Part 5General

Part 5—General 14—Freedom of information The following are exempt agencies for the purposes of the Freedom of Information Act 1991: (b) AEMO; (c) an agent of AEMO with respect to functions performed under the Rules. 15—Conferral of functions and powers on Commonwealth bodies (1) Clause 2 of Schedule 2 of the National Electricity Law will have effect in relation to the operation of any provision of this Act, or any regulation made under this Act, as if the provision or regulation formed part of the National Electricity Law. (2) Subsection (1) does not limit the effect that a provision or regulation would validly have apart from the subsection. 15A—Regulation‑making power for the purposes of the National Electricity (South Australia) Law The Governor may make such regulations as are contemplated by the National Electricity (South Australia) Law as being made under this Act as the application Act of this jurisdiction. 15B—Regulation‑making power for purposes of scheme and fund in relation to electricity capacity (1) The Governor may, by regulation, establish a scheme or a fund (or both) for the purposes of providing long duration dispatchable electricity capacity to ensure secure, reliable and affordable electricity supply for the State. (2) Without limiting the matters that may be the subject of regulations under this section, the regulations may make provisions— (a) establishing bodies and providing for the appointment of persons to perform functions in respect of the scheme; and (b) imposing duties and obligations on market participants (within the meaning of the National Electricity Rules), including to provide or procure capacity; and (c) enabling the Minister to issue directions and make declarations and guidelines in respect of the scheme; and (d) enabling the Minister to make rules (the rules) in respect of the scheme; and (e) enabling the Minister or another entity conferred with functions under the scheme to delegate their functions to another entity; and (f) creating offences for contravention of the scheme; and (g) providing for, or for the calculation of, penalties (whether civil or criminal) in connection with the scheme; and (h) imposing fees and charges on, and providing for the making of financial contributions by, market participants (within the meaning of the National Electricity Rules) in respect of the scheme, including for the purposes of recovering the costs of the scheme; and (i) requiring market participants (within the meaning of the National Electricity Rules) to make contributions to the fund (including in accordance with any scheme); and (j) specifying the purposes for which money in the fund may be expended (including for the purposes of any scheme); and (k) providing for dispute resolution, review and appeal mechanisms and the conferral of jurisdiction on a court, tribunal or other body to hear and determine proceedings for the purposes of such mechanisms; and (l) modifying the application of, or disapplying a provision of, the National Electricity (South Australia) Law or the National Electricity Rules to the extent reasonably necessary to enable the operation of the scheme or the fund (or both); and (m) imposing or varying conditions on licences issued under Part 3 Division 1 of the Electricity Act 1996, despite any provision of that Act. (3) The regulations and the rules may— (a) be of general or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply; and (c) make provisions of a saving or transitional nature consequent on the making of regulations or rules under this section; and (d) provide that a matter or thing in respect of which regulations or rules may be made is to be determined according to the discretion of the Minister or another entity; and (e) apply, incorporate, adopt or make reference to, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another entity. (4) If a code, standard or other document is referred to or incorporated in the regulations or the rules— (a) a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations or rules (as the case requires); and (b) evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.