143AER ring fencing determinations

143 AER ring fencing determinations

143 AER ring fencing determinations

(1) Subject to this Division and subject to and in accordance with the Rules, the AER may make a determination requiring a service provider or associate of a service provider named in the determination to do, or refrain from doing, a thing specified in the determination (an additional ring fencing requirement).

(2) In specifying an additional ring fencing requirement the AER must have regard to the following principles—

(a) in the case where 1 part of the business of a service provider (business unit A) is providing pipeline services to another part of the business of the service provider (business unit B), the service provider must ensure that business unit A provides the pipeline services to business unit B as if business unit B were a separate unrelated entity;

(b) in the case where a service provider is providing pipeline services to an associate of the service provider, the service provider must ensure that those services are provided as if the associate of the service provider were a separate unrelated entity;

(c) users and prospective users should have sufficient information in order to understand whether a service provider is complying with paragraph (a) or (b).

(3) The AER must—

(a) notify, in writing, the service provider or associate named in the AER ring fencing determination of the making of that determination; and

(b) give the service provider or associate a copy of the AER ring fencing determination.

(4) An AER ring fencing determination must specify the date on and after which the service provider or associate of a service provider must do, or refrain from doing, a thing specified in the determination (a notified compliance date).

(5) A notified compliance date must not be a date that is earlier than 10 business days after the date the service provider or associate of a service provider is given a copy of the AER ring fencing determination.

(6) A service provider or associate of a service provider must comply with every additional ring fencing requirement specified in an AER ring fencing determination on and after the notified compliance date.

s 143: Am 2022 No 21, sec 67.