transmission determination relating to direct control network services; or when making an access determination relating to a rate or charge for an electricity network service; and may take into account the revenue and pricing principles when performing or exercising any other AER economic regulatory function or power, if the AER considers it appropriate to do so. (sec.16-ssec.3) For the purposes of subsection (2) (a) (ii) , a reference to a “direct control network service” in the revenue and pricing principles must be read as a reference to an “electricity network service”. (sec.16-ssec.4) In this section— affected Registered participant means a Registered participant (other than the regulated network service provider to whom the distribution determination or transmission determination will apply) whose interests are affected by the distribution determination or transmission determination. user or consumer association means an association or body (whether incorporated or unincorporated)— the members of which include more than 1 user, prospective user or end user; and that represents and promotes the interests of those members in relation to the provision of electricity services; user or consumer interest group means an association or body (whether incorporated or unincorporated)— that has, as an object or purpose, the object or purpose of representing and promoting the interests of users, prospective users or end users of electricity services; but the members of which need not include a user, prospective user or end user.