Part 9Functions and powers of the Australian Energy Market Commission

Part 9—Functions and powers of the Australian Energy Market Commission 221—Functions and powers of the AEMC (1) The AEMC has the following functions and powers: (a) the Rule making functions and powers conferred on it under this Law and the National Regulations; and (b) the market development functions conferred on it under this Law and the Rules; and (c) any other functions and powers conferred on it under this Law and the Rules. (2) The AEMC has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. 222—Delegations Any delegation by the AEMC under section 20 of the Australian Energy Market Commission Establishment Act 2004 of South Australia extends to, and has effect for the purposes of, this Law, the National Regulations and the Rules. 223—Confidentiality Section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia has effect for the purposes of this Law, the National Regulations and the Rules as if it formed part of this Law. See also sections 234 and 268 of this Law. 224—AEMC must have regard to national energy retail objective In performing or exercising any function or power under this Law, the National Regulations or the Rules, the AEMC must have regard to the national energy retail objective. 224A—Targets statement for greenhouse gas emissions targets (1) The AEMC must prepare and maintain a document (the targets statement) stating the targets set by a participating jurisdiction mentioned in section 13(b). (2) If the MCE or a Minister of a participating jurisdiction gives a written direction to the AEMC to include a target in, or remove a target from, the targets statement, the AEMC must comply with the direction. (3) A Minister may give a written direction under subsection (2) only in relation to a target set by the Minister's participating jurisdiction. (4) The AEMC must publish on its website— (a) the targets statement; and (b) each direction given under subsection (2). (5) In having regard to the national energy retail objective under this Law, the National Regulations or the Rules with respect to the matters mentioned in section 13(b), a person or body must consider, as a minimum, the targets stated in the targets statement. 225—AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews The AEMC must have regard to any relevant MCE statement of policy principles— (a) in making a Rule; or (b) in conducting a review under section 232. Division 2—Rule making functions and powers of the AEMC 226—Rule making powers The rule making functions and powers of the AEMC are set out in Part 10. Division 3—Committees, panels and working groups of the AEMC 227—Establishment of committees and panels and working groups The AEMC may establish committees, panels and working groups to— (a) provide advice on specified aspects of the AEMC's functions; or (b) undertake any other activity in relation to the AEMC's functions as is specified by the AEMC. Division 4—MCE directed reviews 228—MCE directions (1) The MCE may give a written direction to the AEMC that the AEMC conduct a review into— (a) any matter relating to the sale and supply of energy to customers; or (b) the operation and effectiveness of the Rules; or (c) any matter relating to the National Regulations or the Rules; or (d) the effectiveness of competition in a market for energy for the purpose of giving advice about whether to retain, remove or reintroduce price controls on prices for customer retail services. (2) A direction given to the AEMC under this section is binding on the AEMC and must be complied with despite anything to the contrary in the Rules. (3) A direction given under this section must be published in the South Australian Government Gazette. (4) The AEMC must cause a direction given under this section to be published on its website. 229—Terms of reference (1) The terms of reference of a MCE directed review will be as specified in the direction given by the MCE. Example— The terms of reference may require a MCE directed review to be conducted— (a) about a specific matter within a specified time; or (b) whenever a specified event occurs; or (c) on an annual basis. (2) Without limiting subsection (1), the MCE may in its direction to the AEMC do one or more of the following: (a) require the AEMC to give a report on a MCE directed review to the MCE within a specified period; (b) require the AEMC to make the report on a MCE directed review publicly available or available to specified persons or bodies; (c) require the AEMC to make a draft report publicly available or available to specified persons or bodies during a MCE directed review; (d) require the AEMC to consider specified matters in the conduct of a MCE directed review; (e) require the AEMC to have specified objectives in the conduct of a MCE directed review which need not be limited by the national energy retail objective; (f) give the AEMC other specific directions in respect of the conduct of a MCE directed review. 230—Notice of MCE directed review (1) The AEMC must publish notice of a MCE directed review on its website. (2) The AEMC must publish a further such notice if a term of reference or a requirement or direction relating to the MCE directed review is varied. 231—Conduct of MCE directed review Subject to any requirement or direction of the MCE, a MCE directed review— (a) may be conducted in such manner as the AEMC considers appropriate; and (b) may (but need not) involve public hearings. Division 5—Other reviews 232—Reviews by AEMC (1) The AEMC may conduct a review into— (a) the operation and effectiveness of the Rules; or (b) any matter relating to the Rules. (2) A review— (a) may be conducted in such manner as the AEMC considers appropriate; and (b) may (but need not) involve public hearings. (3) During the course of a review, the AEMC may— (a) consult with any person or body that it considers appropriate; (b) establish working groups to assist it in relation to any aspect, or any matter or thing that is the subject, of the review; (c) commission reports by other persons on its behalf on any aspect, or matter or thing that is the subject, of the review; (d) publish discussion papers or draft reports. (4) At the completion of a review, the AEMC must— (a) give a copy of the report to the MCE; and (b) publish a report or a version of a report from which confidential information has been omitted in accordance with section 234. 233—Fees The AEMC may charge a fee specified, or a fee calculated in accordance with a formula or methodology specified, in the National Regulations for services provided by it in performing or exercising any of its functions or powers under this Law, the National Regulations or the Rules. 234—Confidentiality of information (1) Information provided to the AEMC for the purposes of a MCE directed review or a review conducted by the AEMC under section 232 is confidential information for the purposes of Division 4 or 5 if— (a) the person who provides it claims, when providing it to the AEMC, that it is confidential information; and (b) the AEMC decides that the information is confidential information. (2) Nothing prevents the disclosure of confidential information in a report to the MCE or a Minister of a participating jurisdiction under Division 4 or 5, but the AEMC must ensure that the information is identified as such in the report. (3) If the AEMC decides that information provided to it for the purposes of a MCE directed review, or a review conducted by the AEMC under section 232, is confidential information, the AEMC, the MCE or a Minister of a participating jurisdiction may only make public a version of the report from which the information has been omitted. (4) If information is omitted from a published version of a report as being confidential information, a note to that effect must be included in the report at the place in the report from which the information is omitted. See section 223 and 268 of this Law and section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.