sec.34Rule making powers

sec.34 Rule making powers

Subject to this Division, the AEMC, in accordance with this Law and the Regulations, may make Rules, to be known, collectively, as the “National Electricity Rules”, for or with respect to— regulating— the operation of the national electricity market; the operation of the national electricity system for the purposes of the safety, security and reliability of that system; the activities of persons (including Registered participants) participating in the national electricity market or involved in the operation of the national electricity system; the provision of connection services to retail customers; and facilitating and supporting the provision of services to retail customers; and any matter or thing related to, or necessary or expedient for, the purposes of the Retailer Reliability Obligation; and any matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver; and any matter or thing related to, or necessary or expedient for, the purposes of orderly exit management under Part 8AA ; and any matter or thing contemplated by this Law, or is necessary or expedient for the purposes of this Law. The procedure for the making of a Rule by the AEMC is set out in Division 3 of Part 7 . Without limiting subsection (1) , the AEMC, in accordance with this Law and the Regulations, may make Rules for or with respect to any matter or thing specified in Schedule 1 to this Law. Rules made by the AEMC in accordance with this Law and the Regulations may— be of general or limited application; vary according to the persons, times, places or circumstances to which they are expressed to apply; confer functions or powers on, or leave any matter or thing to be decided or determined by— the AER, the AEMC, AEMO or a jurisdictional regulator; or the Reliability Panel or any other panel or committee established by the AEMC; or any other body established, or person appointed, in accordance with the Rules; confer rights or impose obligations on any person or a class of person (other than the AER, the AEMC or a jurisdictional regulator); confer a function on the AER, the AEMC, AEMO or a jurisdictional regulator to make, prepare, develop or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC, AEMO or jurisdictional regulator; empower or require any person (other than a person referred to in paragraph (e) ) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules; provide for procedures governing the operation of the national electricity market and the sale and supply of electricity to retail customers; apply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether— as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or as amended from time to time; confer a power of direction on the AER, the AEMC, AEMO or a jurisdictional regulator to require a person conferred a right or on whom an obligation is imposed under the Rules (including a Registered participant) to comply with— a guideline, test, standard, procedure or other document (however described) referred to in paragraph (e) , (f) or (fa) ; or a standard, rule, specification, method or document (however described) referred to in paragraph (g) ; if this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter of thing; provide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on the Court; require a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration; in a specified case or class of case, exempt— AEMO; or a Registered participant or class of Registered participant; or any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body, from complying with a provision, or a part of a provision, of the Rules; provide for the modification or variation of a provision of the Rules (with or without substitution of a provision of the Rules or a part of a provision of the Rules) as it applies to— AEMO; or a Registered participant or class of Registered participant; or any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body; confer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules; require a person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules to indemnify another such person or body; contain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule. s 34 amd 2007 No. 53 (SA) s 28 ; 2009 No. 31 (SA) s 16 ; 2011 No. 7 (SA) s 22 ; 2019 No. 10 (SA) s 10 ; 2022 No. 22 (SA) s 8 ; 2024 No. 62 (SA) s 4 (sec.34-ssec.1) Subject to this Division, the AEMC, in accordance with this Law and the Regulations, may make Rules, to be known, collectively, as the “National Electricity Rules”, for or with respect to— regulating— the operation of the national electricity market; the operation of the national electricity system for the purposes of the safety, security and reliability of that system; the activities of persons (including Registered participants) participating in the national electricity market or involved in the operation of the national electricity system; the provision of connection services to retail customers; and facilitating and supporting the provision of services to retail customers; and any matter or thing related to, or necessary or expedient for, the purposes of the Retailer Reliability Obligation; and any matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver; and any matter or thing related to, or necessary or expedient for, the purposes of orderly exit management under Part 8AA ; and any matter or thing contemplated by this Law, or is necessary or expedient for the purposes of this Law. The procedure for the making of a Rule by the AEMC is set out in Division 3 of Part 7 . (sec.34-ssec.2) Without limiting subsection (1) , the AEMC, in accordance with this Law and the Regulations, may make Rules for or with respect to any matter or thing specified in Schedule 1 to this Law. (sec.34-ssec.3) Rules made by the AEMC in accordance with this Law and the Regulations may— be of general or limited application; vary according to the persons, times, places or circumstances to which they are expressed to apply; confer functions or powers on, or leave any matter or thing to be decided or determined by— the AER, the AEMC, AEMO or a jurisdictional regulator; or the Reliability Panel or any other panel or committee established by the AEMC; or any other body established, or person appointed, in accordance with the Rules; confer rights or impose obligations on any person or a class of person (other than the AER, the AEMC or a jurisdictional regulator); confer a function on the AER, the AEMC, AEMO or a jurisdictional regulator to make, prepare, develop or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC, AEMO or jurisdictional regulator; empower or require any person (other than a person referred to in paragraph (e) ) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules; provide for procedures governing the operation of the national electricity market and the sale and supply of electricity to retail customers; apply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether— as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or as amended from time to time; confer a power of direction on the AER, the AEMC, AEMO or a jurisdictional regulator to require a person conferred a right or on whom an obligation is imposed under the Rules (including a Registered participant) to comply with— a guideline, test, standard, procedure or other document (however described) referred to in paragraph (e) , (f) or (fa) ; or a standard, rule, specification, method or document (however described) referred to in paragraph (g) ; if this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter of thing; provide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on the Court; require a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration; in a specified case or class of case, exempt— AEMO; or a Registered participant or class of Registered participant; or any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body, from complying with a provision, or a part of a provision, of the Rules; provide for the modification or variation of a provision of the Rules (with or without substitution of a provision of the Rules or a part of a provision of the Rules) as it applies to— AEMO; or a Registered participant or class of Registered participant; or any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body; confer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules; require a person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules to indemnify another such person or body; contain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule.