SAIn ForceAct
National Electricity (South Australia) Act 1996
Div 5Miscellaneous
Start here
Get a plain-English read of Div 5
Turn the raw legal text into a practical explanation grounded in National Electricity (South Australia) Act 1996.
Division 5—Miscellaneous
118AZE Minister not required to take certain actions before making mandatory operation direction
118AZF No liability for enactment or operation of Part
118AZG Review of Part
118AZH Consultation between NSW and ACT
Part 8A—Smart metering services
Division 1—Interpretation
118A Definitions
Division 2—Ministerial pilot metering determinations
118B Ministerial pilot metering determinations
118C Consultation with interested persons required before making Ministerial pilot metering determination
Division 4—Provisions applicable to Ministerial smart metering determinations
118F Compliance with Ministerial smart metering determinations
118G Minister of participating jurisdiction must consult with other participating jurisdiction Ministers
118H Content of Ministerial smart metering determinations
118I Publication and giving of Ministerial smart metering determinations
118J When Ministerial smart metering determinations take effect
118K AEMC must publish Ministerial smart metering determination it receives on its website
Part 9—Immunities
119 Immunity of AEMO and network service providers
120 Immunity in relation to failure to supply electricity
120A Immunity in relation to use of computer software
120B Immunity from liability—dispute resolution
121 Immunity from personal liability of AEMC officials
122 Immunity from personal liability of Reliability Panel
Part 10—Access Disputes
Division 1—Interpretation and application
123 Definitions
124 Part does not limit how disputes about access may be raised or dealt with
Division 2—Notification of access dispute
125 Notification of access dispute
126 Withdrawal of notification
127 Parties to an access dispute
Division 3—Access determinations
128 Determination of access dispute
129 AER may require parties to mediate, conciliate or engage in an alternative dispute resolution process
130 Access determination must give effect to network revenue or pricing determination
131 AER may terminate access dispute in certain cases
132 AER must terminate access dispute if there is genuine competition
133 Restrictions on access determinations
134 Access determination need not require the provision of an electricity network service
Division 4—Variation of access determinations
135 Variation of access determinations
Division 5—Compliance with access determinations
136 Compliance with access determination
Division 6—Access dispute hearing procedure
137 Hearing to be in private
138 Right to representation
139 Procedure of AER
140 Particular powers of AER in a hearing
141 Disclosure of information
142 Power to take evidence on oath or affirmation
143 Failing to attend as a witness
144 Failing to answer questions etc
145 Intimidation etc
146 Party may request AER to treat material as confidential
147 Costs
148 Outstanding costs are a debt due to party awarded the costs
Division 7—Joint access dispute hearings
149 Definition
150 Joint dispute hearing
151 Consulting the parties
152 Constitution and procedure of AER for joint dispute hearings
153 Record of proceedings etc
Division 8—Miscellaneous matters
154 Correction of access determinations for clerical mistakes etc
155 Subsequent network service provider bound by access determinations
156 Regulations about the charges to be paid by parties to access dispute for AER's costs in dispute hearing
Part 11—General
157 Preventing or hindering access
158 Failure to make a decision under this Law or the Rules within time does not invalidate the decision
159 Penalty privilege
160 Court may grant relief from liability
Schedule 1—Subject matter for the National Electricity Rules
Schedule 2—Miscellaneous provisions relating to interpretation
1 Displacement of Schedule by contrary intention
Part 2—General
2 Law to be construed not to exceed legislative power of Legislature
2A Changes of drafting practice not to affect meaning
3 Every section to be substantive enactment
4 Material that is, and is not, part of Law
5 References to particular Acts and to enactments
6 References taken to be included in Act or Law citation etc
7 Interpretation best achieving Law's purpose
8 Use of extrinsic material in interpretation
9 Compliance with forms
Part 3—Terms and references
10 Definitions
11 Provisions relating to defined terms and gender and number
12 Meaning of may and must etc
13 Words and expressions used in statutory instruments
14 References to Minister
15 Production of records kept in computers etc
16 References to this jurisdiction to be implied
17 References to officers and holders of offices
18 Reference to certain provisions of Law
Part 4—Functions and powers
19 Performance of statutory functions
20 Power to make instrument or decision includes power to amend or repeal
21 Matters for which statutory instruments may make provision
22 Presumption of validity and power to make
23 Appointments may be made by name or office
24 Acting appointments
25 Powers of appointment imply certain incidental powers
26 Delegation
27 Exercise of powers between enactment and commencement
Part 5—Distance and time
28 Matters relating to distance and time
Part 6—Service of documents
29 Service of documents and meaning of service by post etc
30 Meaning of service by post etc
Part 6A—Evidentiary matters
Division 1—Publication on websites
31AA Definitions
31AB Publication of relevant AER decisions on websites
Division 2—Evidentiary certificates
31AC Definitions
31AD Evidentiary certificates—AER
31AE Evidentiary certificates—AEMC
31AF Evidentiary certificates—AEMO