Part 1General

Part 1—General 1—Definitions In this Schedule— ACCC means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth; Code participant has the same meaning as in section 3 of the old National Electricity Law; commencement day means the day on which section 12 of the South Australian amending Act comes into operation; NECA means National Electricity Code Administrator Limited ACN 073 942 775; new commencement day means the day on which section 88 of the National Electricity (South Australia) (National Electricity Law—Miscellaneous Amendments) Amendment Act 2007 of South Australia comes into operation; South Australian amending Act means the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia. The Regulations may also contain provisions of an application, savings or transitional nature. Part 2—General savings provision 2—Saving of operation of old National Electricity Law (1) Subject to this Schedule, the repeal of the old National Electricity Law does not— (a) revive anything not in force or existing at the time the repeal takes effect; or (b) affect the previous operation of the old National Electricity Law or anything suffered, done or begun under or in accordance with the old National Electricity Law; or (c) affect a right, privilege or liability acquired, accrued or incurred under the old National Electricity Law; or (d) affect a penalty incurred in relation to an offence arising under the old National Electricity Law or penalty incurred in relation to a breach of a provision of the National Electricity Code; or (2) Subject to this Schedule, any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the old National Electricity Law had not been repealed. The substitution of a Schedule to an Act repeals the Schedule. Part 3—National Electricity Code changes 3—Current Code change and derogation proposals to be dealt with under this Law current Code change proposal means a proposed change to the National Electricity Code— (a) that is not a derogation; and (b) that NECA has not adopted and implemented in accordance with the National Electricity Code as at the commencement day; current Code derogation proposal means an application for a derogation, or request for an extension of the period for which a derogation has been granted, that NECA has not granted in accordance with the National Electricity Code as at the commencement day; derogation has the same meaning as in Chapter 10 of the National Electricity Code; interested party means— (a) a Code participant; or (b) a person who is an interested party within the meaning of the National Electricity Code; relevant Code change step means a requirement under the National Electricity Code that must be complied with for the purpose of— (a) making a change to the National Electricity Code; or (b) making a derogation or extending the period for which a derogation has been granted; relevant Rule-making step means a requirement under a provision of Part 7 of this Law that the AEMC must comply with in the making of a Rule under that Part. (2) Subject to this clause, on the commencement day every current Code change proposal is to be taken to be a request for the making of a Rule under Part 7 of this Law and may be made by the AEMC in accordance with that Part. (3) Subject to this clause, on the commencement day every current Code derogation proposal is to be taken to be a request for the making of a participant derogation under Part 7 of this Law and may be made by the AEMC in accordance with that Part. (4) The AEMC may decide to dispense, or not comply, with a relevant Rule-making step in respect of a current Code change proposal or current Code derogation proposal if it is of the opinion that the relevant Rule-making step duplicates or is consistent with a relevant Code change step that has already been taken under the National Electricity Code. (5) On making a decision under subclause (4), the AEMC must publish a notice of that decision— (a) in a newspaper circulating generally throughout Australia; and (b) on its website. A person aggrieved by a decision of the AEMC under subclause (4) may apply to the Court under section 70 for judicial review of the decision. 4—Current jurisdictional derogation proposals to be made under this Law current jurisdictional derogation change proposal means a change to a jurisdictional derogation in respect of which NECA has not published a notice of the change in accordance with clause 9.1.1(h) of the National Electricity Code; jurisdictional derogation has the same meaning as in clause 9.1.1 of the National Electricity Code; relevant jurisdictional derogation change step means a requirement under Chapter 9 of the National Electricity Code that must be complied with for the purpose of making a change to a jurisdictional derogation; relevant Rule-making step means a requirement under a provision of Part 7 of this Law that the AEMC must comply with in the making of a Rule under that Part. (2) Subject to this clause, on the commencement day, every current jurisdictional derogation change proposal is to be taken to be a request for the making of a jurisdictional derogation under Part 7 of this Law and may be made by the AEMC in accordance with that Part. (3) The AEMC may decide to dispense, or not comply, with a relevant Rule-making step in respect of a current jurisdictional derogation change proposal if it is of the opinion that the relevant Rule-making step duplicates or is consistent with a relevant jurisdictional derogation change step that has already been undertaken under Chapter 9 of the National Electricity Code. (4) On making a decision under subclause (3), the AEMC must publish a notice of that decision— (a) in a newspaper circulating generally throughout Australia; and (b) on its website. A person aggrieved by a decision of the AEMC under subclause (3) may apply to the Court under section 70 for judicial review of the decision. 4A—Transitional arrangements relating to additional Minister initiated Rules (1) This clause applies if the AEMC receives a request under section 91(1) for the making of a Rule that relates to a Rule that will be amended or revoked by an additional Minister initiated Rule before all of the additional Minister initiated Rules have come into operation. (2) Despite anything to contrary in this Law, the AEMC may— (a) if the request relates to a Rule that will be revoked by an additional Minister initiated Rule—refuse to take action under Part 7 of this Law in respect of that request; or (b) if the request relates to a Rule that will be amended by an additional Minister initiated Rule—treat the request as a request for the making of a Rule that relates to the additional Minister initiated Rule. (3) If the AEMC decides to act under this clause, the AEMC must, as soon as practicable after making the decision— (a) inform the person or body that made the request of its decision; and (b) give that person reasons in writing for that decision. (4) Despite anything to the contrary in this Law, a request for a Rule in respect of which the AEMC has decided to refuse to take action under Part 7 of this Law must, on the date of that decision, be taken to have never been made. Part 4—Registration 5—Code participants deemed to be Registered participants A Code participant (other than NEMMCO) registered under the National Electricity Code immediately before the commencement day is, on that day, deemed to be— (a) a Registered participant; and (b) registered under this Law and the National Electricity Rules in the same category of registration as the category of registration that the Code participant was registered under National Electricity Code immediately before that day. 6—Exemptions On the commencement day— (a) an exemption given by NEMMCO under clause 2.2.1(c) of the National Electricity Code in force immediately before that day is deemed to be an exemption granted under section 12(5); (b) an exemption granted by NECA under clause 2.5.1(d) of the National Electricity Code in force immediately before that day is deemed to be an exemption granted under section 13(3). Part 5—References to the National Electricity Code and specific provisions or terms 7—References to the National Electricity Code Unless the context otherwise requires, on and from the commencement day, every reference in a document (however described) to the National Electricity Code is deemed to be a reference to the National Electricity Rules. 8—References to provisions of the National Electricity Code Unless the context otherwise requires, on and from the commencement day, every reference to a provision of the National Electricity Code in a document (however described) is deemed to be a reference to the provision of the National Electricity Rules that corresponds to that provision of the National Electricity Code. 9—References to Code participants (1) Unless the context otherwise requires, on and from the commencement day, every reference in a document (however described) to a Code participant (other than NEMMCO) within the meaning of the old National Electricity Law is deemed to be a reference to a Registered participant. (2) Unless the context otherwise requires, on and from the commencement day, every reference in a document (however described) to a Code participant (within the meaning of the old National Electricity Law) that is NEMMCO is deemed to be a reference to NEMMCO. Part 6—Investigations and proceedings 10—Investigations into breaches and possible breaches of the Code (1) On and from the commencement day, a NECA investigation may be conducted and completed by the AER in accordance with this Law, the Regulations and the Rules as if that investigation were commenced by the AER under this Law, the Regulations and the Rules. NECA investigation means an investigation into a breach or possible breach of the National Electricity Code by NECA under the old National Electricity Law and National Electricity Code that— (a) has been commenced by NECA before the commencement day; and (b) has not been completed by NECA before the commencement day. 10A—AER may conduct investigations into breaches or possible breaches of NEL not investigated by NECA (1) Despite anything to the contrary in this Schedule, the AER may, on and from the new commencement day, conduct an investigation into a breach or possible breach of the National Electricity Code. (2) In conducting an investigation referred to in subclause (1), the AER has all the functions, and may exercise all the powers, NECA had under the old National Electricity Law and National Electricity Code to conduct an investigation into a breach or possible breach of the National Electricity Code. 10B—AER may bring proceedings in relation to breaches of National Electricity Code in the Court AER breach investigation means an investigation conducted and completed by the AER in accordance with clause 10 or 10A. (2) On and from the new commencement day, the AER may bring proceedings in the Court in respect of an AER breach investigation. (3) Despite anything to the contrary in clause 2, for the purposes this clause, sections 17(1)(b) and 44 of the old National Electricity Law apply to a proceeding under this clause as if— (a) a reference to the Tribunal were a reference to the Court; and (b) a reference to NECA were a reference to the AER. Part 7—Funds 11—Civil penalties fund (1) On the commencement day, all money standing to the credit of the civil penalties fund immediately before that day vests in the AEMC. civil penalties fund has the same meaning as in section 66 of the old National Electricity Law. Part 8—Other 12—Continuation of Reliability Panel (1) On the commencement day— (a) the persons appointed under clause 8.8 of the National Electricity Code, and comprising the Reliability Panel immediately before that day, are deemed to be the persons appointed to comprise the Reliability Panel established under section 38; and (b) the Reliability Panel established under section 38 is deemed to be the same body as the Reliability Panel established under clause 8.8 of the National Electricity Code. (2) However, despite anything to the contrary in the National Electricity Rules, the persons deemed to be appointed to comprise the Reliability Panel under subclause (1) must, unless they earlier resign from the Reliability Panel, cease to comprise the Reliability Panel on the day that is 6 months after the commencement day. (3) To avoid doubt, each of the persons who cease to be appointed to comprise the Reliability Panel by operation of subclause (2), or earlier resign as contemplated by subclause (2), are eligible to be reappointed to the Reliability Panel in accordance with section 38 and the National Electricity Rules. 13—Jurisdictional system security coordinator On the commencement day, the Jurisdictional Co-ordinator appointed by the Minister of this jurisdiction under clause 4.3.2(e) of the National Electricity Code is deemed to be appointed as the jurisdictional system security coordinator under section 110. 14—Rights under certain change of law provisions in agreements or deeds not to be triggered (1) The repeal of the old National Electricity Law and the commencement of this Law and the initial National Electricity Rules is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day. The substitution of a Schedule to an Act repeals the Schedule. (2) Subclause (1) applies despite any provision in any agreement or deed to the contrary. 15—Certain undertakings to cease effect on commencement day (1) Any deed entered into by a Code participant for the purposes of clause 2.8.2 of the National Electricity Code and in effect immediately before the commencement day, ceases to have effect on that day. (2) Subclause (1) does not affect a right, privilege or liability acquired, accrued or incurred under a deed referred to in that subclause, or under the National Electricity Code by force of a deed referred to in that subclause, except as otherwise provided by the Regulations. Part 9—Tasmanian participation in the national electricity market 16—Jurisdictional derogations relating to Tasmania's entry into national electricity market (1) Despite anything to the contrary in this Law, the Regulations, the Rules or the Australian Energy Market Commission Establishment Act 2004 of South Australia, the Minister of the Crown in right of Tasmania nominated under section 6(2) may, in writing, direct the AEMC to make a jurisdictional derogation that is substantially the same as the changes to the National Electricity Code— (a) authorised by the ACCC under Part VII of the Competition and Consumer Act 2010 of the Commonwealth in the determination of the ACCC entitled "Tasmanian Derogations and Vesting Contract – Tasmania's NEM entry", dated 14 November 2001; and (b) in any determination of the ACCC varying the authorisation referred to in paragraph (a). (2) The AEMC must, despite anything to the contrary in this Law, the Regulations, the Rules or the Australian Energy Market Commission Establishment Act 2004 of South Australia, make the jurisdictional derogation as soon as practicable after being given a direction under subclause (1). (3) In making the jurisdictional derogation under subclause (2), the AEMC need not comply with Division 3 of Part 7 of this Law (other than sections 103(2), 104 and 105). 17—Definition of national electricity system to permit Tasmania to participate in national electricity market before commissioning of Basslink (1) Despite anything to the contrary in this Law, the Regulations or the Rules, on and from the commencement day and until the relevant day, every reference in this Law, the Regulations or the Rules to the interconnected transmission and distribution system is to be read as including a reference to the interconnected transmission and distribution system in the State of Tasmania. (2) The Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia may, on being satisfied that Basslink will connect the electricity grids of the States of Tasmania and Victoria on a particular day, publish notice of that day in the South Australian Government Gazette. relevant day means the day notified under subclause (2); Basslink has the same meaning as in the Electricity Supply Industry Act 1995 of Tasmania. 18—Operation and effect of Rule 6A.21.2 of the National Electricity Rules Rule 6A.21.2 of the National Electricity Rules is deemed to have the same force and effect as it would have had if, at the time the Rule was made, section 34(3)(e) (as amended by section 28(2) of the National Electricity (South Australia) (National Electricity Law—Miscellaneous Amendments) Amendment Act 2007 of South Australia) were in force. Part 10—Transitional provisions related to AEMO amendments 19—Definitions AEMO T means Australian Energy Market Operator (Transitional) Ltd (ACN 132 770 104); costs of transition means expenditure incurred by the Commonwealth, AEMO T, AEMO and the former electricity planning authorities in or in relation to— (a) restructuring NEMMCO in anticipation of its assumption of a wider role (as AEMO); or (b) preparing for AEMO's assumption of its statutory functions; current rules means the provisions of this Law and the Rules; ESIPC means the Electricity Supply Industry Planning Council established under the Electricity Act 1996 of South Australia; former electricity planning authority means— (a) VENCorp; or (b) ESIPC; transitional special project expenditure means— (a) expenditure incurred by NEMMCO in anticipation of its assumption (as AEMO) of its role as national transmission planner and expenditure incurred by AEMO in its role as national transmission planner during its first 3 years in that role; and (b) expenditure incurred by NEMMCO in providing services to the national stakeholder steering committee for smart meters and expenditure incurred by AEMO in providing services to the national stakeholder steering committee for smart meters during the first 3 years after the changeover date. 20—Interaction between this Part and jurisdictional transitional arrangements (1) This Part and any Regulations or Rules of a saving or transitional nature apply in a participating jurisdiction subject to any exclusions or qualifications made by or under an Act of the participating jurisdiction. Regulations or Rules of a saving or transitional nature means Regulations or Rules relating to the transition from the superseded jurisdictional rules to the current rules. 21—Recovery of costs of transition (1) AEMO may recover the costs of transition as a component of the participant fees payable by Registered participants who are Market Customers. (2) The costs of transition are to be recovered— (a) over a period of 4 financial years from the changeover date; and (b) in accordance with a schedule prepared by AEMO and published on its website. 22—Transitional special project expenditure (1) AEMO may recover transitional special project expenditure as a component of the participant fees payable by Registered participants who are Market Customers. (2) The expenditure is to be recovered— (a) over a period of 4 financial years from the changeover date; and (b) in accordance with a schedule prepared by AEMO and published on its website. 23—Interpretation of obsolete references As from the day AEMO assumes responsibility for the operation of a market for electricity in a participating jurisdiction, references to the former operator of the market in an instrument (including a legislative instrument) relevant to the market are to be construed as references to AEMO. Part 11—Application of National Energy Retail Law amendments 24—Application of National Energy Retail Law amendments The amendments made to this Law by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia do not apply in a participating jurisdiction until the National Energy Retail Law is applied in that jurisdiction as a law of that jurisdiction.