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National Electricity (South Australia) Act 1996
Part 6BCommencement of this Law and Statutory instruments
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Part 6B—Commencement of this Law and Statutory instruments
31AH Time of commencement of this Law or a provision of this Law
31AI Time of commencement of a Rule
Part 7—Effect of repeal, amendment or expiration
31 Time of Law, the Regulations or Rules ceasing to have effect
32 Repealed Law, Regulation or Rule provisions not revived
33 Saving of operation of repealed Law, Regulation or Rule provisions
34 Continuance of repealed provisions
35 Law and amending Acts to be read as one
Part 8—Offences under this Law
36 Penalty at end of provision
37 Penalty other than at end of provision
37A Indexation of civil penalty amounts
37B Indexation of criminal penalties
38 Indictable offences and summary offences
39 Double jeopardy
40 Aiding and abetting, attempts etc
Part 9—Instruments under this Law
41 Schedule applies to statutory instruments
41A Rate of return instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law
41B Reliability instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law
42 National Electricity Rules to be construed so as not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law
43 Invalid Rules
43A Invalid rate of return instrument
Schedule 3—Savings and transitionals
Part 1—General
1 Definitions
Part 2—General savings provision
2 Saving of operation of old National Electricity Law
Part 3—National Electricity Code changes
3 Current Code change and derogation proposals to be dealt with under this Law
4 Current jurisdictional derogation proposals to be made under this Law
4A Transitional arrangements relating to additional Minister initiated Rules
Part 4—Registration
5 Code participants deemed to be Registered participants
6 Exemptions
Part 5—References to the National Electricity Code and specific provisions or terms
7 References to the National Electricity Code
8 References to provisions of the National Electricity Code
9 References to Code participants
Part 6—Investigations and proceedings
10 Investigations into breaches and possible breaches of the Code
10A AER may conduct investigations into breaches or possible breaches of NEL not investigated by NECA
10B AER may bring proceedings in relation to breaches of National Electricity Code in the Court
Part 7—Funds
11 Civil penalties fund
Part 8—Other
12 Continuation of Reliability Panel
13 Jurisdictional system security coordinator
14 Rights under certain change of law provisions in agreements or deeds not to be triggered
15 Certain undertakings to cease effect on commencement day
Part 9—Tasmanian participation in the national electricity market
16 Jurisdictional derogations relating to Tasmania's entry into national electricity market
17 Definition of national electricity system to permit Tasmania to participate in national electricity market before commissioning of Basslink
18 Operation and effect of Rule 6A.21.2 of the National Electricity Rules
Part 10—Transitional provisions related to AEMO amendments
19 Definitions
20 Interaction between this Part and jurisdictional transitional arrangements
21 Recovery of costs of transition
22 Transitional special project expenditure
23 Interpretation of obsolete references
Part 11—Application of National Energy Retail Law amendments
24 Application of National Energy Retail Law amendments
Part 12—Transitional provision related to ECA amendments
25 Transitional provision—AEMO's consumer advocacy funding obligation
Part 13—Information publication
26 Information publication
Part 14—Transitional provision related to AER wholesale market reporting functions
27 Transitional provision related to AER wholesale market reporting functions
Part 15—Transitional provision related to AEMC rule making powers
28 AEMC rule making powers
Part 16—Transitional provisions for rate of return instrument
29 Definitions
30 Making first rate of return instrument if review not completed before commencement
31 Making first rate of return instrument if review completed before commencement
32 Application of this Law to particular decisions
Part 17—Savings and transitional provisions related to Ministerial Council on Energy amendments
33 Definitions
34 References to Ministerial Council on Energy
35 Rights under certain change of law provisions in agreements or deeds not to be triggered
36 Rights under contracts etc
37 Saving of decisions etc
Part 18—Transitional provisions related to national electricity objective amendments
38 Definitions
39 When amended objective takes effect for particular matters
40 Application of national electricity objective to particular matters in progress on start day
41 Administrative guidance about decisions under clause 40(3)
42 Administrative guidance about value of greenhouse gas emissions
43 Validation of things done in relation to Rules before commencement
Legislative history
The Parliament of South Australia enacts as follows:
1—Short title
This Act may be cited as the National Electricity (South Australia) Act 1996.
3—Interpretation
(1) In this Act—
National Electricity (South Australia) Law means the provisions applying because of section 6 of this Act;
National Electricity (South Australia) Regulations means the provisions applying because of section 7 of this Act.
(2) Words and expressions used in the National Electricity (South Australia) Law and in this Act have the same respective meanings in this Act as they have in that Law.
(3) Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.
4—Crown to be bound
This Act, the National Electricity (South Australia) Law and the National Electricity (South Australia) Regulations bind the Crown, not only in right of South Australia but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
5—Extra-territorial operation
It is the intention of the Parliament that the operation of this Act, the National Electricity (South Australia) Law and the National Electricity (South Australia) Regulations should, so far as possible, include operation in relation to the following:
(a) land situated outside South Australia, whether in or outside Australia;
(b) things situated outside South Australia, whether in or outside Australia;
(c) acts, transactions and matters done, entered into or occurring outside South Australia, whether in or outside Australia;
(d) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.