Part 5General

Part 5—General 17—Exemption from taxes (1) Any stamp duty or other tax imposed by or under a law of this State is not payable in relation to— (a) an exempt matter; or (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter. exempt matter means a transfer of assets or liabilities— (a) that is made for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling a covered gas, processable gas or biogas in breach of any ring fencing requirements of any national gas legislation or for the purpose of the separation of certain businesses or business activities from other businesses or business activities of a person as required by an AER ring fencing determination; and (b) that the Minister and the Treasurer declare from time to time by notice in the Gazette to be an exempt matter for the purposes of this section. 19—Conferral of functions and powers on Commonwealth bodies (1) Clause 2 of Schedule 2 to the National Gas (South Australia) Law has effect in relation to the operation of any provision of this Act, or any regulation made under this Act, as if the provision or regulation formed part of the National Gas (South Australia) Law. (2) Subsection (1) does not limit the effect that a provision or regulation would validly have apart from the subsection. 20—Freedom of information The following are exempt agencies for the purposes of the Freedom of Information Act 1991: (a) AEMO; (b) an agent of AEMO with respect to functions performed under the Rules or the Procedures. 21—Role of AEMO (1) The Minister may, by notice in the Gazette— (a) fix 2 dates for the purposes of the definition of changeover date in section 2 of the National Gas (South Australia) Law; (b) specify which changeover date is the relevant changeover date for the purposes of specified provisions of the National Gas (South Australia) Law. (2) In relation to the operation of section 91A(1) of the National Gas (South Australia) Law— (a) paragraphs (h) and (i) of subsection (1) will apply to, and in relation to, South Australia from the first changeover date fixed by the Minister; and (b) paragraphs (b) and (g) of subsection (1) will also apply to, and in relation to, South Australia from the first changeover date, but, until the second changeover date, those paragraphs will only apply to the extent to which the performance of the relevant functions by AEMO is not inconsistent with the performance of functions by REMCo under a law of the State; and (c) paragraphs (a), (c), (d), (e), (j), (k) and (l) of subsection (1) will apply to, and in relation to, South Australia from the second changeover date. Subsection (2)(b), insofar as it applies to section 91A(1)(g) of the National Gas (South Australia) Law, is intended to ensure that any changes to the Procedures made by AEMO before the second changeover date that relate to retail market procedures do not apply to, or in relation to, South Australia until on or after the second changeover date. REMCo means the Retail Energy Market Company Limited (ACN 103 318 556). 22—Ministerial power to suspend operation of 2009 Amendment Act (1) In this section— 2009 (AEMO) Amendment Act means the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009. (2) The Minister may, by notice in the Gazette, suspend the operation in South Australia of a provision to be inserted into the National Gas Law by the 2009 (AEMO) Amendment Act, as it applies as a law of South Australia under section 7(a) of this Act— (a) until a specified day; or (b) until a day to be specified by the Minister by subsequent notice in the Gazette. (3) A notice under subsection (2)— (a) will have effect in accordance with its terms; and (b) will have effect for the purposes of the operation of the National Gas (South Australia) Law but not as to affect the application, force or effect of the National Gas Law in any other way. (4) For the purposes of subsection (2), a reference to a provision to be inserted into the National Gas Law extends to a part of a provision. 23—Application of provisions relating to short term trading markets Division 2A of Part 6 of Chapter 2 of the National Gas (South Australia) Law applies to, and in relation to, South Australia. 24—Regulation‑making power for the purposes of the National Gas (South Australia) Law The Governor may make such regulations as are contemplated by the National Gas (South Australia) Law as being made under this Act as the application Act of this jurisdiction.