Sch 1has effect.

Schedule 1 has effect. Division 2—Matters relating to participating jurisdictions 9—Participating jurisdictions (1) The following jurisdictions are participating jurisdictions for the purposes of this Law— (a) the State of South Australia; and (b) the Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia or by some other law). (2) If a law of a participating jurisdiction referred to in subsection (1)(b) ceases to be in force, the jurisdiction ceases to be a participating jurisdiction. 10—Ministers of participating jurisdictions The Ministers of the participating jurisdictions are— (a) the South Australian Minister; and (b) the Ministers of the Crown in right of the other participating jurisdictions administering the laws of those jurisdictions that apply this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia or by some other law). 11—Local area retailers (1) The regulations under the application Act of a participating jurisdiction must nominate a retailer as a local area retailer for that jurisdiction for the purposes of this Law. (2) One or more retailers may be nominated for a jurisdiction. (3) A nomination of a retailer may be made for any or all of the following: (a) the whole or a specified part of the geographical area of a jurisdiction; (b) specified premises or a specified class of premises; (c) specified customers or a specified class of customers. (4) A nomination of a retailer may relate to 1 or more of the following: (a) electricity; (b) natural gas and natural gas equivalents; (c) 1 or more types of prescribed covered gas. 12—Nominated distributors (1) The regulations under an application Act of a participating jurisdiction may nominate an entity (being an entity that is licensed or otherwise authorised under jurisdictional energy legislation of that jurisdiction) to provide customer connection services as a nominated distributor for the purposes of this Law. (2) A nomination of an entity may be made for any or all of the following: (a) the whole or a specified part of the geographical area of a jurisdiction; or (b) the whole or a specified part of a distribution system that is owned, controlled or operated by the entity. (3) A nomination of an entity has the effect of applying this Law and the Rules (in whole or in part as specified in the regulations and with any specified modifications) to the entity as if it were a distributor within the meaning of this Law, and references in this Law and the Rules to a distributor are accordingly taken to include references to the nominated distributor. Division 3—National energy retail objective and policy principles 13—National energy retail objective The objective of this Law is to promote efficient investment in, and efficient operation and use of, energy services for the long term interests of consumers of energy with respect to— (a) price, quality, safety, reliability and security of supply of energy; and (b) the achievement of targets set by a participating jurisdiction— (i) for reducing Australia's greenhouse gas emissions; or (ii) that are likely to contribute to reducing Australia's greenhouse gas emissions. The AEMC must publish targets in a targets statement: see section 224A. 13AA—National Regulations may prescribe matters for national energy retail objective Without limiting Part 11 of this Law, the National Regulations may make provision about a matter relating to the achievement of targets mentioned in section 13(b). 13A—Innovative trial principles The following principles (the innovative trial principles) must be taken into account in determining whether a trial project is genuinely innovative in connection with granting a trial waiver or making a trial Rule relating to a trial project: (a) whether the trial project is focused on developing new or materially improved customer connection services or customer retail services; (b) whether the trial project is likely to contribute to the achievement of the national energy retail objective; (c) whether the trial project is able to demonstrate a reasonable prospect of giving rise to materially improved services and outcomes for consumers of energy; (d) whether the trial project maintains adequate consumer protections, including whether the trial project may involve risks to consumers and (if so), how those risks might be mitigated; (e) whether the trial project is unable to proceed under the existing regulatory framework; (f) whether the trial project has moved beyond research and development stages but is not yet established, or of sufficient maturity, size or otherwise commercially ready, to attract investment; (g) whether the trial project may negatively impact on AEMO's operation of national energy systems and national energy markets or AEMO's facilitation of customer connection services and customer retail services and, if there are impacts, how those impacts can be mitigated; (h) whether the trial project may impact on competition in a competitive sector of a national energy market; (ha) whether the licences, authorisations and consents required for the trial project under jurisdictional gas legislation have been obtained or will be obtained; (i) any other principle prescribed by the National Regulations. 14—MCE statements of policy principles (1) Subject to this section, the MCE may issue a statement of policy principles in relation to any matters that are relevant to the performance and exercise by the AEMC of its functions and powers in— (a) making a Rule; or (b) conducting a review under section 232. (2) Before issuing a statement of policy principles, the MCE must be satisfied that the statement is consistent with the national energy retail objective. (3) As soon as practicable after issuing a statement of policy principles, the MCE must give a copy of the statement to the AEMC. (4) The AEMC must publish the statement in the South Australian Government Gazette and on its website as soon as practicable after it is given a copy of the statement. Division 4—Operation and effect of National Energy Retail Rules 15—Rules to have force of law The National Energy Retail Rules have the force of law in this jurisdiction.