Div 4Miscellaneous

Division 4—Miscellaneous 26—Application of Essential Services Commission Act 2002 A retailer will be taken to be a regulated entity operating in a regulated industry for the purposes of the Essential Services Commission Act 2002. 27—Delegation by Minister (1) The Minister may delegate a function or power conferred on the Minister under this Act or the National Energy Retail Law (South Australia)— (a) to a particular person or body; or (b) to the person for the time being occupying a particular office or position. (2) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation— (a) may be made subject to conditions or limitations specified in the instrument of delegation; and (b) does not derogate from the power of the Minister to act in a matter; and (c) is revocable at will by the Minister. (4) In any legal proceedings an apparently genuine certificate, purportedly given by the Minister, containing particulars of a delegation under this will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars. 28—Extension of AER functions and powers (1) The following provisions of the National Energy Retail Law (South Australia) apply as if a reference in any such provision to the Law included a reference to this Part, and Parts 6 and 7, of this Act: (a) Parts 8, 12, 13, 14 and 15; and (b) any other provision prescribed by the regulations for the purposes of this subsection. (2) Subsection (1) does not apply— (a) to or in relation to section 20 of this Act; or (b) so as to require the AER to administer any procedures prescribed under section 41(2) of this Act; or (c) to or in relation to any other provision prescribed by the regulations for the purposes of this subsection. (3) The Governor may, by regulation, modify any provision that applies under subsection (1) insofar as it applies to a Part of this Act referred to in that subsection. (4) Without limiting subsection (1) or Division 2 of Part 8 of the National Energy Retail Law (South Australia), the AER may require information or a document to be provided or produced by a person under that Division that relates to a matter that arose before the commencement of that Law. Subsection (2)(a) had not come into operation at the date of the publication of this version. 29—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Part. (2) Without limiting subsection (1), the regulations may— (a) require a retailer to comply with any prescribed codes or rules relating to the electricity supply industry or the gas supply industry made by the Commission under the Essential Services Commission Act 2002; and (b) prescribe obligations and other requirements that a retailer must comply with in relation to the provision of services, including with respect to the connection, de‑energisation or re‑energisation of premises. (3) The regulations may— (a) be of general application or limited in application according to the persons, areas, times or circumstances to which it is expressed to apply; (b) provide that a matter or thing in respect of which regulations may be made is to be determined, regulated or prohibited according to the discretion of the Minister or the Commission. (4) In addition, the Governor may, by regulation— (a) amend or vary the operation of the National Energy Retail Regulations (South Australia); or (b) amend or vary the operation of the National Energy Retail Rules, insofar as they apply as part of the law of South Australia. 30—Review (1) The Commission must conduct a review of the operation of the National Energy Retail Law in South Australia after the expiry of 2 years from the date fixed under section 4. (2) The review must focus on the impact of the National Energy Retail Law on consumers of energy and whether the implementation of the Law has— (a) resulted in increased efficiencies; or (b) adversely affected customer protection in pursuit of national consistency, and may address such other matters as the Commission thinks fit. (3) The Commission must prepare a report on the outcome of the review and provide a copy of the report to the Minister. (4) The Minister must, within 6 sitting days after receiving a report under subsection (3), have copies of the report laid before both Houses of Parliament. (5) The Commission must, between the date fixed under section 4 and the completion of the review under this section, publish, on a quarterly basis, statistics about the de‑energisation of premises due to inability to pay energy bills during each quarter, unless the Commission is satisfied that the AER publishes comparable statistics on a quarterly basis.