91BRQCompliance with Capacity Transfer and Auction Procedures

91BRQ Compliance with Capacity Transfer and Auction Procedures

91BRQ Compliance with Capacity Transfer and Auction Procedures

(1) AEMO and each person to whom the Capacity Transfer and Auction Procedures are applicable must comply with those Procedures.

(2) If AEMO has reasonable grounds to suspect a breach of the Capacity Transfer and Auction Procedures, it must, after making such inquiries and investigation as it considers appropriate, make a decision as to whether the breach is a material breach.

(3) If AEMO decides the breach is material, AEMO—

(a) must publish the decision and the reasons for it on its website; and

(b) may direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and

(c) may refer the breach to the AER.

(4) A direction by AEMO under subsection (3)(b) must—

(a) specify the breach; and

(b) specify the date by which the direction is to be complied with; and

(c) be addressed to, and given to, the person suspected of the breach.

(5) A person to whom a direction is given under subsection (3)(b) must comply with the direction.

(6) AEMO must give a copy of its decision under subsection (2), its reasons for the decision and (if relevant) any direction under subsection (3)(b) to the AER.

(7) If AEMO decides the breach is not material, AEMO must give a copy of the decision and the reasons for it to the AER.

Note—

AEMO may provide the AER with relevant information (including protected information) related to a suspected breach of the Procedures. (For disclosure of protected information, see section 91GC(2)(b) and 91GG(1)(b).)

ch 2, pt 6, divs 2C–2E (ss 91BRM–91BRT): Ins 2018 No 23, sec 11.