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National Electricity (South Australia) Act 1996
Part 8ASmart metering services
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Part 8A—Smart metering services
Division 1—Interpretation
118A—Definitions
smart meter assessment means an assessment of the costs and benefits, or operational performance, or both, of different smart metering infrastructure and other related technologies, including devices designed to enable direct load control;
smart metering infrastructure means infrastructure (and associated systems) associated with the installation and operation of remotely read electricity metering and communications, including interval meters designed to transmit data to, and receive data from, a remote locality;
smart meter trials means trials of smart metering infrastructure and other related technologies, including devices designed to enable direct load control.
Division 2—Ministerial pilot metering determinations
118B—Ministerial pilot metering determinations
(1) A Minister of a participating jurisdiction may make a determination that requires a regulated distribution system operator that earns most of its revenue from the provision of electricity network services provided by means of a distribution system situated partly or wholly in that participating jurisdiction to conduct smart meter trials or undertake a smart meter assessment (or both).
(2) In making a Ministerial pilot metering determination, the Minister must have regard to—
(a) the national electricity objective; and
(b) any comments or submissions made to the Minister as part of the consultation conducted under section 118C.
(3) A Ministerial pilot metering determination must specify the regulated distribution system operator, or the class of regulated distribution system operator to which the determination applies (the relevant operator or relevant operators).
(4) Without limiting subsection (1), a Ministerial pilot metering determination may—
(a) specify minimum standards of performance and service that must be met or investigated by the relevant operator or relevant operators in conducting smart meter trials;
(b) specify the nature and timing of the smart meter trials;
(c) in relation to information derived from a smart meter trial or a smart meter assessment, require the relevant operator or relevant operators to—
(i) subject to any conditions specified in the determination, provide that information to a person specified in the determination; or
(ii) make such information publicly available.
(5) A requirement of the kind referred to in subsection (4)(c) may require information that relates to a person—
(a) be provided to another person; or
(b) be made publicly available.
(6) However, a requirement referred to in subsection (4)(c) must not require the relevant operator to make the information publicly available in a manner that identifies the person to whom the information relates unless the relevant operator has the written consent of the person to do so.
(7) Subsection (6) does not apply to information that is in the public domain.
118C—Consultation with interested persons required before making Ministerial pilot metering determination
Before making a Ministerial pilot metering determination, the Minister must consult with a person or body that the Minister considers has an interest in the determination.
Division 4—Provisions applicable to Ministerial smart metering determinations
118F—Compliance with Ministerial smart metering determinations
(1) A regulated distribution system operator must comply with a Ministerial smart metering determination that applies to the operator.
(2) A regulated distribution system operator incurs, by complying with a Ministerial pilot metering determination, no liability for breach of contract, breach of confidence or any other civil wrong.
118G—Minister of participating jurisdiction must consult with other participating jurisdiction Ministers
A Minister of a participating jurisdiction must consult with the Ministers of the other participating jurisdictions before making a Ministerial smart metering determination.
118H—Content of Ministerial smart metering determinations
A Ministerial smart metering determination—
(a) may be of general or limited application;
(b) may differ according to differences in time, place and circumstances.
118I—Publication and giving of Ministerial smart metering determinations
As soon as practicable after a Ministerial smart metering determination is made the determination—
(a) must be published in the South Australian Government Gazette; and
(b) must be given to—
(i) every regulated distribution system operator to which it applies; and
(ii) the AER; and
(iii) the AEMC.
118J—When Ministerial smart metering determinations take effect
A Ministerial smart metering determination has effect on and after the day specified in the determination for the period specified in the determination.
118K—AEMC must publish Ministerial smart metering determination it receives on its website
The AEMC must publish a Ministerial smart metering determination on its website as soon as practicable after receiving it.