15Modification of application of National Electricity Law and National Electricity Rules by Order

15 Modification of application of National Electricity Law and National Electricity Rules by Order (1) The Minister, by Order published in the Government Gazette, may declare that, despite section 6— (a) a provision of the NEL that relates to the economic regulation of the provision of distribution services— (i) does not apply as a law of Victoria until a date specified in the Order (being a date that is not after the Victorian distribution pricing determination end date); (ii) ceases to apply as a law of Victoria for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date); (iii) applies as a law of Victoria with any modifications that are specified in the Order for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date); (b) a provision of the National Electricity Rules that relates to the economic regulation of the provision of distribution services— (i) does not have the force of law in Victoria until a date specified in the Order (being a date that is not after the Victorian distribution pricing determination end date); (ii) ceases to have the force of law in Victoria for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date); (iii) has the force of law in Victoria with any modifications that are specified in the Order for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date). (2) Despite section 6— (a) the NEL applies as a law of Victoria subject to any Order under subsection (1) that is in force; (b) the National Electricity Rules have the force of law in Victoria subject to any Order under subsection (1) that is in force. New s. 16 inserted by No. 66/2007 s. 4. 16 Role of National Electricity Law and Rules in relation to distribution determinations and Victorian distribution pricing determinations (1) To avoid doubt, nothing in this Part is to be taken as preventing the making of a distribution determination under— (a) the NEL as it applies as a law of Victoria under this Act; and (b) the National Electricity Rules as they have the force of law in Victoria under this Act— that takes effect after the Victorian distribution pricing determination end date. (2) To avoid doubt, nothing in this Part is to be taken as preventing the AER (before, on or after the Victorian distribution pricing determination end date) performing a function or duty, or exercising a power, for the purposes of making a distribution determination under— (a) the NEL as it applies as a law of Victoria under this Act; and (b) the National Electricity Rules as they have the force of law in Victoria under this Act— that takes effect after the Victorian distribution pricing determination end date. (3) Despite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules, the provisions of that Law and those Rules that relate to the economic regulation of the provision of distribution services do not apply to a Victorian distribution pricing determination. (a) the AER cannot perform any function or duty, or exercise any power, under a provision of the National Electricity (Victoria) Law or the National Electricity Rules that relates to the economic regulation of the provision of distribution services under a Victorian distribution pricing determination; and (b) a Victorian distribution pricing determination is not a distribution determination for the purposes of the National Electricity (Victoria) Law or the National Electricity Rules. ***distribution services*** has the same meaning as in Chapter 10 of the National Electricity Rules. Pt 3 Div. 2A (Heading) inserted by No. 11/2013 s. 11. Division 2A—Feed-in tariff modifications S. 16A inserted by No. 41/2009 s. 15. 16A Solar feed-in credit obligation is a regulatory obligation or requirement (1) During the relevant solar feed-in tariff period for a regulated distribution system operator that is a distribution company— (a) Division 5A of Part 2 of the **Electricity Industry Act 2000** is deemed to be an Act of this jurisdiction that relates to the protection of the environment referred to in section 2D(1)(b)(iv) of the National Electricity (Victoria) Law; and (b) the solar feed-in credit obligation is deemed to be an obligation under the **Electricity Industry Act 2000**. ***distribution company*** has the same meaning as the **Electricity Industry Act 2000**; S. 16A(2) def. of *distribution obligation period* amended as *distributor obligation period* by No. 64/2011 s. 23(a). ***distributor obligation period*** has the same meaning as in section 40F(1) of the **Electricity Industry Act 2000**; S. 16A(2) def. of *distributor TFiT obligation period* inserted by No. 64/2011 s. 23(d). ***distributor TFiT obligation period*** has the same meaning as in section 40F(1) of the **Electricity Industry Act 2000**; S. 16A(2) def. of *relevant solar feed-in tariff period* amended by No. 64/2011 s. 23(b). ***relevant solar feed-in tariff period***, for a regulated distribution system operator that is a distribution company, means the period— (a) commencing on the day after the Victorian distribution pricing determination end date; and (b) ending on— (i) in the case of the solar feed-in credit obligation, the day the distributor obligation period that applies to that operator ends; (ii) in the case of the TFiT feed-in credit obligation, the day the TFiT distributor obligation period that applies to that operator ends; S. 16A(2) def. of *solar feed-in credit obligation* amended by No. 64/2011 s. 23(c). ***solar feed-in credit obligation*** means an obligation on a regulated distribution system operator that is a distribution company arising because of section 40FH(2) of the **Electricity Industry Act 2000**; S. 16A(2) def. of *TFiT feed-in credit obligation* inserted by No. 64/2011 s. 23(d). ***TFiT feed-in credit obligation*** means an obligation on a regulated distribution system operator that is a distribution company arising because of section 40FH(2A) of the **Electricity Industry Act 2000**. S. 16AB inserted by No. 64/2011 s. 24. 16AB Modification of National Electricity Rules for the purpose of transitional feed-in tariff scheme Despite section 6, the National Electricity Rules have the force of law in Victoria as if after rule 6.18.7A(e)(1)(iv) of the Rules there were inserted— "(v) Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011 (Vic);". Pt 3 Div. 2B (Heading) inserted by No. 11/2013 s. 12. Division 2B—Metering S. 16B inserted by No. 55/2010 s. 38. 16B Disapplication of national smart meter rollout provisions Despite section 6— (a) Part 8A of the NEL does not apply as a law of Victoria; and (b) any Rule made for the purposes of that Part does not have the force of law in Victoria. S. 16BA inserted by No. 11/2013 s. 13. 16BA Modification of National Electricity Rules to be consistent with advanced metering infrastructure Orders (1) The Minister, by Order published in the Government Gazette, may declare that— (a) a provision of Chapter 7 of the National Electricity Rules— (i) does not have the force of law in Victoria; (ii) has the force of law in Victoria subject to modifications, if any, specified in the Order; (b) Rule 6.18 of the National Electricity Rules has the force of law in Victoria subject to the modifications specified in the Order. (2) The Minister may make an Order under subsection (1)(a) or (b) for the purpose of any matter necessary or consequential on the making of an Order under Division 6A of Part 2 of the **Electricity Industry Act 2000**. (3) Despite section 6, the National Electricity Rules have the force of law in Victoria subject to any Order under subsection (1) that is in force. Pt 3 Div. 3 (Heading and ss 16C–16G) inserted by No. 55/2010 s. 42. Division 3—The f-factor scheme S. 16C inserted by No. 55/2010 s. 42.