Div 5Miscellaneous

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