New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW - SECT 91BC

91BC AEMO's power of direction

(1) AEMO may give written directions to a Registered participant (or an exempted participant) with respect to the declared transmission system or a declared distribution system for 1 or more of the following purposes--

(a) to maintain and improve the reliability of the supply of covered gas;

(b) to maintain and improve the security of the declared transmission system or a declared distribution system;

(c) in the interests of public safety.

(2) A direction under this section--

(a) may relate to--

(i) the operation or use of any equipment or installation; or

(ii) the control of the flow of covered gas; or

(iii) any other matter that may affect the safety, security or reliability of the declared transmission system or a declared distribution system; but

(b) must be consistent with other legislation (including subordinate legislation) relevant to safety in the adoptive jurisdiction but may be contrary to a provision of the Rules or the Procedures.

(3) A direction under this section may apply, adopt or incorporate (with or without modification) a relevant code of practice or standard (made in or outside Australia) as in force or existing when the direction is made or as in force or existing from time to time.

(4) A prohibition imposed by a direction under this section may be either unconditional or subject to conditions stated in the direction.

(5) A person to whom a direction under this section applies must comply with the direction.

: Maximum penalty--

(a) in the case of a natural person--$34 000;

(b) in the case of a body corporate--$170 000.

Note--: 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.

(6) A person who fails to comply with a direction under this section within the period allowed in the direction commits a further offence for every day the non-compliance continues after the end of that period and is liable to a further penalty of $17 000 for each such offence.

Note--: 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.