Div 6Information gathering

Division 6—Information gathering Subdivision 1—Market information orders and market information notices 91F—Information gathering powers (1) If AEMO considers it reasonably necessary to do so for the exercise of a relevant function, it may— (a) make a general market information order requiring information from persons of a class specified in the order; or (b) serve a market information notice requiring information from the person to whom the notice is addressed. (2) A relevant function is— (a) the preparation, review, revision or publication of the gas statement of opportunities; or (ba) an east coast gas system reliability and supply adequacy function; or (b) a declared system function; or (c) any other statutory function for which this Law authorises AEMO to gather information by means of a market information instrument. (3) A general market information order or a market information notice may only be addressed to persons of a class declared by the Regulations to be a class to which such an order or notice may be addressed. (4) In considering whether to make a general market information order or to issue a market information notice and, if so, the terms of the order or notice, AEMO must have regard to the reasonable costs of efficient compliance. (4a) Subsections (3) and (4) do not apply to an order or notice relating to an east coast gas system reliability and supply adequacy function. (4b) The Rules may specify a person, or class of persons, to whom an order or notice relating to an east coast gas system reliability and supply adequacy function may be issued. (5) A market information instrument— (a) must specify— (i) the information, or categories of information, that is to be provided to AEMO; and (ii) the time by which the information is required; and (iii) in the case of a general market information order—the class of persons to which the order applies; and (iv) in the case of a market information notice—the name of the person to whom the notice is addressed; and (b) may specify the manner and form in which information must be provided. (6) Without limiting subsection (5), a market information instrument— (a) may require information of any of the following kinds: (i) historic, current and forecast information; (ii) information that may be derived from other information in the possession or control of the person required to provide the information; and (b) may require the provision of information on an annual or other periodic basis. 91FA—Making and publication of general market information order (1) Before making a final decision to make a general market information order, AEMO must— (a) invite persons of the class to which the proposed order is addressed to make representations about the terms of the proposed order within a period (at least 20 business days) specified in the invitation; and (b) consider any written representations made in response to the invitation within the specified period. (2) A general market information order must be published on AEMO's website as soon as practicable after it is made. (3) Subsection (1) does not apply to an order relating to an east coast gas system reliability and supply adequacy function. (4) AEMO must, before making an order relating to an east coast gas system reliability and supply adequacy function— (a) consider the extent to which persons of the class to which the proposed order is addressed may make representations about the terms of the proposed order; and (b) invite those persons to make representations to the extent AEMO considers possible in the circumstances. 91FB—Service of market information notice (1) Before serving a market information notice, AEMO must— (a) give the person on whom AEMO intends to serve the market information notice (the respondent) written notice of its intention to do so; and (b) give the respondent a draft of the market information notice. (2) A notice under subsection (1) must— (a) invite the respondent to make written representations to AEMO about whether AEMO should serve the market information notice; and (b) specify the period (at least 20 business days) allowed for making the representations. (3) AEMO must consider written representations made in response to the invitation within the specified period before making a final decision to serve the market information notice. (4) This section does not apply to a notice relating to an east coast gas system reliability and supply adequacy function. 91FC—Compliance with market information instrument (1) A market information instrument takes effect— (a) in the case of a general market information order—on publication on AEMO's website; or (b) in the case of a market information notice—on service of the notice on the person to whom it is addressed. (2) AEMO may, by written notice, exempt a person from compliance with a general market information order— (a) unconditionally or on specified conditions; and (b) wholly or to a specified extent. (3) Subject to any exemption, a person who is a member of a class to which a general market information order applies must comply with the order. (4) A person on whom a market information notice is served must comply with the notice. (5) The duty to comply with a market information instrument prevails over a duty of confidence. (6) However— (a) a person cannot be required by a market information instrument to disclose information that is the subject of legal professional privilege; and (b) a natural person cannot be required by a market information instrument to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction). (7) A person incurs no liability, by complying with a market information instrument, for breach of contract, breach of confidence or any other civil wrong. 91FD—Use of information Subject to anything to the contrary in this Law, AEMO may use information obtained by a market information instrument or in any other way for any purpose connected with the performance of any of its statutory functions. 91FE—Providing false or misleading information A person must not, in purported compliance with a market information instrument, provide information to AEMO that the person knows is false or misleading in a material particular. See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website. Subdivision 2—STTM information 91FEA—Obligation to give information to AEMO (1) A person of the following kind who has possession or control of information that relates to and is necessary for the operation and administration of a short term trading market by AEMO must give AEMO the information for use by AEMO for the operation and administration of that short term trading market if the person is required to do so under the Procedures or Rules: (a) an STTM trading participant; (b) a service provider; (c) a storage provider; (e) another person who is prescribed by the Regulations for the purposes of this paragraph. (2) The information must be given to AEMO in accordance with the Procedures or Rules. (4) However, subsection (1) does not require— (b) a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction). 91FEB—Person cannot rely on duty of confidence to avoid compliance with obligation A person must not refuse to comply with the requirement in section 91FEA(1) on the ground of any duty of confidence. 91FEC—Giving to AEMO false and misleading information A person must not give STTM information to AEMO that the person knows is false or misleading in a material particular. See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website. 91FED—Immunity of persons giving information to AEMO (1) A person who gives STTM information to AEMO does not incur any civil monetary liability for an act or omission in preparing or giving that information unless the act or omission is done or made in bad faith or through negligence. (2) The civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the prescribed maximum amount. (a) prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations; (b) prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply; (4) A person mentioned in subsection (1) may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply. Subdivision 3—Capacity auction information 91FEE—Obligation to give information to AEMO (1) A person of the following kind who has possession or control of information that relates to and is necessary for the operation and administration of a capacity auction by AEMO or the performance of any other capacity auction function of AEMO must give AEMO the information for use by AEMO for the operation and administration of that capacity auction or performance of that other function if the person is required to do so under the Procedures or Rules: (a) a capacity auction participant; (b) a transportation service provider; (c) a transportation facility user; (d) another person who is prescribed by the Regulations for the purposes of this subsection. (2) The information must be given to AEMO in accordance with the Procedures or Rules. (4) However, subsection (1) does not require— (a) a person to disclose information that is the subject of legal professional privilege; (b) a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction). 91FEF—Person cannot rely on duty of confidence to avoid compliance with obligation A person must not refuse to comply with the requirement in section 91FEE(1) on the ground of any duty of confidence. 91FEG—Giving to AEMO false and misleading information A person must not give capacity auction information to AEMO that the person knows is false or misleading in a material particular. See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website. 91FEH—Immunity of persons giving information to AEMO (1) A person who gives capacity auction information to AEMO does not incur any civil monetary liability for an act or omission in preparing or giving that information unless the act or omission is done or made in bad faith or through negligence. (2) The civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the prescribed maximum amount.   (a) prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations; (b) prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply; (4) A person mentioned in subsection (1) may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply. Subdivision 4—Information used for a capacity auction 91FEI—Giving false and misleading information used for capacity auctions A person must not give to a transportation service provider information that relates to and is necessary for the operation and administration of a capacity auction by AEMO or the performance of any other capacity auction function of AEMO that the person knows is false or misleading in a material particular. See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website. Subdivision 5—Declared wholesale gas market information 91FEJ—Information required to be given to AEMO (1) A person who has possession or control of information must give the information to AEMO if— (a) the information relates to the operation and administration of the covered gas industry; and (b) the information is necessary for AEMO to perform a declared system function under section 91BA(1)(c) or (d); and (c) the person is required by the Rules to give the information to AEMO. (2) The information must be given to AEMO in accordance with the Wholesale Market Procedures or the Rules. (4) Subsection (1) does not require— (b) a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction, whether or not the jurisdiction is a participating jurisdiction. 91FEK—Person cannot rely on duty of confidence to avoid compliance with obligation A person must not refuse to comply with the requirement in section 91FEJ on the ground of any duty of confidence. 91FEL—Giving AEMO false or misleading information A person must not give information to AEMO under this Subdivision that the person knows is false or misleading in a material particular. 91FEM—Immunity of persons giving information to AEMO (1) A person who gives information to AEMO under this Subdivision does not incur any civil monetary liability for an act or omission in giving that information unless the act or omission is done or made in bad faith or through negligence. (2) The civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the maximum amount prescribed by the Regulations. (a) prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations; (b) prescribe maximum amounts that vary in their application according to the persons to whom, or the events, circumstances, losses or periods to which, they are expressed to apply; (4) A person mentioned in subsection (1) may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.