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National Electricity (South Australia) Act 1996
Div 6Disclosure of confidential information held by AER
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Division 6—Disclosure of confidential information held by AER
28W—Authorised disclosure of information given to the AER in confidence
The AER is authorised to disclose information given to it in confidence in, or in connection with, the performance or exercise of its functions or powers under this Law or the Rules subject to and in accordance with—
(a) this Division; or
(b) section 146.
See also section 18 of this Law and section 44AAF of the Competition and Consumer Act 2010 of the Commonwealth.
28X—Disclosure with prior written consent is authorised
The AER is authorised to disclose information given to it in confidence if the AER has the written consent to do so of—
(a) the person who gave the information; or
(b) the person from whom the person referred to in paragraph (a) received that information.
28Y—Disclosure for purposes of court and tribunal proceedings and to accord natural justice
The AER is authorised to disclose information given to it in confidence—
(a) for the purposes of civil or criminal proceedings; or
(b) for the purposes of a proceeding before the Tribunal or a tribunal established by or under a law of this jurisdiction or another participating jurisdiction; or
(c) for the purposes of according natural justice to a person affected by a decision (however described) of the AER under this Law or the Rules.
28YA—Disclosure of information to Energy Security Board
The AER is authorised to disclose to the Energy Security Board information given to the AER in confidence in or in connection with the performance of its functions or the exercise of its powers under this Law or the Rules.
28Z—Disclosure of information given to the AER with confidential information omitted
(a) in compliance with this Law or the Rules or voluntarily, a person gives the AER information in confidence; and
(b) that information is contained in a document with other information.
(2) The AER may disclose the document with the information given in confidence omitted.
(3) The AER must include a note at the place in the document from which the information given in confidence is omitted to the effect that that information has been omitted from the document.
28ZA—Disclosure of information given in confidence does not identify anyone
The AER is authorised to disclose the information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if—
(a) it does not disclose any elements of the information that could lead to the identification of the person to whom that information relates; or
(b) the manner in which it discloses the information does not identify the person to whom that information relates.
Information disclosed under this section may be combined or arranged with other information provided that the manner in which that information is combined or arranged will not lead to the identification of the person to whom the information relates.
28ZAA—Disclosure of information in an aggregated form
The AER 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.
28ZAB—Disclosure of information that has entered the public domain
The AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if the information is already in the public domain.
28ZB—Disclosure of information authorised if detriment does not outweigh public benefit
(1) Despite sections 28X to 28ZAB (inclusive), the AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, after the restricted period if the AER is of the opinion—
(a) that the disclosure of the information would not cause detriment to the person who has given it or to the 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.
(1a) However—
(a) in the case of information given to the AER in order to comply with a regulatory information instrument—the AER must not disclose information under subsection (1) unless and until—
(i) the AER has considered any reasons and information given to the AER under section 28OA(1)(b) and (2) when determining whether or not it is of the opinion required by subsection (1); and
(ii) the AER has complied with subsections (1b), (1c) and (1d); and
(iii) the restricted period has expired; and
(b) in the case of other information—the AER must not disclose information under subsection (1) unless and until—
(i) the AER has complied with subsections (2) to (6) (inclusive); and
(ii) the restricted period has expired.
(1b) If the AER wishes to disclose information to which subsection (1a)(a) applies (after taking into account the requirements of subsections (1) and (1a)(a)) and—
(a) the AER intends to disclose the information on the basis of the AER having formed the opinion required by subsection (1)(a), the AER must give the person who gave the information and, if the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person's identity and address, that other person—
(i) a written notice stating—
(A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and
(B) that the AER is of the opinion required by subsection (1)(a); and
(ii) the AER's decision, in writing, setting out the reasons why the AER—
(A) wishes to make the disclosure; and
(B) is of the opinion required by subsection (1)(a); or
(b) the AER intends to disclose the information on the basis of the AER having formed the opinion required by subsection (1)(b), the AER must give the person who gave the information and, if the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person's identity and address, that other person—
(i) a written notice stating—
(A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and
(B) that the AER is of the opinion required by subsection (1)(b); and
(C) that the person, within the period specified in the notice (which must not be less than 5 business days after the date the notice is given to the person), may make representations to the AER solely in relation to the AER's reasons for deciding that the public benefit in disclosing the information outweighs any detriment that may be caused to the person by the disclosure; and
(ii) the AER's decision, in writing, setting out the reasons why the AER—
(A) wishes to make the disclosure; and
(B) is of the opinion required by subsection (1)(b).
(1c) The AER must consider any representation that complies with the requirements of subsection (1b)(b)(i)(C) made to it by a person given a notice under subsection (1b)(b)(i) within the time specified in the notice.
(1d) If, after considering any representation under subsection (1c), the AER wishes to disclose the information, the AER must give each person given a notice under subsection (1b)(b)(i)—
(a) a written notice stating—
(ii) that the AER is of the opinion required by subsection (1)(b); and
(ii) is of the opinion required by subsection (1)(b).
(1e) To avoid doubt, a person entitled to make representations under subsection (1b)(b)(i) is not entitled to make representations under that subsection in relation to the AER's assessment of the detriment that may be caused to the person by the intended disclosure of the information.
(2) Before disclosing information to which subsection (1a)(b) applies, the AER must give the person who gave the information—
(iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and
(3) If the AER is aware that the person who gave information to which subsection (1a)(b) applies in turn received the information from another person and is aware of that other person's identity and address, the AER must, before disclosing the information give that other person—
(iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and
(4) The AER 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 of time 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 any representation under subsection (4), the AER wishes to disclose the information, the AER must give the person given the initial disclosure notice—
(a) a written notice (a further disclosure notice) stating—
(7) For the purposes of this section, the disclosure of anything that is already in the public domain at the time the AER wishes to disclose it cannot cause detriment to any person referred to in subsection (1b), (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) the AER's decision under subsection (1) to disclose information given in confidence to the AER including, but not limited to, such information given to the AER in compliance with a regulatory information instrument and in relation to which a claim of confidentiality has been made in accordance with section 28OA; and
(b) without limiting paragraph (a), if the AER's decision under subsection (1) is to disclose the confidential information, the AER'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) in the case of information given to the AER in order to comply with a regulatory information instrument—a period of 5 business days after—
(i) a notice has been given under subsection (1b)(a)(i); or
(ii) —
(A) a notice has been given under subsection (1b)(b)(i); or
(B) a notice has been given under subsection (1d)(a),
whichever is the later; or
(b) in the case of other information—a period of 5 business days after—
(i) an initial disclosure notice has been given under this section; or
(ii) a further disclosure notice has been given under this section,
whichever is the later.
Division 7—Miscellaneous matters
28ZC—Consideration by the AER of submissions made to it under this Law
If, under this Law or the Rules, the AER publishes a notice inviting submissions in relation to the making of an AER economic regulatory decision, the AER, in making the decision—
(a) must consider every submission it receives within the period specified in the notice; and
(b) may, but need not, consider a submission it receives after the period specified in the notice expires.
28ZD—Use of information provided under a notice under section 28 or a regulatory information instrument
The AER may use information provided to it by a person in compliance with a notice under section 28 or a regulatory information instrument for any purposes connected with the performance or exercise of a function or power of the AER under—
(a) this Law or the Rules; or
(b) the National Gas Law or the National Gas Rules; or
(c) the National Energy Retail Law or the National Energy Retail Rules.
28ZE—AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices
(1) If the AER is given information by any person in relation to a breach or a possible breach of this Law, the Regulations or the Rules by a person but—
(a) decides not to investigate that breach or possible breach; or
(b) following an investigation, decides not to—
(i) institute any proceedings in respect of that breach or possible breach under Part 6; or
(ii) serve an infringement notice in accordance with Division 5 of Part 6 in respect of that breach or possible breach,
the AER must notify that person of that decision in writing.
(2) This section does not apply if the person gave the information to the AER anonymously.
28ZF—AER Guidelines
(a1) The AER must prepare guidelines about the exercise of its powers under section 28, including about—
(a) the rights and obligations of persons who are served with a relevant notice under that section; and
(b) the penalties applying under that section for non‑compliance with a notice; and
(c) the purposes for which information obtained under that section may be used.
(1) The AER may prepare guidelines about the matters it will have regard to before—
(a) making an application under section 61; or
(b) serving an infringement notice under section 74; or
(c) accepting an enforceable undertaking under section 59A.
(2) The AER must publish guidelines prepared under subsection (a1) or (1) on its website.
28ZG—AER must report to MCE if it does not make network revenue or pricing determination within time
(1) If the AER does not make a network revenue or pricing determination within the period of time specified by this Law or the Rules for the making of that determination, the AER must give a report to the MCE that—
(a) describes the AER's handling of the matter; and
(b) gives the reasons of the AER for not making the determination within the specified period; and
(c) specifies a date by when the AER considers the determination will be made.
(2) A report under subsection (1)—
(a) must be given to the MCE as soon as practicable after the expiry of the specified period; and
(b) must be published on the AER's website as soon as practicable after it is given to the MCE in accordance with paragraph (a).
28ZH—Single documentation
(1) This section applies if the AER is authorised to prepare a document under this Law or the Rules for a purpose and is also authorised to prepare a document or documents under any of the following:
(a) the National Gas Law;
(b) the National Gas Rules;
(c) the National Energy Retail Law;
(d) the National Energy Retail Rules,
for the same or a similar, related or corresponding purpose.
(2) The AER may satisfy the requirements of this Law and the Rules regarding the document under this Law and the Rules by preparing and making (and where relevant publishing) a single document.
See also section 68A of the National Gas Law and section 219 of the National Energy Retail Law.
28ZI—Use of information
(1) The AER may use the information obtained under this Law or the Rules for a purpose connected with the performance or exercise of a function or power of the AER under any of the following:
(a) the National Gas Law;
(b) the National Gas Rules;
(c) the National Energy Retail Law;
(d) the National Energy Retail Rules.
(2) The AER may use the information obtained under any such Law or Rules for a purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules.
(3) This section does not limit any other provision of this Law that provides for the use of information obtained under this Law or the Rules.
See also section 68B of the National Gas Law and section 220 of the National Energy Retail Law.
Part 4—Functions and powers of the Australian Energy Market Commission
29—Functions and powers of the AEMC
(1) The AEMC has the following functions and powers—
(a) the Rule making functions and powers conferred on it under this Law and the Regulations; and
(b) the market development functions conferred on it under this Law and the Rules; and
(c) any other functions and powers conferred on it under this Law and the Rules.
(2) The AEMC has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
30—Delegations
Any delegation by the AEMC under section 20 of the Australian Energy Market Commission Establishment Act 2004 of South Australia extends to, and has effect for the purposes of, this Law, the Regulations and the Rules.
31—Confidentiality
Section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia has effect for the purposes of this Law, the Regulations and the Rules as if it formed part of this Law.
See also sections 48 and 108.
32—AEMC must have regard to national electricity objective
In performing or exercising any function or power under this Law, the Regulations or the Rules, the AEMC must have regard to the national electricity objective.
32A—Targets statement for greenhouse gas emissions targets
(1) The AEMC must prepare and maintain a document (the targets statement) stating the targets set by a participating jurisdiction mentioned in section 7(c).
(2) If the MCE or a Minister of a participating jurisdiction gives a written direction to the AEMC to include a target in, or remove a target from, the targets statement, the AEMC must comply with the direction.
(3) A Minister may give a written direction under subsection (2) only in relation to a target set by the Minister's participating jurisdiction.
(4) The AEMC must publish on its website—
(a) the targets statement; and
(b) each direction given under subsection (2).
(5) In having regard to the national electricity objective under this Law, the Regulations or the Rules with respect to the matters mentioned in section 7(c), a person or body must consider, as a minimum, the targets stated in the targets statement.
33—AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews
The AEMC must have regard to any relevant MCE statement of policy principles—
(a) in making a Rule; or
(b) in conducting a review under section 45.
Division 2—Rule making functions and powers of the AEMC
34—Rule making powers
(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—
(a) regulating—
(i) the operation of the national electricity market;
(ii) the operation of the national electricity system for the purposes of the safety, security and reliability of that system;
(iii) the activities of persons (including Registered participants) participating in the national electricity market or involved in the operation of the national electricity system;
(iv) the provision of connection services to retail customers; and
(aa) facilitating and supporting the provision of services to retail customers; and
(ab) any matter or thing related to, or necessary or expedient for, the purposes of the Retailer Reliability Obligation; and
(ac) any matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver; and
(ad) any matter or thing related to, or necessary or expedient for, the purposes of orderly exit management under Part 8AA; and
(b) 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.
(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.
(3) Rules made by the AEMC in accordance with this Law and the Regulations may—
(b) vary according to the persons, times, places or circumstances to which they are expressed to apply;
(c) confer functions or powers on, or leave any matter or thing to be decided or determined by—
(i) the AER, the AEMC, AEMO or a jurisdictional regulator; or
(ii) the Reliability Panel or any other panel or committee established by the AEMC; or
(iii) any other body established, or person appointed, in accordance with the Rules;
(d) confer rights or impose obligations on any person or a class of person (other than the AER, the AEMC or a jurisdictional regulator);
(e) 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;
(f) 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;
(fa) provide for procedures governing the operation of the national electricity market and the sale and supply of electricity to retail customers;
(g) 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—
(i) as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or
(ii) as amended from time to time;
(h) 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—
(i) a guideline, test, standard, procedure or other document (however described) referred to in paragraph (e), (f) or (fa); or
(ii) a standard, rule, specification, method or document (however described) referred to in paragraph (g);
(i) 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;
(j) 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;
(k) 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;
(l) in a specified case or class of case, exempt—
(i) AEMO; or
(ii) a Registered participant or class of Registered participant; or
(iii) 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;
(m) 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—
(i) AEMO; or
(ii) a Registered participant or class of Registered participant; or
(iii) 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;
(n) 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;
(o) 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;
(p) contain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule.
35—Rules relating to MCE or Ministers of participating jurisdictions require MCE consent
The AEMC must not, without the consent of the MCE, make a Rule that confers a right or function, or imposes an obligation, on the MCE or a Minister of a participating jurisdiction.
The term "function" is defined in clause 10 of Schedule 2 to this Law to include "duty".
36—AEMC must not make Rules that create criminal offences or impose civil penalties for breaches
The AEMC must not make a Rule that—
(a) creates an offence for a breach of a provision of the Rules; or
(b) provides for a criminal penalty or civil penalty for a breach of a provision of the Rules.
37—Documents etc applied, adopted and incorporated by Rules to be publicly available
(1) The AEMC must make publicly available—
(a) every standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by a Rule; and
(b) if a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body is applied, adopted or incorporated by a Rule as amended from time to time—any amendment to that standard, rule, specification, method or document.
(2) For the purposes of subsection (1), the AEMC makes a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body applied, adopted or incorporated by any Rule publicly available if the AEMC—
(a) publishes the standard, rule, specification, method or document on the AEMC's website; or
(b) specifies a place from which the standard, rule, specification, method or document may be obtained or purchased (as the case requires).
Division 3—Committees, panels and working groups of the AEMC
38—The Reliability Panel
(1) The AEMC must establish a panel of persons to be known as the Reliability Panel, the composition of which must be in accordance with the Rules.
(2) The functions and powers of the Reliability Panel are—
(a) to monitor, review and report on, in accordance with the Rules, the safety, security and reliability of the national electricity system; and
(b) at the request of the AEMC, to provide advice in relation to the safety, security and reliability of the national electricity system; and
(c) any other functions and powers conferred on it under this Law and the Rules.
(3) At the completion of a review, the Reliability Panel must give a report to the AEMC.
(4) If requested to do so by the AEMC, the Reliability Panel must provide advice to the AEMC in relation to the safety, security and reliability of the national electricity system.
39—Establishment of committees and panels (other than the Reliability Panel) and working groups
The AEMC may establish committees and panels (other than the Reliability Panel) and working groups to—
(a) provide advice on specified aspects of the AEMC's functions; or
(b) undertake any other activity in relation to the AEMC's functions as is specified by the AEMC.
Division 4—MCE directed reviews
41—MCE directions
(1) The MCE may give a written direction to the AEMC that the AEMC conduct a review into—
(a) any matter relating to the national electricity market; or
(ab) any matter relating to any other market for electricity; or
(b) the operation and effectiveness of the Rules; or
(c) any matter relating to the Rules; or
(d) the effectiveness of competition in a market for electricity for the purpose of giving advice about whether to retain, remove or reintroduce price controls on prices for retail electricity services.
(2) A direction given to the AEMC under this section is binding on the AEMC and must be complied with despite anything to the contrary in the Rules.
(3) A direction given under this section must be published in the South Australian Government Gazette.
(4) The AEMC must cause a direction given under this section to be published on its website.
42—Terms of reference
(1) The terms of reference of a MCE directed review will be as specified in the direction given by the MCE.
The terms of reference may require a MCE directed review to be conducted—
(a) about a specific matter within a specified time; or
(b) whenever a specified event occurs; or
(c) on an annual basis.
(2) Without limiting subsection (1), the MCE may in its direction to the AEMC do one or more of the following—
(a) require the AEMC to give a report on a MCE directed review to the MCE within a specified period;
(b) require the AEMC to make the report on a MCE directed review publicly available or available to specified persons or bodies;
(c) require the AEMC to make a draft report publicly available or available to specified persons or bodies during a MCE directed review;
(d) require the AEMC to consider specified matters in the conduct of a MCE directed review;
(e) require the AEMC to have specified objectives in the conduct of a MCE directed review which need not be limited by the national electricity objective;
(ea) require the AEMC to assess a particular matter in relation to services provided in a market for electricity against specified criteria or a specified methodology;
(eb) require the AEMC—
(i) to assess a particular matter in relation to services provided in a market for electricity; and
(ii) to develop appropriate and relevant criteria, or an appropriate and relevant methodology, for the purpose of the required assessment;
(f) give the AEMC other specific directions in respect of the conduct of a MCE directed review.
43—Notice of MCE directed review
(1) The AEMC must publish notice of a MCE directed review on its website.
(2) The AEMC must publish a further such notice if a term of reference or a requirement or direction relating to the MCE directed review is varied.
44—Conduct of MCE directed review
Subject to any requirement or direction of the MCE, a MCE directed review—
(a) may be conducted in such manner as the AEMC considers appropriate; and
(b) may (but need not) involve public hearings.
Division 5—Other reviews
45—Reviews by AEMC
(1) The AEMC may conduct a review into—
(a) the operation and effectiveness of the Rules; or
(b) any matter relating to the Rules.
(2) A review—
(a) may be conducted in such manner as the AEMC considers appropriate; and
(b) may (but need not) involve public hearings.
(3) During the course of a review, the AEMC may—
(a) consult with any person or body that it considers appropriate;
(b) establish working groups to assist it in relation to any aspect, or any matter or thing that is the subject, of the review;
(c) commission reports by other persons on its behalf on any aspect, or matter or thing that is the subject, of the review;
(d) publish discussion papers or draft reports.
(4) At the completion of a review, the AEMC must—
(a) give a copy of the report to the MCE; and
(b) publish a report or a version of a report from which confidential information has been omitted in accordance with section 48.
46—AEMC must publish and make available up to date versions of Rules
The AEMC must, at all times—
(a) maintain, on its website, a copy of the National Electricity Rules, as in force from time to time; and
(b) make copies of the National Electricity Rules, as in force from time to time, available to the public for inspection at its offices during business hours.
47—Fees
(1) The AEMC may charge a fee specified, or a fee calculated in accordance with a formula or methodology specified, in the Regulations for services provided by it in performing or exercising any of its functions or powers under this Law, the Regulations or the Rules.
(2) The fee must not be such as to amount to taxation.
48—Confidentiality of information
(1) Information provided to the AEMC for the purposes of a MCE directed review or a review conducted by the AEMC under section 45 is confidential information for the purposes of Division 4 or 5 if—
(a) the person who provides it claims, when providing it to the AEMC, that it is confidential information; and
(b) the AEMC decides that the information is confidential information.
(2) Nothing prevents the disclosure of confidential information in a report to the MCE or a Minister of a participating jurisdiction under Division 4 or 5, but the AEMC must ensure that the information is identified as such in the report.
(3) If the AEMC decides that information provided to it for the purposes of a MCE directed review, or a review conducted by the AEMC under section 45, is confidential information, the AEMC, the MCE or a Minister of a participating jurisdiction may only make public a version of the report from which the information has been omitted.
(4) If information is omitted from a published version of a report as being confidential information, a note to that effect must be included in the report at the place in the report from which the information is omitted.
See also section 31 of this Law and section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.
Part 5—Role of AEMO under National Electricity Law
49—AEMO's statutory functions
(1) The following functions are conferred on AEMO:
(a) to operate and administer the wholesale exchange;
(b) to promote the development and improve the effectiveness of the operation and administration of the wholesale exchange;
(c) to register persons as Registered participants;
(d) to exempt certain persons from being registered as Registered participants;
(e) to maintain and improve power system security;
(f) to facilitate retail customer transfer, metering and retail competition;
(faa) to disclose information held by AEMO to other persons or bodies in accordance with this Law, the Rules and the Regulations;
(fab) to provide advisory and support services related to information held by, or otherwise available to, AEMO;
(fa) any functions of a data holder under the Competition and Consumer Act 2010 of the Commonwealth for CDR data relating to a designated energy sector;
(g) for an adoptive jurisdiction—the additional advisory functions or declared network functions (as the case requires);
(h) any functions conferred by jurisdictional electricity legislation or an application Act;
(i) any other functions conferred under this Law or the Rules.
Notes—
1 AEMO has additional functions under its Constitution.
2 It should be noted that AEMO's statutory functions include its functions under the National Gas Law, the National Gas Rules and related subordinate legislation: See definition of statutory functions in section 2.
3 AEMO also has responsibilities, under Part 4 of the Australian Energy Market Commission Establishment Act 2004 of South Australia, related to administrative costs associated with the work of the Consumer Advocacy Panel.