Part 14Evidentiary matters

Part 14—Evidentiary matters Division 1—Publication on websites 310—Definitions decision maker means the Minister of a participating jurisdiction, the AER or the AEMC; relevant decision or document means a decision (however described) or determination (however described) of a decision maker under this Law or the Rules; relevant notice means a notice under the Rules calling for or inviting submissions or comments in relation to a relevant decision or document. 311—Publication of decisions on websites (1) For the purposes of this Law, a relevant decision or document or relevant notice that is required by this Law or the Rules to be published on a website is to be taken to be published on the website if— (a) the relevant decision or document or relevant notice is made accessible in full on the website; or (b) notice of the making or publication of the relevant decision or document or relevant notice is made accessible on that website and the relevant decision or document or relevant notice is made accessible separately in full on that website or in any other identified location. (2) The date on which the relevant decision or document or relevant notice is published on the website is the date notified by the relevant decision maker on the website as the date of publication of the relevant decision or document or relevant notice (being not earlier than the date on which it was first made so accessible). Division 2—Evidentiary certificates 312—Definitions acting SES employee has the same meaning as in section 17AA of the Acts Interpretation Act 1901 of the Commonwealth; AEMC chief executive means the chief executive of the AEMC appointed under section 16 of the Australian Energy Market Commission Establishment Act 2004 of South Australia; AEMC Commissioner means a Commissioner within the meaning of the Australian Energy Market Commission Establishment Act 2004 of South Australia; AER member has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth; relevant notice has the same meaning as in section 310; SES employee has the same meaning as in section 17AA of the Acts Interpretation Act 1901 of the Commonwealth. 313—Evidentiary certificates—AER In any proceedings under this Law, a certificate signed or purported to be signed by an AER member, or an SES employee or acting SES employee assisting the AER as mentioned in section 44AAC of the Competition and Consumer Act 2010 of the Commonwealth, stating any of the following matters is evidence of the matter: (a) a stated document is one of the following things, made, given, served or issued under this Law or the Rules: (i) a decision (however described) or determination (however described); (ii) a retailer authorisation; (iii) a notice, notification, direction, order or requirement; (b) a stated document is a copy of a thing referred to in paragraph (a); (c) on a stated day, a person was or was not— (i) given a decision (however described), or determination (however described); (ii) the holder of a current retailer authorisation; (iii) an exempt seller; (iv) authorised as an authorised person within the meaning of the provisions applied by section 309); (v) served a notice under section 206; (d) on a stated day any of the following were published on the AER's website: (i) a decision (however described) or determination (however described); (ii) a relevant notice. 314—Evidentiary certificates—AEMC In any proceedings under this Law, a certificate signed or purported to be signed by an AEMC Commissioner or the AEMC chief executive, stating any of the following matters is evidence of the matter: (a) a stated document is a decision (however described), made, given, served or issued under this Law; (b) a stated document is a copy of a thing referred to in paragraph (a); (c) on a stated day, a person was or was not given a decision (however described); (d) on a stated day a notice was published on the AEMC's website. Division 3—Time of commencement of a Rule 315—Time of commencement of a Rule If a notice published in the South Australian Government Gazette under section 238 or 262 provides that a Rule commences on a particular day, the Rule commences at the beginning of that day.