New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW - SECT 27

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

(ea) to make and amend the Operational Transportation Service Code in accordance with this Law and the Rules; and

(eb) the AER trial waiver functions; and

(f) to prepare and publish reports on the financial and operational performance of service providers in providing pipeline services by means of scheme pipelines; and

(fa) in relation to goods or services in the covered gas industry--

(i) to prepare and publish, in accordance with the Rules, aggregated and anonymised information or data about prices for those goods or services; and

(ii) 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

(iii) 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

(g) to approve compliance programs of service providers relating to compliance by service providers with this Law or the Rules; and

(ga) AER wholesale market monitoring functions and AER wholesale market reporting functions; and

(h) any other functions and powers conferred on it under this Law or the Rules.

(1a) The AER has the following functions and powers in relation to the Procedures--

(a) to investigate breaches or possible breaches of the Procedures referred to the AER by AEMO; and

(b) to institute and conduct proceedings in relation to breaches of the Procedures referred to the AER by AEMO; and

(c) to institute and conduct appeals from decisions in proceedings referred to in paragraph (b); and

(d) to approve, in consultation with AEMO, compliance programs relating to compliance by Registered participants with the Procedures.

(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.