238BSouth Australian Minister may make Rules on recommendation of MCE and Energy Security Board

238B South Australian Minister may make Rules on recommendation of MCE and Energy Security Board

238B South Australian Minister may make Rules on recommendation of MCE and Energy Security Board

(1) The South Australian Minister may make Rules recommended by the MCE in accordance with subsection (2) for any purpose that is necessary or consequential as a result of the making of a NER by the Minister under section 90F of the NEL or a NGR by the Minister under section 294G of the NGL.

(2) The MCE may only recommend the making of Rules under subsection (1) if—

(a) the Rules are for or with respect to any matter or thing referred to in Division 2; and

(b) the Energy Security Board has recommended to the MCE that it recommend the making of the Rules under subsection (1).

(3) The Energy Security Board may only make a recommendation for the purposes of subsection (2)(b) in relation to Rules if—

(a) the Rules are in connection with energy security and reliability of the national electricity market (within the meaning of the NEL) or long-term planning for the national electricity market; and

(b) the Energy Security Board is satisfied that the Rules are consistent with the national energy retail objective; and

(c) the Energy Security Board has undertaken consultation on the Rules in accordance with any requirements determined by the MCE.

(4) Rules in the nature of a derogation may be made under this section even though there may not have been a request for a derogation.

(5) Section 237(3) applies to Rules made under subsection (1) in the same way as that section applies to Rules made by the AEMC.

(6) As soon as practicable after making Rules under this section, the South Australian Minister must—

(a) publish notice of the making of the Rules in the South Australian Government Gazette; and

(b) make the Rules publicly available.

(7) The notice referred to in subsection (6)(a) must state—

(a) the date on which the Rules commence operation; or

(b) if different Rules will commence operation on different dates, those dates.