4AEMO has additional functions and powers under the National Energy Retail Law and the National Energy Retail Rules.

4 AEMO has additional functions and powers under the National Energy Retail Law and the National Energy Retail Rules. (2) In its role as National Transmission Planner, AEMO has the following functions: (a) to prepare, maintain and publish a plan for the development of the national transmission grid (the National Transmission Network Development Plan) in accordance with the Rules; (b) to establish and maintain a database of information relevant to planning the development of the national transmission grid and to make the database available to the public; (c) to keep the national transmission grid under review and provide advice on the development of the grid or projects that could affect the grid; (d) to provide a national strategic perspective for transmission planning and coordination; (e) any other functions conferred on AEMO under this Law or the Rules in its capacity as National Transmission Planner. (3) AEMO must, in carrying out functions referred to in this section, have regard to the national electricity objective. 49A—AEMO's power to carry out statutory functions AEMO has the power to do all things necessary or convenient for or in connection with its statutory functions. 49B—Delegation (1) Subject to subsection (2) and the Rules, AEMO may delegate any of its functions or powers under this Law or the Rules to— (a) a director, officer or employee of AEMO; or (b) a member of a committee established by AEMO. (2) However, a function or power classified by the Regulations as non‑delegable cannot be delegated. (3) A delegate may, subject to AEMO's directions, subdelegate a delegated function or power to a director, officer or employee of AEMO. (4) A delegate (or subdelegate) must comply with any direction given by AEMO that is relevant to the exercise of the delegated functions or powers. Division 2—AEMO's adoptive jurisdiction functions 50—Application of this Division (1) Subdivision 2 applies to, and in relation to, a participating jurisdiction if (and only if) the application Act of that jurisdiction, or an instrument made under that Act, declares that it does so apply. (2) Subdivision 3 applies to, and in relation to, a participating jurisdiction if (and only if) the application Act of that jurisdiction, or an instrument made under that Act, declares that it does so apply. (3) A Rule or other form of subordinate legislation made for the purposes of Subdivision 2 or 3 applies to and in relation to a participating jurisdiction if (and only if) the relevant Subdivision applies to and in relation to that jurisdiction. 50A—AEMO to account to relevant Minister for performance of adoptive functions (1) AEMO must, at the written request of the Minister of an adoptive jurisdiction, provide information about the performance of its adoptive functions with respect to that jurisdiction. (2) Protected information provided in response to a request under subsection (1) must be identified as such by AEMO at the time of providing the information. (3) No fee is to be charged for the provision of information under this section. Subdivision 2—AEMO's additional advisory functions 50B—Additional advisory functions (1) AEMO's additional advisory functions are as follows: (a) to prepare and publish a report on an adoptive jurisdiction's declared power system; (b) to report to the Minister of an adoptive jurisdiction on matters relevant to the future capacity and reliability of the declared power system. (2) The additional advisory functions are to be exercised as follows: (a) a report on an adoptive jurisdiction's declared power system is to be prepared and published under subsection (1)(a) at the request of the Minister of the relevant jurisdiction; (b) a report is to be provided under subsection (1)(b) at the request of the Minister of the relevant jurisdiction or on AEMO's own initiative. (3) A report under subsection (1)(a) must include an assessment of the performance of connections between transmission systems and distribution systems in the relevant jurisdiction and the need (if any) for new connections. (4) A request under subsection (1)(a) or (1)(b) may be for a single report or for reports to be made on an annual or other periodic basis. Subdivision 3—AEMO's declared network functions 50C—AEMO's declared network functions (1) AEMO's declared network functions are as follows: (a) to plan, authorise, contract for, and direct, augmentation of the declared shared network; (b) to provide information about the planning processes for augmentation of the declared shared network; (c) to provide information and other services to facilitate decisions for investment and the use of resources in the adoptive jurisdiction's electricity industry; (d) to provide shared transmission services by means of, or in connection with, the declared shared network; (e) any other functions, related to the declared transmission system or electricity network services provided by means of or in connection with the declared transmission system, conferred on it under this Law or the Rules; (f) any other functions, related to the declared transmission system or electricity network services provided by means of or in connection with the declared transmission system, conferred on it under a law of the adoptive jurisdiction. (2) AEMO— (a) is not limited in planning augmentation of the declared shared network to its role as National Transmission Planner; and (b) may make or issue market information instruments as may be necessary or expedient for that or any other declared network function. 50D—Network agreement (1) A declared transmission system operator must have an agreement (a network agreement) with AEMO— (a) for the provision of electricity network services (shared network capability services) for the performance of AEMO's declared network functions; and (b) containing such other provisions as may be required by the Rules. Subsection (1) is a civil penalty provision. (2) A declared transmission system operator or a prospective declared transmission system operator must, if asked to do so by AEMO, offer to enter into a network agreement with AEMO subject to and in accordance with the Rules. (3) The offer must be submitted within 20 business days after the date of the request. (4) The terms and conditions of a network agreement under this section are to be regarded as protected information but are liable to disclosure under the provisions of Division 6 that allow for the disclosure of protected information. Exception— Insofar as the terms and conditions of a network agreement can be inferred from a determination to be published on AEMO's website under section 50H(6), they are not to be regarded as protected information. (5) The Rules may require or regulate the provision of shared network capability services. (6) If there is any inconsistency between a network agreement and a transmission determination as to the price of electricity network services to be provided by means of, or in connection with, the declared transmission system, the transmission determination prevails. prospective declared transmission system operator means a person who is to carry out an augmentation of the declared transmission system and who may therefore become a declared transmission system operator on completion of the augmentation. 50E—Connection agreements (1) A person to whom this section applies must have connection agreements as follows: (a) an agreement with AEMO for the provision of shared transmission services; and (b) an agreement with the relevant declared transmission system operator for the provision of connection services as defined in the Rules. (2) An agreement required by this section must be in accordance with the Rules. (a) a person to whom this section applies (the applicant) wants to connect to a declared shared network; but (b) the fault levels at the proposed connection point would, if the connection were allowed, be likely to exceed the limits fixed under the Rules, AEMO may, as a condition of entering into a connection agreement with the applicant, require the applicant to make a contribution to the cost of carrying out the augmentation to the declared shared network necessary to reduce fault levels to an acceptable level. (4) This section applies to each of the following: (a) a network service provider for a distribution system situated in the adoptive jurisdiction; (b) another network service user who is provided with electricity network services by means of, or in connection with, the declared shared network. 50F—Augmentation (1) A declared transmission system operator must not augment the declared shared network, or any part of the declared shared network, unless— (a) AEMO authorises or directs the operator to carry out the augmentation; or (b) the operator wins a competitive tender conducted by AEMO to carry out the augmentation; or (c) the augmentation is authorised by the Rules. (2) In deciding whether a proposed augmentation to the declared shared network should proceed, AEMO— (a) must undertake a cost benefit analysis; and (b) must apply a probabilistic (as distinct from a deterministic) approach to determining the benefit of an augmentation unless— (i) a probabilistic approach will not produce a materially different result; or (ii) it is not reasonably practicable to use a probabilistic approach; or (iii) a probabilistic approach is, for some other reason, inappropriate. Probabilistic planning is not relevant to negotiated network services. Hence, if the services to be provided as a result of the augmentation are negotiated network services, a probabilistic approach would be inappropriate. (3) Subject to the Rules, AEMO must conduct a competitive tender to determine who will carry out an augmentation to a declared shared network. (4) A declared transmission system operator— (a) must do anything required by the Rules to facilitate the planning, construction or operation of an augmentation; and (b) must, at AEMO's request, do anything else reasonably required by AEMO to facilitate the planning, construction or operation of an augmentation. A declared transmission system operator will be required by the Rules to enter into an augmentation connection agreement with the person responsible for operation of an augmentation to connect the augmentation with the declared shared network. (5) A declared transmission system operator must not engage in conduct that has the effect of preventing or hindering the planning, construction or operation of an augmentation. Subsections (1), (4) and (5) are civil penalty provisions: See the definition of civil penalty provision in section 2AA(1). 50G—AEMO to have qualified exemption for performing statutory functions (1) For performing statutory functions, AEMO— (a) is not required to be registered as a Registered participant; and (b) is not subject to the provisions of the Rules applicable to network service providers. (2) However— (a) a Rule applicable to a Registered participant or a network service provider extends (with or without modification) to AEMO if provision is made for its application (or modified application) to AEMO by the Rules; and (b) provision may be made for extending the application of such a Rule to AEMO even though AEMO does not own, control or operate the declared shared network. 50H—Resolution of dispute arising from attempt to negotiate a network agreement or augmentation connection agreement (1) The AER may, on application by AEMO or 1 or more declared transmission system operators, make a determination to resolve a dispute arising from an attempt to negotiate— (a) a network agreement or an augmentation connection agreement; or (b) an amendment to a network agreement or an augmentation connection agreement. (2) The determination may determine the terms and conditions of the agreement or the amendment. (3) If the AER determines the terms and conditions of an agreement or an amendment, an agreement is taken to arise between the interested parties, or the agreement between the interested parties is taken to be amended, in accordance with the AER's determination. (4) A determination may only be made under this section if— (a) the AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the agreement or amendment; and (b) the AER has given AEMO and all declared transmission system operators that are to be affected by the determination an opportunity to make representations about the terms of the proposed determination. (5) A determination under this section takes effect on a date specified in the determination. (6) A determination under this section must be published on AEMO's website. (7) In this section, a reference to a declared transmission system operator extends to a prospective declared transmission system operator within the meaning of section 50D(7). 50J—General principles governing determinations (1) A determination under this Subdivision must be compatible with the proper performance of AEMO's declared network functions. (2) In determining a dispute about a network agreement or an augmentation connection agreement, or an amendment to a network agreement or an augmentation connection agreement, the AER must have regard to the Rules and the allocation of functions, powers and duties between AEMO and the declared transmission system operator, so far as relevant to— (a) the allocation of risk under such an agreement; or (b) the provision of shared network capability services; or (c) any other matter that has a bearing on the subject matter of such an agreement. (3) A determination cannot alter the allocation of risk under an existing network agreement unless AEMO agrees. (4) The provisions applicable to the determination of an access dispute apply to a determination by the AER under this Subdivision with the following changes: (a) section 131(1)(c), section 131(2), section 132 and section 133 do not apply; and (b) any further changes necessary to adapt those provisions to the determination of a dispute under this Division. (5) In this section, a reference to a declared transmission system operator extends to a prospective declared transmission system operator within the meaning of section 50D(7). Division 3—Information etc to be provided to Ministers 51—Ministerial request (1) The MCE or a Minister of a participating jurisdiction may ask AEMO for information, a report or other services. (2) The request may be accompanied by a written statement of the purpose for which the information, report or other services are sought. 51A—Compliance with request (1) AEMO must comply with a request under this Division. (2) However, if compliance with the request would involve disclosure of protected information, AEMO may only provide the information if its disclosure is authorised under this Law or the Rules. The Minister of an adoptive jurisdiction may be entitled to certain protected information under section 50A. 51B—Quarterly report (1) AEMO must report to the MCE in each quarter on its work under this Division for the previous quarter. (2) The report must— (a) summarise each request received in the relevant quarter; and (b) state by whom each request was made. Division 4—Fees and charges 52—AEMO fees and charges (1) AEMO may— (a) determine fees and charges for services provided by it under this Law or the Rules; and (b) charge for and recover the fees and charges in accordance with this Law and the Rules. (2) The fees and charges for a service are to be determined on a non‑profit basis that— (a) provides for full recovery of the costs of providing the service; and (b) does not amount to taxation; and (c) is consistent with the requirements of the Rules. (3) Exact equivalence is not required between the costs of providing a service and the revenue derived from providing the service in a particular accounting period if there are reasonable grounds to believe that costs will over time approximate revenue. This section does not prevent AEMO from generating a profit from the performance of non-statutory functions (such as the provision of consultancy services). Any such profit would not, however, be available for distribution to members. (4) Despite the above provisions, a component of AEMO's fees and charges may, if the Rules so provide, relate to costs that are not specifically referable to services provided under this Law or the Rules. As a general rule, AEMO's expenditures will be allocated to services provided to the electricity industry or the gas industry. Subsection (4) deals with costs that cannot be wholly attributed to either industry. (5) This section does not limit AEMO's power to determine, charge for and recover fees and charges for carrying out functions conferred by jurisdictional legislation. service includes the performance of statutory functions. Division 5—Information gathering 53—Information gathering powers (1) If AEMO considers it reasonably necessary to do so for the exercise of a relevant function, it may— (a) make a general market information order requiring information from persons of a class specified in the order; or (b) serve a market information notice requiring information from the person to whom the notice is addressed. (2) A relevant function is— (a) an NTP function; or (b) an additional advisory function; or (c) a declared network function; or (d) any other statutory function for which this Law authorises AEMO to gather information by means of a market information instrument. (3) In considering whether to make a general market information order or to issue a market information notice and, if so, the terms of the order or notice, AEMO must have regard to the reasonable costs of efficient compliance. (4) A market information instrument— (a) must specify— (i) the information, or categories of information, that is to be provided to AEMO; and (ii) the time by which the information is required; and (iii) in the case of a general market information order—the class of persons to which the order applies; and (iv) in the case of a market information notice—the name of the person to whom the notice is addressed; and (b) may specify the manner and form in which information must be provided. (5) Without limiting subsection (4), a market information instrument— (a) may require information of any of the following kinds: (i) historic, current and forecast information; (ii) information that may be derived from other information in the possession or control of the person required to provide the information; and (b) may require the provision of information on an annual or other periodic basis. 53A—Making and publication of general market information order (1) Before making a final decision to make a general market information order, AEMO must— (a) invite persons of the class to which the proposed order is addressed to make representations about the terms of the proposed order within a period (at least 20 business days) specified in the invitation; and (b) consider any written representations made in response to the invitation within the specified period. (2) A general market information order must be published on AEMO's website as soon as practicable after it is made. 53B—Service of market information notice (1) Before serving a market information notice, AEMO must— (a) give the person on whom AEMO intends to serve the market information notice (the respondent) written notice of its intention to do so; and (b) give the respondent a draft of the market information notice. (2) A notice under subsection (1) must— (a) invite the respondent to make written representations to AEMO about whether AEMO should serve the market information notice; and (b) specify the period (at least 20 business days) allowed for making the representations. (3) AEMO must consider written representations made in response to the invitation within the specified period before making a final decision to serve the market information notice. 53C—Compliance with market information instrument (1) A market information instrument takes effect as follows: (a) in the case of a general market information order—on publication on AEMO's website; or (b) in the case of a market information notice—on service of the notice on the person to whom it is addressed. (2) AEMO may, by written notice, exempt a person from compliance with a general market information order— (a) unconditionally or on specified conditions; and (b) wholly or to a specified extent. (3) Subject to any exemption, a person who is a member of a class to which a general market information order applies must comply with the order. Subsection (3) is a civil penalty provision. (4) A person on whom a market information notice is served must comply with the notice. Subsection (4) is a civil penalty provision. (5) The duty to comply with a market information instrument prevails over a duty of confidence. (6) However— (a) a person cannot be required by a market information instrument to disclose information that is the subject of legal professional privilege; and (b) a natural person cannot be required by a market information instrument to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction). (7) A person incurs no liability, by complying with a market information instrument, for breach of contract, breach of confidence or any other civil wrong. 53D—Use of information Subject to anything to the contrary in this Law, AEMO may use information obtained by a market information instrument or in any other way for any purpose connected with the performance of any of its statutory functions. 53E—Providing false or misleading information A person must not, in purported compliance with a market information instrument, provide information to AEMO that the person knows is false or misleading in a material particular. See Schedule 2 clause 37B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website. Division 6—Protected information Subdivision 1—AEMO's obligation to protect information 54—Protected information (1) AEMO must take all reasonable measures to ensure it does not make unauthorised use, or an unauthorised disclosure, of information (protected information)— (a) given to it in confidence; or (b) given to it in connection with the performance of its statutory functions and classified under the Rules or the Regulations as confidential information. (2) AEMO makes unauthorised use of protected information if (and only if) it uses the information contrary to this Law. Section 53D authorises AEMO (subject to anything to the contrary in this Law) to use information (whether obtained by a market information instrument or in any other way) for any purpose connected with the performance of any of its statutory functions. (3) AEMO makes an unauthorised disclosure of protected information if the disclosure is not authorised under this Law. (4) To avoid doubt, nothing in the Rules or the Regulations prevents AEMO using or disclosing information for any purpose connected with the performance of any of its statutory functions. Subdivision 2—Disclosure of protected information held by AEMO 54A—Authorised disclosure of protected information (1) AEMO is authorised to disclose protected information in accordance with this Subdivision. (2) AEMO may also be authorised to disclose protected information by the Rules or the Regulations (or both). 54B—Disclosure with prior written consent AEMO is authorised to disclose protected information if it has the written consent of the person from whom the information was obtained. 54C—Disclosure required or permitted by law etc (1) The disclosure of protected information as required or permitted by a law of the Commonwealth, a State or Territory is authorised. (2) The disclosure of protected information to any of the following is authorised: (a) the Australian Competition and Consumer Commission; (b) the Australian Energy Regulator; (c) the Australian Energy Market Commission; (ca) the Energy Security Board; (d) the Economic Regulation Authority of Western Australia; (e) a jurisdictional regulator; (ea) the Australian Bureau of Statistics; (eb) the Clean Energy Regulator; (ec) each department responsible for the administration of the application Act of a participating jurisdiction; (ed) the Minister of a participating jurisdiction; (f) if the information is reasonably required by an energy ombudsman to resolve a dispute between a Registered participant and a retail customer but the information is not end-use consumer information—the energy ombudsman; (g) a prescribed body; (ga) a person or body who— (i) satisfies any requirements or criteria prescribed for the purposes of this paragraph; or (ii) is a member of a class of persons or bodies prescribed for the purposes of this paragraph; (h) any staff or consultant assisting a body mentioned above in performing its functions or exercising its powers. (3) Subject to any conditions imposed under subsection (4), a person or body to whom protected information is disclosed under subsection (2) may use the information for any purpose connected with the performance of the functions, or the exercise of the powers, of the person or body. (4) AEMO may impose conditions to be complied with in relation to protected information disclosed under subsection (2). (5) Subject to any conditions imposed under subsection (4), the disclosure of protected information by a person in the ordinary course of carrying out functions as an officer or employee of, or consultant to, a body mentioned in subsection (2) is authorised. 54CA—Authorised disclosure to particular entities for data sharing purposes (1) AEMO may disclose protected information to the following entities (each a relevant entity) if the disclosure is for a data sharing purpose: (a) any of the following: (i) an Australian university; (ii) a research facility that is part of an Australian university and conducting research in relation to energy; (iii) an Australian university researcher who is conducting research in relation to energy; (b) Energy Consumers Australia; (c) the Australian Renewable Energy Agency; (d) the Clean Energy Finance Corporation; (e) a prescribed body; (f) a person or body who— (i) satisfies any requirements or criteria prescribed for the purposes of this paragraph; or (ii) is a member of a class of persons or bodies prescribed for the purposes of this paragraph; (g) any staff assisting a person or body mentioned above in performing its functions or exercising its powers. (2) For the purposes of this section, each of the following is a data sharing purpose: (a) the delivery of government services; (b) informing government planning, policy or programs; (c) research in relation to energy. (3) However, AEMO must not disclose protected information under this section for any of the following purposes: (a) detecting, investigating, prosecuting or punishing— (i) an offence; or (ii) a contravention of a law punishable by a pecuniary penalty; (b) detecting, investigating or addressing acts or practices detrimental to public revenue; (c) detecting, investigating or addressing serious misconduct; (d) conducting surveillance or monitoring, or intelligence-gathering activities; (e) conducting protective or custodial activities; (f) enforcing a law relating to the confiscation of proceeds of crime; (g) preparing for, or conducting, proceedings before a court or tribunal or implementing a court or tribunal order. (4) AEMO may impose conditions to be complied with in relation to protected information disclosed under subsection (1). (5) Subject to the requirements of subsections (7), (8) and (10) and any conditions imposed under subsection (4), a relevant entity to which protected information is disclosed under subsection (1) may use the information for the data sharing purpose for which it was disclosed. (6) Subject to the requirements of subsections (7), (8) and (10) and any conditions imposed under subsection (4), a person to whom protected information is disclosed under subsection (1) may use the information in the ordinary course of carrying out functions as an officer or employee of a relevant entity. (7) A relevant entity to which protected information is disclosed for a data sharing purpose under subsection (1) must not use or disclose the information for another purpose (a secondary purpose) unless— (a) AEMO has given written consent for the use or disclosure of the information for the secondary purpose; or (b) the entity is authorised by or under another Act or law to use or disclose the information for the secondary purpose. (8) A relevant entity to which protected information is disclosed under subsection (1)— (a) must take reasonable steps to protect the information from— (i) misuse, interference or loss; and (ii) unauthorised use, access, modification or disclosure; and (b) must ensure that the information is de-identified or destroyed when the information is no longer required. (9) Subsection (10) applies if a relevant entity to which protected information is disclosed under subsection (1) reasonably suspects or becomes aware that a requirement under subsection (7) or (8) has not been complied with. (10) The entity must make a report to the AER about the non-compliance— (a) as soon as practicable, but not later than 5 business days, after the entity reasonably suspects or becomes aware that the requirement has not been complied with; and (b) in the form (if any) approved and published by the AER. (11) In this section— Australian university means a registered higher education provider— (a) that, for the purposes of the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth, is registered in the "Australian University" provider category; and (b) that is established by or under a law of the Commonwealth or a State or Territory; Australian university researcher means— (a) a member of staff of an Australian university; or (b) an undergraduate or postgraduate student of an Australian university; or (c) a consultant to an Australian university; court or tribunal order— (a) means an order, direction or other instrument made by— (i) a court; or (ii) a judge (including a judge acting in a personal capacity) or a person acting as a judge; or (iii) a magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or (iv) any other person or body that has the power to act judicially under a law of the Commonwealth or a State or Territory; or (v) a tribunal; or (vi) a member or an officer of a tribunal; and (b) includes an order, direction or other instrument that is of an interim or interlocutory nature; delivery of government services means the delivery of any of the following services by the Commonwealth or a State or Territory: (a) providing information; (b) providing services, other than services relating to a payment, entitlement or benefit; (c) determining eligibility for a payment, entitlement or benefit; (d) paying a payment, entitlement or benefit. Subsections (7), (8) and (10) are civil penalty provisions: see the definition of civil penalty provision in section 2AA(1). 54CB—Disclosure of protected information by officer or employee of, or consultant to, AEMO The disclosure of protected information by a person in the ordinary course of carrying out functions as an officer or employee of, or consultant to, AEMO is authorised. 54D—Disclosure for purposes of court and tribunal proceedings AEMO is authorised to disclose protected information for the purposes of— (a) civil or criminal proceedings; or (b) a proceeding before the Tribunal or a tribunal established by or under a law of this jurisdiction or another participating jurisdiction. 54E—Disclosure of document with omission of protected information (1) If a document contains both protected information and other information, AEMO may disclose the document with the omission of the protected information. (2) AEMO must include a note at the place in the document from which the protected information is omitted to the effect that protected information has been omitted from the document. 54F—Disclosure of non-identifying information AEMO is authorised to disclose protected information if— (a) it does not disclose any elements of the information that could lead to the identification of the person to whom the information relates; or (b) the manner in which it discloses the information does not identify the person to whom that information relates. Protected information may be combined or arranged with other information to prevent the identification of the person to whom the protected information relates. 54FA—Disclosure of information in an aggregated form AEMO is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if the information has been combined or arranged with other information so that it does not reveal any confidential aspects of the information. 54G—Disclosure of protected information for safety, proper operation of the market etc (1) AEMO is authorised to disclose protected information if— (a) the disclosure is necessary for— (i) the safety, reliability or security of the supply of electricity; or (ii) the safety, reliability or security of the national electricity system; or (b) the disclosure is necessary for the proper operation of the national electricity market; or (c) the information is customer profiling information for facilitating retail competition; or (d) the information is in the public domain. (2) AEMO may impose conditions to be complied with in relation to information disclosed under subsection (1)(a), (b) or (c). 54H—Disclosure of protected information authorised if detriment does not outweigh public benefit (1) Subject to this section, AEMO is authorised to disclose protected information after the restricted period if AEMO is of the opinion— (a) that the disclosure of the information would not cause detriment to the person who has given it or to a person from whom that person received it; or (b) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment. (2) Before disclosing the protected information, AEMO must give the person who gave the protected information— (i) that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and (iii) that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and (3) If AEMO is aware that the person who gave the protected information in turn received the information from another person and is aware of the other person's identity and address, AEMO must, before disclosing the information give the other person— (i) that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and (iii) that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and (4) AEMO must consider every representation made to it by a person given an initial disclosure notice within the time specified in the notice. (5) The period specified in an initial disclosure notice must not be less than 5 business days after the date the initial disclosure notice is given to the person. (6) If, after considering the representations, AEMO wishes to disclose the protected information, AEMO must give the person given the initial disclosure notice— (a) a written notice (a further disclosure notice) stating— (i) that AEMO intends to disclose the information, specifying the nature of the intended disclosure; and (i) intends to make the disclosure; and (7) For the purposes of this section, the disclosure of anything that is already in the public domain at the time AEMO wishes to disclose it cannot cause detriment to any person referred to in subsection (2) or (3). (7a) Despite anything to the contrary in this Law, this section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to— (a) AEMO's decision under subsection (1) to disclose protected information; and (b) without limiting paragraph (a), if AEMO's decision under subsection (1) is to disclose the protected information, AEMO's opinion— (i) that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or (ii) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment. restricted period means a period of 5 business days after— (a) an initial disclosure notice has been given under this section; or (b) a further disclosure notice has been given under this section, whichever is the later. Division 7—AEMO's statutory funds 55—Definitions Rule fund means a fund existing in NEMMCO's books as a Rule fund immediately before the changeover date or a fund established as a Rule fund under this Division. 55A—AEMO's Rule funds (1) Subject to the Rules, AEMO is responsible for the administration of each Rule fund. (2) AEMO must, if required to do so by the Rules, establish and maintain a new Rule fund in accordance with the Rules. (3) Nothing in this Law or the Rules constitutes AEMO, or a director of AEMO, as a trustee of a Rule fund. 55B—Payments into and out of Rule funds (1) AEMO must ensure that there is paid into each Rule fund— (a) all amounts received by AEMO that, under the Rules, are required to be paid into the fund; and (b) income from investment of money in the fund. (2) Money held in a Rule fund may be applied only in payment of— (a) amounts that, under the Rules, are required or permitted to be paid from the fund; or (b) liabilities or expenses of the fund. 55C—Investment (1) AEMO may invest money standing to the credit of a Rule fund. (2) AEMO must, in exercising the power of investment, exercise the care, diligence and skill that a prudent person would exercise in managing the affairs of others.