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National Electricity (South Australia) Act 1996
Div 7Miscellaneous matters
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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