sec.27Functions and powers of the AER

sec.27 Functions and powers of the AER

The AER has the following functions and powers: 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 to investigate breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and 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— this Law, the Regulations and the Rules; and in particular— 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 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 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 to institute and conduct appeals from decisions in proceedings referred to in paragraph (c) ; and to make— scheme pipeline determinations; and scheme pipeline revocation determinations; and greenfields incentive determinations; and greenfields price protection determinations; and to monitor service providers’ behaviour in relation to particular matters, including, for example, the prices charged by service providers for pipeline services; and to make a rate of return instrument; and AER economic regulatory functions or powers; and to make and amend the Operational Transportation Service Code in accordance with this Law and the Rules; and the AER trial waiver functions; and to prepare and publish reports on the financial and operational performance of service providers in providing pipeline services by means of scheme pipelines; and in relation to goods or services in the covered gas industry— to prepare and publish, in accordance with the Rules, aggregated and anonymised information or data about prices for those goods or services; and other monitoring, analysing or reporting functions that relate to prices for those goods or services conferred on the AER by this Law or the Rules; and for the purposes of subparagraph (i) or (ii) —to collect and analyse information or data about prices from sources determined by the AER or specified in the Rules; and to approve compliance programs of service providers relating to compliance by service providers with this Law or the Rules; and AER wholesale market monitoring functions and AER wholesale market reporting functions; and any other functions and powers conferred on it under this Law or the Rules. The AER has the following functions and powers in relation to the Procedures: to investigate breaches or possible breaches of the Procedures referred to the AER by AEMO; and to institute and conduct proceedings in relation to breaches of the Procedures referred to the AER by AEMO; and to institute and conduct appeals from decisions in proceedings referred to in paragraph (b) ; and to approve, in consultation with AEMO, compliance programs relating to compliance by Registered participants with the Procedures. The AER has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions. s 27 amd 2009 No. 30 (SA) s 11 ; 2018 No. 23 (SA) s 7 ; 2018 No. 33 (SA) s 14 ; 2022 No. 3 (SA) s 6 ; 2022 No. 22 (SA) s 34 ; 2022 No. 21 (SA) s 28 ; 2023 No. 36 (SA) s 15 ; 2024 No. 12 (SA) s 14 (sec.27-ssec.1) The AER has the following functions and powers: 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 to investigate breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and 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— this Law, the Regulations and the Rules; and in particular— 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 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 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 to institute and conduct appeals from decisions in proceedings referred to in paragraph (c) ; and to make— scheme pipeline determinations; and scheme pipeline revocation determinations; and greenfields incentive determinations; and greenfields price protection determinations; and to monitor service providers’ behaviour in relation to particular matters, including, for example, the prices charged by service providers for pipeline services; and to make a rate of return instrument; and AER economic regulatory functions or powers; and to make and amend the Operational Transportation Service Code in accordance with this Law and the Rules; and the AER trial waiver functions; and to prepare and publish reports on the financial and operational performance of service providers in providing pipeline services by means of scheme pipelines; and in relation to goods or services in the covered gas industry— to prepare and publish, in accordance with the Rules, aggregated and anonymised information or data about prices for those goods or services; and other monitoring, analysing or reporting functions that relate to prices for those goods or services conferred on the AER by this Law or the Rules; and for the purposes of subparagraph (i) or (ii) —to collect and analyse information or data about prices from sources determined by the AER or specified in the Rules; and to approve compliance programs of service providers relating to compliance by service providers with this Law or the Rules; and AER wholesale market monitoring functions and AER wholesale market reporting functions; and any other functions and powers conferred on it under this Law or the Rules. (sec.27-ssec.1a) The AER has the following functions and powers in relation to the Procedures: to investigate breaches or possible breaches of the Procedures referred to the AER by AEMO; and to institute and conduct proceedings in relation to breaches of the Procedures referred to the AER by AEMO; and to institute and conduct appeals from decisions in proceedings referred to in paragraph (b) ; and to approve, in consultation with AEMO, compliance programs relating to compliance by Registered participants with the Procedures. (sec.27-ssec.2) The AER has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.