National Gas (NSW) Law
27Functions and powers of the AER
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27 Functions and powers of the AER
27 Functions and powers of the AER
(1) The AER has the following functions and powers—
(a) to monitor compliance by persons (including AEMO) with this Law, the Regulations and the Rules, including compliance with an applicable access arrangement, an access determination and a ring fencing decision; and
(b) to investigate breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and
(ba) without limiting paragraphs (a) and (b), in relation to a person undertaking a trial project under a trial Rule or trial waiver, to monitor the conduct and outcomes of the trial project and investigate breaches or possible breaches by the person of—
(i) this Law, the Regulations and the Rules; and
(ii) in particular—
(A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 314B; and
(B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and
(c) to institute and conduct proceedings in relation to breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and
(d) to institute and conduct appeals from decisions in proceedings referred to in paragraph (c); and
(daa) to make—
(i) scheme pipeline determinations; and
(ii) scheme pipeline revocation determinations; and
(iii) greenfields incentive determinations; and
(iv) greenfields price protection determinations; and
(dab) to monitor service providers’ behaviour in relation to particular matters, including, for example, the prices charged by service providers for pipeline services; and
(da) to make a rate of return instrument; and
(e) AER economic regulatory functions or powers; and