Div 7Miscellaneous matters

Division 7—Miscellaneous matters 28ZC Consideration by the AER of submissions made to it under this Law 28ZD Use of information provided under a notice under section 28 or a regulatory information instrument 28ZE AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices 28ZF AER Guidelines 28ZG AER must report to MCE if it does not make network revenue or pricing determination within time 28ZH Single documentation 28ZI Use of information Part 4—Functions and powers of the Australian Energy Market Commission 29 Functions and powers of the AEMC 30 Delegations 31 Confidentiality 32 AEMC must have regard to national electricity objective 32A Targets statement for greenhouse gas emissions targets 33 AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews Division 2—Rule making functions and powers of the AEMC 34 Rule making powers 35 Rules relating to MCE or Ministers of participating jurisdictions require MCE consent 36 AEMC must not make Rules that create criminal offences or impose civil penalties for breaches 37 Documents etc applied, adopted and incorporated by Rules to be publicly available Division 3—Committees, panels and working groups of the AEMC 38 The Reliability Panel 39 Establishment of committees and panels (other than the Reliability Panel) and working groups Division 4—MCE directed reviews 41 MCE directions 42 Terms of reference 43 Notice of MCE directed review 44 Conduct of MCE directed review Division 5—Other reviews 45 Reviews by AEMC 46 AEMC must publish and make available up to date versions of Rules 47 Fees 48 Confidentiality of information Part 5—Role of AEMO under National Electricity Law 49 AEMO's statutory functions 49A AEMO's power to carry out statutory functions 49B Delegation Division 2—AEMO's adoptive jurisdiction functions 50 Application of this Division 50A AEMO to account to relevant Minister for performance of adoptive functions Subdivision 2—AEMO's additional advisory functions 50B Additional advisory functions Subdivision 3—AEMO's declared network functions 50C AEMO's declared network functions 50D Network agreement 50E Connection agreements 50F Augmentation 50G AEMO to have qualified exemption for performing statutory functions 50H Resolution of dispute arising from attempt to negotiate a network agreement or augmentation connection agreement 50J General principles governing determinations Division 3—Information etc to be provided to Ministers 51 Ministerial request 51A Compliance with request 51B Quarterly report Division 4—Fees and charges 52 AEMO fees and charges Division 5—Information gathering 53 Information gathering powers 53A Making and publication of general market information order 53B Service of market information notice 53C Compliance with market information instrument 53D Use of information 53E Providing false or misleading information Division 6—Protected information Subdivision 1—AEMO's obligation to protect information 54 Protected information Subdivision 2—Disclosure of protected information held by AEMO 54A Authorised disclosure of protected information 54B Disclosure with prior written consent 54C Disclosure required or permitted by law etc 54CA Authorised disclosure to particular entities for data sharing purposes 54CB Disclosure of protected information by officer or employee of, or consultant to, AEMO 54D Disclosure for purposes of court and tribunal proceedings 54E Disclosure of document with omission of protected information 54F Disclosure of non-identifying information 54FA Disclosure of information in an aggregated form 54G Disclosure of protected information for safety, proper operation of the market etc 54H Disclosure of protected information authorised if detriment does not outweigh public benefit Division 7—AEMO's statutory funds 55 Definitions 55A AEMO's Rule funds 55B Payments into and out of Rule funds 55C Investment Part 5A—Functions and powers of Minister of this participating jurisdiction 57A Functions and powers of Minister of this participating jurisdiction Part 5B—Functions and powers of Tribunal 57B Functions and powers of Tribunal under this Law Part 6—Proceedings under the National Electricity Law 59 Instituting civil proceedings under this Law Division 1A—Enforceable undertakings 59A Enforceable undertakings Division 2—Proceedings by the AER in respect of this Law, the Regulations and the Rules 60 Time limit within which AER may institute proceedings 61 Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences 61A Proceedings for declaration that a person has breached a conduct provision 61B Actions for damages by persons for breach of conduct provisions 62 Additional Court orders 63 Orders for disconnection in certain circumstances where there is no breach 64 Matters for which there must be regard in determining amount of civil penalty 65 Breach of a civil penalty provision is not an offence 66 Breaches of civil penalty provisions involving continuing failure 67 Conduct in breach of more than one civil penalty provision 67A Conduct in breach of reliability obligation civil penalty provision 68 Persons involved in breach of civil penalty provision or conduct provision 68A Attempt to breach civil penalty provision 69 Civil penalties payable to the Commonwealth Division 2A—Proceedings before, and awards etc of, Dispute resolution panels 69A Commercial Arbitration Acts apply to proceedings before Dispute resolution panels Division 3—Judicial review of decisions and determinations under this Law, the Regulations and the Rules 70 Applications for judicial review 71 Appeals on questions of law from decisions or determinations of Dispute resolution panels Division 3A—Merits review and other non-judicial review 71A Definitions Subdivision 3—Tribunal review of information disclosure decisions 71S Application for review 71T Exclusion of public in certain cases 71U Determination in the review 71V Tribunal must be taken to have affirmed decision if decision not made within time 71W Assistance from AER or AEMO Subdivision 4—General 71X Costs in a review 71Y Amount of costs Division 3B—Enforcement of access determinations 71ZA Enforcement of access determinations 71ZB Consent injunctions 71ZC Interim injunctions 71ZD Factors relevant to granting a restraining injunction 71ZE Factors relevant to granting a mandatory injunction 71ZF Discharge or variation of injunction or other order Division 4—Other civil proceedings 72 Obligations under Rules to make payments Division 5—Infringement notices 73 Definitions 74 Power to serve a notice 75 Form of notice 76 Infringement penalties 77 AER cannot institute proceedings while infringement notice on foot 78 Late payment of penalty 79 Withdrawal of notice 80 Refund of infringement penalty 81 Payment expiates breach of civil penalty provision 82 Payment not to have certain consequences 83 Conduct in breach of more than one civil penalty provision 85 Offences and breaches by corporations 86 Corporations also in breach if officers and employees are in breach Part 7—The making of the National Electricity Rules 87 Definitions Subdivision 2—Rule making tests 88 Application of national electricity objective 88A AEMC must take into account form of regulation factors in certain cases 88B AEMC must take into account revenue and pricing principles in certain cases 88C AEMC must take into account innovative trial principles in certain cases 89 AEMC must have regard to certain matters in relation to the making of jurisdictional derogations Division 2—Minister initiated National Electricity Rules Subdivision 1—Initial Rules made by South Australian Minister 90 South Australian Minister to make initial National Electricity Rules 90A South Australian Minister to make further Rules relating to distribution determinations consumer advocacy and other matters 90AB South Australian Minister to make initial Rules relating to consumer data right and further Rules relating to disclosure of data 90B South Australian Minister to make initial Rules related to AEMO's functions under this Law 90BA South Australian Minister may make consequential Rules relating to rate of return instrument 90C South Australian Minister to make initial Rules related to smart meters 90D South Australian Minister may make initial Rules relating to implementation of NERL and NERR 90DA South Australian Minister to make initial Rules relating to regulatory sandboxing 90E South Australian Minister to make initial Rules relating to Energy Consumers Australia 90EA South Australian Minister to make initial Rules relating to Retailer Reliability Obligation 90EB South Australian Minister to make initial Rules relating to stand‑alone power systems 90EC South Australian Minister to make initial Rules relating to Ministerial reliability instrument 90ED South Australian Minister may make initial Rules relating to national electricity objective 90EE South Australian Minister to make initial Rules relating to data access 90EF South Australian Minister to make initial Rules relating to wholesale market monitoring matters 90EG South Australian Minister to make initial Rules relating to orderly exit management 90EH South Australian Minister to make initial Rules relating to credit support for RoLR events Subdivision 2—Rules made by Minister from time to time 90F South Australian Minister may make Rules on recommendation of MCE and Energy Security Board Division 3—Procedure for the making of a Rule by the AEMC 91 Initiation of making of a Rule 91A AEMC may make more preferred Rule in certain cases 91B AEMC may make Rules that are consequential to a Rule request 92 Contents of requests for Rules 92A Waiver of fee for Rule requests 93 Consolidation of 2 or more Rule requests 94 Initial consideration of request for Rule 94A AEMC may request further information from Rule proponent in certain cases 95 Notice of proposed Rule 96 Publication of non-controversial or urgent final Rule determination 96AA Publication of final Rule determination for trial Rule 96A "Fast track" Rules where previous public consultation by electricity market regulatory body or an AEMC review 97 Right to make written submissions and comments 98 AEMC may hold public hearings before draft Rule determination 99 Draft Rule determinations 100 Right to make written submissions and comments in relation to draft Rule determination 101 Pre-final Rule determination hearings 102 Final Rule determinations 102A Proposal to make more preferable Rule 103 Making of Rule 104 Operation and commencement of Rule 104A Extension of trial Rule 104B AEMC may impose requirements on proponent of trial project on making trial Rule 104C AEMC may revoke trial Rule on recommendation of AER 104D Special provision for revocation of trial Rule 105 Rule that is made to be published on website and made available to the public 106 Evidence of the National Electricity Rules Division 4—Miscellaneous provisions relating to Rule making by the AEMC 107 Extensions of periods of time in Rule making procedure 107A AEMC may extend period of time for making of final Rule determination for further consultation 108 AEMC may publish written submissions and comments unless confidential 108A AEMC must publicly report on Rules not made within 12 months of public notification of requests 108B Subsequent rule making by AEMC Part 8—Safety and security of the National Electricity System 109 Definitions 110 Appointment of jurisdictional system security coordinator 111 Jurisdictional system security coordinator to prepare jurisdictional load shedding guidelines 112 AEMO to develop load shedding procedures for each participating jurisdiction 113 Exchange of information 114 AEMO to ensure maintenance of supply of sensitive loads 115 Shedding and restoring of loads 115A Determination of customer load shedding arrangement 116 Actions that may be taken to ensure safety and security of national electricity system 117 AEMO to liaise with Minister of this jurisdiction and others during an emergency 118 Obstruction and non-compliance Part 8AA—Orderly exit management Division 1—Preliminary 118AA Definitions 118AB Application of Part to jurisdiction